End User License Agreement
1.1 This Agreement describes the terms governing your use of the Cairnstack Software LLC including content, updates and new releases (collectively, the Software ) and gives you certain rights and responsibilities depending on the software license you selected, purchased or subscribed to, as more fully described herein. The Agreement includes by reference:
Cairnstack Software LLC's Privacy Statement available on the website or provided to you in writing for the Software you selected;
Any terms provided separately to you for the Software, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, where applicable.
1.2 An "Affiliate" means all Cairnstack Software LLC companies and subsidiaries that directly or indirectly, control or are controlled by Cairnstack Software LLC, or are under the common control with Cairnstack Software LLC. As used in this Agreement, control means equity ownership of fifty percent (50%) or greater interest in the voting shares held by an entity.
2. LICENSE GRANT AND RESTRICTIONS
2.1 The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use the Software, and Cairnstack Software LLC reserves all other rights in the Software not granted to you in writing herein. As long as you meet any applicable payment obligations and comply with this Agreement, Cairnstack Software LLC grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Software only for the period of use provided in the ordering and activation terms, as set forth in this Agreement, or in accordance with Cairnstack Software LLC s then-current product discontinuation policies, as updated from time to time, and only for the purposes described by Cairnstack Software LLC for the Software.
2.2 You acknowledge and agree that the Software is licensed, not sold. You agree not to use the Software in a manner that violates any applicable law, regulation or this Agreement. For example, unless authorized by Cairnstack Software LLC in writing, you agree you will not:
Provide access to or give the Software or any part of the Software to any third party;
Reproduce, duplicate, copy, deconstruct, reverse-engineer, sell, trade or resell the Software;
Transfer your license to the Software to any other party without express written permission from Cairnstack Software LLC;
Attempt unauthorized access to any other Cairnstack Software LLC systems that are not part of the Software;
Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, hosting service, or other arrangement; or
Upload, host, use or access the Software via a timesharing, service bureau, virtualization, application hosting or other remote access arrangement.
If you violate any of these terms, this Agreement and your license to use the Software may be terminated by Cairnstack Software LLC in its sole discretion.
For Software licensed on a payment or subscription basis, the following terms apply, unless Cairnstack Software LLC notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you for the Software:
a. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Software.
b. You must pay with one of the following:
1. A valid credit card acceptable to Cairnstack Software LLC;
2. A valid debit card acceptable to Cairnstack Software LLC;
3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
4. By another payment option Cairnstack Software LLC provides to you in writing.
c. If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may immediately suspend or terminate your account, terminate your license and refuse any further use of the Software.
d. Cairnstack Software LLC will automatically renew your monthly, quarterly, or annual subscription at the then-current rates, as required for you to maintain access to the Software, unless your license to the Software is cancelled or terminated under this Agreement.
e. Additional cancellation or renewal terms may be provided to you on the website for the Software.
4. YOUR PRIVACY AND PERSONAL INFORMATION.
You can view Cairnstack Software LLC s Privacy Statement on the Cairnstack Software LLC website, or via a link on the website for the Software you have selected. You agree to be bound by the applicable Cairnstack Software LLC Privacy Statement, subject to change in accordance with its terms. Most importantly, you agree:
To Cairnstack Software LLC maintaining your data according to the Cairnstack Software LLC Privacy Statement, as part of the Software.To give Cairnstack Software LLC permission to aggregate your non-personally identifiable data which you enter or upload with that of other users of the Software. By way of example, this means that Cairnstack Software LLC may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.
Cairnstack Software LLC is a global company and may access or store personal information in multiple countries, including countries outside of the European Union that may be deemed to have inadequate protections by European Union Data Protection Authorities. When you agree to this Agreement, you agree to this practice.
5.1 You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Software. You grant Cairnstack Software LLC a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Software. You agree not to use the Software for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Software. You agree that you will not use the Software to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Cairnstack Software LLC is not responsible for the Content or data you provide through your use of the Software. You agree not to use the Software to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
a. Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
b. Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
c. Except as otherwise permitted by Cairnstack Software LLC in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
d. Virus, trojan horse, worm or other disruptive or harmful software or data; and
e. Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
5.2 Community forums. The Software may include access to a community forum to exchange information with other users of the Software and the public. Please use respect when you interact with other users. Cairnstack Software LLC does not support and is not responsible for the accuracy of others content in these community forums. Do not reveal information in the community forum that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which Cairnstack Software LLC is not responsible.
Cairnstack Software LLC may, but has no obligation to, monitor Content provided on the community forum. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Cairnstack Software LLC or its customers, or operate the Software properly. Cairnstack Software LLC, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
5.3 Cairnstack Software LLC may freely use feedback you provide. You agree that Cairnstack Software LLC may use your feedback, suggestions, or ideas in any way, including in future modifications of the Software, other products or services, advertising or marketing materials. You grant Cairnstack Software LLC a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Cairnstack Software LLC in any way. Cairnstack Software LLC will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
6. ADDITIONAL TERMS YOU AGREE TO
6.1 Cairnstack Software LLC does not give professional advice. Cairnstack Software LLC is not in the business of providing legal, financial, accounting, health care, human resource or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
6.2 We may tell you about other Cairnstack Software LLC services. You may be offered other services, features, products, applications, online communities, or promotions provided by Cairnstack Software LLC ("Cairnstack Software LLC Services"). If you decide to use any of these Cairnstack Software LLC Product or Services, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some Cairnstack Software LLC Services you may upload or enter data such as names, addresses and phone numbers, purchases, and other data to the Internet. You grant Cairnstack Software LLC permission to use information you provide and about your experience so that we can provide the Cairnstack Software LLC Services to you, monitor and analyze your use of the services, maintain and update your data, and address errors or service interruptions. We may use this data to improve services, enhance future services, identify potentially relevant offers, and produce anonymous research data. You grant Cairnstack Software LLC permission to combine the data you have entered or uploaded with that of others in a way that does not identify you or any individual personally. You also grant Cairnstack Software LLC permission to share or publish summary results relating to such research data and to distribute or license such data to third parties.
6.3 We may tell you about third party products or services. Subject to the Cairnstack Software LLC Privacy Statement, Cairnstack Software LLC may offer products and services on behalf of third parties who are not affiliated with Cairnstack Software LLC ("Third Party Products") or the Software may contain links to third party websites ("Third Party Sites").You agree that Cairnstack Software LLC can use your contact information, including name and address, for the purpose of offering these products to you in accordance with your stated Cairnstack Software LLC contact preferences. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party s separate product terms, website terms and privacy policies. You agree that the third parties, and not Cairnstack Software LLC, are responsible for their product s performance and the content on their websites. Cairnstack Software LLC is not affiliated with these Third Party Products or Third Party Sites and has no liability for them.
6.4 Communications choices. Cairnstack Software LLC may be required by law to send you communications about the Software or Third Party Products. You agree that Cairnstack Software LLC may send these communications to you via email or by posting them on one of our sponsored websites. We may also send business communications such as confirmations or notices, which will be delivered to you via email or posted on our websites. You are required to receive these communications. You can choose not to receive some types of communication, such as marketing messages.
6.5 You will track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Software. If you become aware of any unauthorized access to your Software account, theft or loss of your password, you agree to contact Cairnstack Software LLC as soon as possible. The Software may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Software.
7. DISCLAIMER OF WARRANTIES
7.1 YOUR USE OF THE SOFTWARE AND CONTENT ACCESSIBLE THROUGH THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAIRNSTACK SOFTWARE LLC, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SOFTWARE. CAIRNSTACK SOFTWARE LLC AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. FURTHER, CAIRNSTACK SOFTWARE LLC DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE, CONTENT OR DATA TRANSMITTED THROUGH THE SOFTWARE. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
7.2 CAIRNSTACK SOFTWARE LLC AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SOFTWARE IS IN ACCORDANCE WITH APPLICABLE LAW.
8. LIMITATION OF LIABILITY AND INDEMNITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF CAIRNSTACK SOFTWARE LLC, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM AND NOT SUBJECT TO LIVEQR OR OTHER CODES PRODUCED. SUBJECT TO APPLICABLE LAW, CAIRNSTACK SOFTWARE LLC AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET CAIRNSTACK SOFTWARE LLC SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF CAIRNSTACK SOFTWARE LLC AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF CAIRNSTACK SOFTWARE LLC, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE. You agree to indemnify and hold Cairnstack Software LLC and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Software or breach of this Agreement (collectively referred to as "Claims"). Cairnstack Software LLC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Cairnstack Software LLC in the defense of any Claims.
9. CHANGES TO THIS AGREEMENT OR THE SOFTWARE.
We may change this Agreement from time to time, and the changes will be effective when posted on our website for the Software or when we notify you by other means. Please review the Agreement periodically on the website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Software, in whole or in part, including but not limited to, any feature or aspect of the Software, Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Software after Cairnstack Software LLC posts or otherwise notifies you of any changes, indicates your agreement to the changes.
Cairnstack Software LLC may immediately and without notice terminate this Agreement or suspend or terminate the license to the Software if you fail to comply with these terms or if you no longer agree to receive electronic communications (see Section 7.4). Upon any termination you must immediately stop using and delete or destroy all copies of the Software and any outstanding payments will become due. Any termination of this Agreement shall not affect Cairnstack Software LLC s rights to any payments due to it. Cairnstack Software LLC may terminate a free account at any time. Other requirements regarding termination or cancellation of your license to the Software may apply based on the specific ordering or activation terms for the Software. Sections 1.2, 5, and 8 through 15 will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.
11. EXPORT RESTRICTIONS.
You acknowledge that this website, the Software, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export the Software, or any part of the Software, in violation of these laws and regulations, directly or indirectly. You also agree not to provide access to any part of the Software to anyone who you have reason to know may use the Software in the development of nuclear, chemical, or biological weapons.
12. GOVERNING LAW AND JURISDICTION.
California state law governs this Agreement without regard to its conflicts of laws provisions. To resolve any legal dispute arising from this Agreement, you and Cairnstack Software LLC agree to the exclusive jurisdiction of state courts in Denver County, Colorado U.S.A. or federal court located in Denver, Colorado. Cairnstack Software LLC does not represent that the Software is appropriate or available for use in all countries. Cairnstack Software LLC prohibits accessing materials from countries or states where contents are illegal. You are using the Software on your own initiative and you are responsible for compliance with all applicable laws.
14. LANGUAGE. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English.
This Agreement is the entire agreement between you and Cairnstack Software LLC and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement in Section 10 above. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without the prior written approval of Cairnstack Software LLC. However, Cairnstack Software LLC may assign or transfer it without your consent to (a) an Affiliate, (b) another company through a sale of assets by Cairnstack Software LLC or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement or if your company is acquired by or merged into another company, contact Cairnstack Software LLC via an email to: info@Cairnstack.com.
Software Add-on’s, user license and co-op licensing______________________
Your use of the Software, Add-On Products and related Services provided by Cairnstack Software LLC are subject to the General Terms above and including these Additional Terms and Conditions which govern your use of the Software, Add-on Products and related Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms above.
14. LICENSE GRANT AND RESTRICTIONS.
Cairnstack Software LLC Inc. ("Cairnstack Software LLC", "us", "we", "our") grants you ("you" and "your" means you or the legal entity identified in the registration process that you are authorized to represent and on whose behalf the Software is licensed) the following rights provided that you comply with all of the terms and conditions of this Agreement. (i) Single User License. You may: (a) install the Software on one computer for access and use by only one specific person; and (b) install the Software on one additional computer (e.g., a laptop that you own and use in your business or a home computer that you own and use in your business), so long as only the same specific person accesses and uses the Software. If you purchased a valid license for the Software and received an Authentic Cairnstack Software LLC CDROM, such CDROM is your backup copy of the Software. If you purchased a valid license and received the Software through an electronic download, you may not make a backup copy of the Software, but only contact support for download instructions for the purpose of reinstalling the Software, if needed, on the single computer or additional computer referenced in (a) and (b) above. You are not allowed to make copies of the printed materials accompanying the Software, if any, or print multiple copies of any user documentation.
(ii) Multi User License and Multi Location Co-op Purchasers. You may: (a) install the Software on the number of computers equal to the number of user licenses you purchased; (b) access and use the Software solely by the number of specific printers or LiveQR data attachment hardware corresponding to the number of licenses you purchased, with no substitution of such users (for example, if you purchased a 3 license pack and you have 10 printers utilized in your company for PTI related printers or LiveQR data attachment hardware in any form, the original 3 specific printers or LiveQR data attachment who were initially provided with access to and use of the Software, are the only printers or LiveQR data attachment hardware licensed to use the Software unless you purchase additional licenses; (c) install the Software on 1 additional computer above the number of the license(s) you purchased, solely to manage your Co-op tools at a location where PTI printing is not to take place, and not for use of the Software by another user; and (d) for each license you purchased, make one copy of the printed materials accompanying the Software, if any, or print one copy of any online user documentation solely for use by licensed users. Notwithstanding (b) above, you may replace a specific user if such user leaves and must be replaced with a new employee.
You are not licensed or permitted under this Agreement to do any of the following: (a) modify, adapt, translate, rent or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis); (b) assign, loan, resell, transfer or distribute the Software, CDROM(s), or related materials or create derivative works based upon the Software or any part thereof; (c) network the Software; (d) use IP masking technology to copy local IP to combine remote locations into one IP, except that you may network your company data file as outlined in Section B.1.(ii) above if you have purchased the multi-user license version; and (d) copy the Software in whole or part, except as expressly stated in (i), (ii), or (iii) above, or use trade secret information contained in the Software, to develop software to interface with the Software. You agree not to (and not to permit others to): (i) decompile, disassemble, or otherwise reverse engineer the Software, except as otherwise expressly permitted by applicable law; or (ii) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright notices) of Cairnstack Software LLC or its licensors on or within the Software or any copies of the Software. All license transfers are subject to written approval by Cairnstack Software LLC and may be subject to a transfer fee determined by Cairnstack Software LLC in its sole discretion. If your company is, or substantially all of its assets are, acquired by or merged into another company or sole proprietorship, please contact Cairnstack Software LLC at info@Cairnstack.com regarding transferring your license to the new company.
(iii) Unlock License. If you elect to convert from one version of the Software to another (e.g., from the Trial version to the Single PTIprint version, from Basic to Pro, etc.) using the unlock purchase process within the Software, your use of the new unlocked version of the Software must be in accordance with the terms and conditions of this Agreement. Once you have unlocked such version, you may no longer use the original version of the Software on any computer. (iv) If you purchased a subscription license to the Software, the terms of this Agreement, as supplemented by the terms of the subscription, will govern your use of the Software and provided that the duration of such license will be based on the subscription model you have elected.(v). Any software that is delivered by electronic transmission (regardless of whether a replacement copy is ordered) shall be deemed delivered on the date that Cairnstack Software LLC makes such program available for download. In addition to the QuickBooks software, the term "Software" includes any other programs, tools, applications, internet-based services, components and any "updates" (for example, Software maintenance, service information, help content, bug fixes, or maintenance releases etc.) of the Software that Cairnstack Software LLC provides or makes available to you after the date you obtained your initial access to the Software. You are entitled to download updates to the Software that Cairnstack Software LLC generally makes available to other users of the Software. However, Upgrades (as defined in Section B.6.(3)) to the Software are only made available to subscribers of specified Services as set forth in Section B.6.(3). Certain Software may be accompanied by, and will be subject to, additional terms and fees may apply.
15. ADDITIONAL TERMS.
A. Registration; Other Restrictions. The Software includes required registration, so you agree that you must register the Software with Cairnstack Software LLC within the amount of time specified by the Software, otherwise you will not be able to continue to use of the Software. You agree to keep your registration information accurate and complete and promptly update your registration data with us as necessary to keep it accurate, current and complete. We protect your registration information according to our privacy policies link on the Cairnstack Software LLC website relating to the Software product you purchased. Enabling others to use your license number(s), product number(s), and validation number(s), if any, is strictly prohibited.
D. Software Updates and Programs . If and when you connect to the Internet and use the Software, Cairnstack Software LLC may also include updates in the transmission or install programs you may have requested.
E. Help and Support. Cairnstack Software LLC may use a variety of methods (e.g., in-product, Internet, chat, e-mail and phone) to provide technical support and customer service in connection with the Software and Cairnstack Software LLC Services. The terms and conditions governing the offering of this support, some of which require the payment of an additional fee, are subject to change as announced by Cairnstack Software LLC from time to time. Consult the Support Web site for the most up-to-date information relating to this support and any associated charges, as well as updates to the Software. By using QuickBooks support, you authorize Cairnstack Software LLC to collect certain company data files in order to provide you with a better customer support experience.
F. PTI label Designs If you obtain any designs from Cairnstack Software LLC to be used as forms or templates "backgrounds" in the PTIprint Customization feature (additional fees apply), you understand and agree that such designs may only be used with your PTIprint software. For example, you are authorized to use these designs or templates that you print or email. You may also order matching business cards and other promotional print items that Cairnstack Software LLC offers. You may also customize PTIprint designs or templates with these images on behalf of your clients who use PTIprint. However you may not resell these designs or templates nor use them for any other purposes, including use on third party generated materials such as forms, web-based materials, or other custom printed business identity, tracking or marketing products.
16. SAVINGS FEATURE.
(i) Relationship with Cairnstack Software LLC. You may be presented with the opportunity to browse and buy from a number of featured suppliers and retailers from within Cairnstack Software LLC software. Cairnstack Software LLC does not represent or endorse the aggregator, nor any of the participating suppliers or retailers ( Suppliers ) of the Savings Feature, nor any of the products or services offered by them. Cairnstack Software LLC is not a party to the dealing, contracting and fulfillment of transactions between any individual user and a Supplier providing products or services. The Suppliers listed are not employees or agents of Cairnstack Software LLC. Cairnstack Software LLC has no control over and does not guarantee the quality, safety or legality of Suppliers advertised products or services, the truth or accuracy of Supplier listings, or the ability of Suppliers to deliver products or services, or that a Supplier can or will actually complete a purchase, return, exchange or other transaction.. Cairnstack Software LLC provides this information as a convenience and does not confirm or verify the information. All rights and obligations for the purchase, sale, return or exchange of Suppliers products or services are solely between the purchasor of the products or services and the Supplier. You and the Supplier must look directly and solely to each other for enforcement and performance of all the rights and obligations arising from the dealings and transactions between yourselves.
(ii) Disputes. Any disputes in connection with products or services provided by Suppliers or payments, returns or exchanges made by you for such products or services remain between you and the Suppliers. You acknowledge that Cairnstack Software LLC will not be a party to any such dispute. If you have a dispute with any other user or Supplier, you must address such dispute with the user or Supplier directly. If you have reason to believe a dispute involves a violation of the terms of this Agreement, you may report such violation via the procedure set forth in the Savings Feature but Cairnstack Software LLC will not be obligated to take any other action or refrain from taking any other action toward resolving any such dispute.
(iii) Release of Claims. Because Cairnstack Software LLC does not and cannot be involved in user-to-user or purchasor-to-retailer dealings or control the behavior of participants using the PTIprint images, codes or landing pages, if you have a dispute with one or more sources or Suppliers, you hereby release Cairnstack Software LLC and its affiliates from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
17. SATISFACTION GUARANTEED/LIMITED WARRANTY.
(i) Satisfaction Guarantee. If you are not satisfied with the Software and (a) You purchased the Software from a retail store, you may uninstall and delete all copies of the Software from your computer(s) and request by writing in email or paper form requesting a return within 60 days of purchase to email@example.com along with where you purchased your license with a dated receipt for a full refund. (b) You obtained the Software directly from Cairnstack Software LLC via an Internet download, you may submit a written request to Cairnstack Software LLC including your name, contact and product order information to Cairnstack Software LLC Inc., Returns Department, 791 SouthPark Drive, Suite 1200, Littleton, CO. 80120. or (d) You obtained the Software by downloading it on your computer, contact the provider of the download site.
The Cairnstack Software LLC Software is subject to Cairnstack Software LLC's discontinuation policy and Cairnstack Software LLC reserves the right to discontinue all support for the PTIprint Software, and/or for any features, online or other services or content accessible through the PTIprint Software in accordance with its current discontinuation policy. The Cairnstack Software LLC Software platforms offers services that require a connection to an Cairnstack Software LLC server (including Internet-based services), such as downloading financial data from a participating ERP, accounting system, inventory control, CRM tool or platforms, such services may expire in accordance with Cairnstack Software LLC's current discontinuation policy.
Cairnstack Software LLC's current discontinuation policy is to provide support for the Cairnstack Software LLC Software and for online and other services or content accessible through the PTIprint Software for the most current version of the PTIprint Software plus the prior two years' versions. More information about the discontinuation policy relating to the Cairnstack Software LLC Software is available on request at firstname.lastname@example.org
19. HEALTH INFORMATION AND PRIVACY. If you intend to use the Software, related services and content in conjunction with the medical or health information of particular individuals, you acknowledge and agree that the Software, related services and content are not "HIPAA-ready" or "HIPAA-compliant" and will not assist with or ensure compliance with HIPAA, and that you are solely responsible for using the Software, related services and content in a manner consistent with all applicable federal and state privacy laws relating to medical or health information.
Google Desktop Terms and Conditions
By agreeing to install Google Desktop you indicate that you have read, understand and agree to the Google Desktop Terms and Conditions located at http://desktop.google.com/eula.html. You understand and agree that Google reserves the right to modify these Google Desktop Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Google Desktop Terms and Conditions, as modified. Please review the most current version of the Google Desktop Terms and Conditions from time to time, located at http://desktop.google.com/eula.html (or such successor URL as Google may provide), so that you will be apprised of any changes.
Thank you for trying out Google Desktop! This page contains the terms and conditions ("Terms and Conditions") for Google Desktop and Google Desktop (collectively, "Google Desktop") including our business version, Google Desktop for Enterprise . By downloading Google Desktop, you agree to this agreement either for yourself or on behalf of your employer or another entity and agree to be bound by its terms and conditions. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these terms and conditions. If you don't have the legal authority to bind, please press the "I do not accept" button below.
Personal or Internal Business Use Only
Google Desktop is made available to you for your personal or internal business use in compliance with all applicable laws, rules and regulations. If you want to make commercial use of Google Desktop, including but not limited to selling or distributing Google Desktop for payment, you must enter into an agreement with Google or obtain Google's written permission in advance. If you are asked to register you must provide complete and accurate identification, contact, and other information required as part of the registration process. Google reserves the right to refuse or discontinue participation to any applicant at any time in its sole discretion.
Except for distributions for internal business and/or personal use to your employees or contractors in compliance with these Terms and Conditions, you may not distribute Google Desktop or any services or software associated with or derived from it, modify, copy, license, or create derivative works from Google Desktop, unless you obtain Google's written permission in advance. If you wish to do any of the above, please contact us by visiting desktop.google.com/feedback.html.
Once you have obtained Google's permission, you may make copies of Google Desktop and distribute such copies to others provided that any such recipient has had an opportunity to review and agree to be bound by these Terms and Conditions. If others to whom you'd like to distribute Google Desktop do not have this opportunity to review and agree to these Terms and Conditions but you would still like to distribute copies to them, you may do so provided that you have the legal right to bind each of those third parties to these Terms and Conditions. If you do not have this right and the recipients do not have an opportunity to review and agree to these Terms and Conditions, you may not distribute Google Desktop to them. If you have any questions regarding the terms of distribution, please contact us by visiting desktop.google.com/feedback.html.
Google Desktop may communicate with Google's servers (unless you are using Google Desktop for internal business use and your settings prevent this communication) to check for available updates to the software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). During this process, Google Desktop sends Google a request for the latest version information. By installing Google Desktop (unless you are using Google Desktop for internal business use and your settings prevent this communication), you hereby agree to automatically request and receive Updates from Google's servers.
You acknowledge that Google or third parties own all right, title and interest in and to Google Desktop, portions thereof, or software or content provided through or in conjunction with Google Desktop, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Google Desktop, or to extract significant portions of Google Desktop's files for use in other applications. You also agree to (and agree not to allow third parties to) not remove, obscure, or alter Google's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Google Desktop.
If you have comments on Google Desktop or ideas on how to improve it, please visit desktop.google.com/feedback.html. Please note that by doing so, you also grant Google and third parties permission to use and incorporate your ideas or comments into Google Desktop (or third party software or content) without further compensation or approval.
Changes to Terms and Conditions
Google reserves the right to modify these Terms and Conditions from time to time in its sole discretion, without notice or liability to you. You agree to be bound by these Terms and Conditions, as modified. Please review the most current version of the Terms and Conditions from time to time, located at desktop.google.com/eula.html (or such successor URL as Google may provide), so that you will be apprised of any changes.
Disclaimer of Warranties
Google and any third party who makes its software or content available in conjunction with or through Google Desktop disclaim any responsibility for any harm resulting from your use (or use by your employees, agents or contractors) of Google Desktop and/or any third party software or content accessed in conjunction with or through Google Desktop. GOOGLE DESKTOP AND ANY THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE DESKTOP ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. GOOGLE AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GOOGLE AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE DESKTOP DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF GOOGLE DESKTOP AND SUCH THIRD PARTY SOFTWARE OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE GOOGLE DESKTOP AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE DESKTOP AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF GOOGLE DESKTOP AND SUCH THIRD PARTY SOFTWARE AND CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL GOOGLE OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE DESKTOP BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF GOOGLE DESKTOP OR SUCH THIRD PARTY SOFTWARE OR CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GOOGLE AND/OR A THIRD PARTY SOFTWARE OR CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON GOOGLE DESKTOP AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE DESKTOP, FROM INABILITY TO USE GOOGLE DESKTOP AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE DESKTOP, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF GOOGLE DESKTOP AND ALL THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH GOOGLE DESKTOP (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Google and/or a third party who make its software and/or content available in conjunction with or through Google Desktop.
Software questions, comments, and contact information. If you have any questions, complaints and/or claims, you may contact Cairnstack at:
CAIRNSTACK Software, 1500 West Canal Court, #A-100, Littleton, CO 80120 USA. E-mail: email@example.com, 844-TO-TRACK
Last updated: July 31, 2015