Window Book License Agreement - WindowBookScheduler

IMPORTANT INFORMATION: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE ASSOCIATED SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.

1. Creation of Binding Agreement; Return Right. This License is a binding legal agreement between Window Book, Inc. ("Window Book") and you. This License governs the parties' rights and obligations concerning (i) the configuration of Window Book’s software which you have licensed, as described in the User’s Guide (the "Software Application"), and (ii) any associated media, online documentation, or printed documentation (items (i) and (ii) are collectively referred to as the "Software Product"). IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE PRODUCT. Instead, return the Software Product promptly in the original package, with your sales receipt, to Window Book (at the address provided in Section 20, below), for a full refund of the purchase price.

2. Term and Grant of License. The term of this License is one (1) year, beginning on the date you purchase this license (the “Term”). During the Term, Window Book grants you a non-transferable, nonexclusive license (i) to install the Software Application on all computers at one (1) site, defined as one building, and (ii) to use the Software Product for its intended purposes. The Software Application may allow you to store and retrieve information from the US Postal Service (“USPS”) locally, and/or on Internet servers maintained by Window Book. Access to Window Book Internet servers for such purposes shall be subject to a separate contract between you and Window Book.

3. Renewal of License. You may renew this License, upon expiration of the Term, on Window Book’s then current terms and conditions.

4. Network User; Storage. You may store or install a copy of the Software Application on a storage device, such as a network server, used only to install or run the Software Application over an internal network; provided, however, that each computer is located on one physical site. A license for the Software Application may not be shared or used concurrently at different site locations.

5. Software Updates; Expiration of License; Inoperative Software. Window Book periodically updates the Software Application (among other reasons) to accommodate changes in postal rules, rates, and forms by the USPS. Window Book will update the Software Product as soon as commercially reasonable upon any such change in postal rules, rates and forms. As a licensed user, during the Term, you will obtain such updates at no charge. If you fail to renew this License upon expiration of the Term, the Software Application will become inactive. ATTENTION: THE SOFTWARE APPLICATION WILL BECOME INOPERATIVE, AND WILL CEASE TO FUNCTION WITHIN ONE (1) MONTH OF BECOMING INACTIVE.

6. Relationship with USPS. Use of the Software Application may entitle you to discounts on postal rates from the USPS, and use of certain features of the Software Application will require the payment of postal or other fees to the USPS. Window Book is not affiliated with the USPS, and provides no assurance in this License as to the existence or amount of such discounts or fees.

7. Limited Ninety-Day Warranty. For a period of ninety (90) days following the original retail purchase of the licensed rights hereunder (the "Warranty Period"), Window Book warrants that the Software Product will be free from substantial errors or defects that will materially interfere with the operation of the Software Product as described in applicable end-user documentation when given normal, proper, and intended usage, provided that you implement all updates, enhancements and corrections previously offered to you by Window Book. WINDOW BOOK DOES NOT WARRANT THAT YOUR USE OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. If the Software Product fails during the Warranty Period for any reason other than misuse, and if you have utilized the support services specified in Section 8 without resolving the failure, please return the defective Software Product together with a dated proof of purchase to Window Book at the address specified in Section 19, below, for a free replacement of the Software Product or, at your request, a full refund of the purchase price. Only the initial licensee shall enjoy the benefit of this warranty.

8. Product Support. During the Warranty Period, Window Book shall provide to you, at no charge, up to one (1) hour of product and technical support to assist you in installing, configuring, and operating the Software Application (“Support”). Such Support will be available to you via e-mail and phone, Monday through Friday (excluding holidays) from 9:00 am to 5:00 pm, EST. Window Book reserves the right to deny Support to users who fail or refuse to reasonably consult Product documentation or install updates when and as provided by Window Book. You may obtain additional technical and product support under a separate support contract, with mutually agreeable terms.

9. Limitations on Warranty. SECTIONS 7 AND 8, ABOVE, PROVIDE THE EXCLUSIVE REMEDY FOR DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7, WINDOW BOOK MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE PRODUCT AND EXPRESSLY DISCLAIMS ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. WINDOW BOOK DOES NOT WARRANT THAT UPDATES TO THE SOFTWARE PRODUCT WILL BE AVAILABLE IMMEDIATELY UPON A CHANGE IN POSTAL RULES, RATES OR FORMS, NOR THAT THERE WILL NOT BE A DELAY OR INTERRUPTION IN THE USE OR USABILITY OF THE SOFTWARE PRODUCT PENDING SUCH UPDATE OR UPDATES.

10. Limitation of Liability. WINDOW BOOK SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR CLAIMED LOST PROFITS, REVENUE, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR LOST BUSINESS. IN ADDITION, WINDOW BOOK'S LIABILITY UNDER THIS LICENSE SHALL NOT EXCEED AN AMOUNT EQUAL TO THAT PAID BY YOU HEREUNDER. In certain contracts, some states do not allow exclusions, or limitations concerning implied warranties or damages. The above limitations and exclusions, accordingly, may not apply to you.

11. Ownership; No Implied Rights. The Software Product contains copyright-protected materials, trade secrets, and other proprietary information, all right, title, and interest to which are held by Window Book or its licensors. The Software Product is licensed, not sold, and all rights not expressly granted in this License are specifically reserved to Window Book.

12. Reverse Engineering. You shall in no event reverse engineer, decompile, or disassemble the Software Application.

13. Export Law Assurance. You agree that you will not export the Software Product or any technical data obtained from Window Book, except in compliance with U.S. export regulations.

14. Termination. You may terminate this License at any time by destroying the Software Product. Without prejudice to Window Book's other rights, this License will terminate immediately if you fail to comply with the terms of this License. This License will similarly terminate upon expiration of the Term, at which time the Software Application will become inactive, and later inoperable, as provided in Section 5. Upon termination, you must cease all use of, and destroy the Software Product.

15. United States Government Rights: If you are acquiring the Software Product on behalf of any agency or unit of the United State Government, the following provisions apply: the Government agrees: (i) if the Software Product is supplied to the Department of Defense (DoD), the Software Product is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software Product, as defined in clause 252.227-7013(c) of the DFARS; and (ii) if the Software Product is supplied to any unit or agency of the Government other than DoD, the Government's rights in the Software Product shall be as defined in clause 52.227-19(c) of the FAR.

16. Controlling Law; Jurisdiction; Severability. This License shall be governed by the internal laws of the Commonwealth of Massachusetts, and any disputes arising out of this License shall be resolved exclusively in the state or federal courts sitting in Massachusetts. If any provision of this License is held unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of this License shall continue in full force and effect.

17. Notices. Window Book may contact you to notify you of updates to the Software Product.

18. Information Gathering. Window Book gathers information on the usage of its own software to increase product reliability, functionality and invoicing, to provide cumulative data to aid in mailing and shipping cost analysis and to ensure compliance with the terms of this license. This information is company confidential and used solely for internal company purposes.

19. Tracking. Window Book will track the number of packages sent from each copy of the Software Application, and both Window Book and the USPS will receive information concerning packages shipped.

20. Further Information, Questions. If you should have any questions concerning this End-User License, of if you wish to contact Window Book for any reason, please write us at: Window Book, Inc. 300 Franklin Street, Cambridge, Massachusetts, call 1.800.370.2410, or e-mail info@windowbook.com.