As a CheckWriter™ user, you must agree to this license. Yourfavorite.com is the publisher of CheckWriter™ brand software. CheckWriter™ is a trademark of yourfavorite.com, and CheckWriter™ Software is ©1996-2014, all rights reserved. Use of yourfavorite.com products and/or services constitutes agreement to the following terms unconditionally: Refunds
are subject to the terms and conditions at
checkwriter.net and the back of your invoice if you purchased your software directly from
yourfavorite.com. The Single User
Version of CheckWriter™ Software is intended to be
installed on one client machine only. This also applies
when the client machines are in the same physical location and
owned by the same company or individual. A separate copy
of CheckWriter Single User version must be purchased for each
and every machine where the CheckWriter™ Software is
installed. CheckWriter™ Duplex Edition Software can be installed on up to two (2) client machines on a LAN or Local Area Network or separately. CheckWriter™ Duplex Edition Software includes a "site license" allowing two installations at any one physical address. Up to 2 users are included and additional seats are not available. The Duplex Edition is not expandable and if additional seats are required, an upgrade to the Network or Enterprise Edition is mandatory. Installing CheckWriter™ Duplex Edition for use at more than one physical address, or using more than the standard 2 users without proper license is prohibited, and illegal in the United States and Canada. You agree that if you notify yourfavorite.com that more than one copy of the CheckWriter™ Duplex Edition Software is installed at a separate physical location without a license, yourfavorite.com will be authorized to bill you, the user for additional licenses and/or fees. At the discretion of the publisher, a $100 administrative licensing enforcement fee may be assessed. CheckWriter™ Duplex Edition has a maximum number of 2 users. CheckWriter™ Network Edition Software can be installed on multiple client machines on a LAN or Local Area Network. CheckWriter™ Network Edition Software includes a "site license" allowing multiple installations at any one physical address. Up to 3 users are included and additional seats are sold separately. Installing CheckWriter™ Network Edition for use at more than one physical address, or using more than the standard 3 users without proper license is prohibited, and illegal in the United States and Canada. You agree that if you notify yourfavorite.com that more than one copy of the CheckWriter™ Network Edition Software is installed at a separate physical location without a license, yourfavorite.com will be authorized to bill you, the user for additional licenses and/or fees. At the discretion of the publisher, a $100 administrative licensing enforcement fee may be assessed. CheckWriter™ Network Edition has a maximum number of 10 users. CheckWriter™ Enterprise Edition Software can be installed on multiple client machines on a LAN or Local Area Network. CheckWriter™ Enterprise Edition Software includes a "site license" allowing multiple installations at any one physical address. Up to 10 users are included and additional seats are sold separately. Installing CheckWriter™ Enterprise Edition for use at more than one physical address, or using more than the standard 10 users without proper license is prohibited, and illegal in the United States and Canada. You agree that if you notify yourfavorite.com that more than one copy of the CheckWriter™ Enterprise Edition Software is installed at a separate physical location without a license, yourfavorite.com will be authorized to bill you, the user for additional licenses and/or fees. At the discretion of the publisher, a $100 administrative licensing enforcement fee may be assessed. The Upgrade
Version of CheckWriter™ Software is offered to verified
owners of any prior version of the software with proof of
purchase, or purchase record on file. The upgrade is
offered as a full version, not a limited version, and will not
require presence of a prior installation, although it will
transfer all prior information if properly backed up. The
upgrade versions come with no telephone support as specified in
"Support." LIMITATION OF OBLIGATIONS AND LIABILITY Yourfavorite.com will utilize its best efforts to maintain acceptable performance of services contracted for services, but yourfavorite.com makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Yourfavorite.com cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system, via the Internet or using software products where information is stored. Yourfavorite.com will not be liable for the inadvertent disclosure of, or corruption, or erasure of, data transmitted or received or stored on its system or products. Yourfavorite.com shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, corruption of data, inability to access Internet, the software, or inability to transmit or receive information, inability to access information in a database, or improper use, or improper printing of drafts or checks, or service caused by, or resulting from, delays, non-deliveries, incorrect data, or service interruptions, associated with a yourfavorite.com software product, whether or not caused by the fault or negligence of yourfavorite.com. Yourfavorite.com
makes no guarantee that checks or drafts printed by the software
will have available funds or that checks or drafts are actually
valid when created with CheckWriter
Software. Youfavorite.com will not be liable for returned check
charges or any other banking fees accrued while using the
CheckWriter™ software PROPERTY RIGHTS Yourfavorite.com
owns all right, title and interest in yourfavorite.com’s trade
names, service marks, inventions, copyrights, trade secrets,
patents, and know-how relating to the design, function, or
operation of Plans and of the hardware and software systems and
resources necessary to provide the individual service elements
of which they consist. This agreement does not constitute a
license to Customer to use yourfavorite.com's trade names or
service marks. The use by Customer of the other property rights
mentioned here is authorized only for the purposes of using the CheckWriter™
Software. CONFIDENTIALITY Customer acknowledges that by reason of its relationship with yourfavorite.com hereunder, it may have access to certain information and materials relating to yourfavorite.com’s business, plans, customers, software technology, and marketing strategies that is confidential and of substantial value to yourfavorite.com, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by yourfavorite.com. This includes use of pieces of CheckWriter™ software or CheckWriter™ as a whole in the development of other software systems or similar projects. Customer further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by the Customer of any such confidential information in its possession, and all confidential materials shall be returned to yourfavorite.com or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, yourfavorite.com shall be entitled to injunctive relief, which relief shall not be contested by Customer. OTHER CONDITIONS NON-ASSIGNABILITY Customer's rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of yourfavorite.com. CheckWriter™ Software cannot be sold or transferred in any way to a third party once it has been purchased and installed by the original Customer. PARTIAL INVALIDITY If any provision of this agreement is held to be invalid by Suffolk Superior Court in Boston or any other court where proceeding regarding this contract may be held, then the remaining provisions shall nevertheless remain in full force and effect. yourfavorite.com and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision. ENTIRE AGREEMENT; MODIFICATIONS This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. yourfavorite.com may make changes to this agreement upon thirty (30) days' written notice to Customer, advising of the change and the effective date thereof. Utilization of yourfavorite.com services and use of the CheckWriter™ Software by Customer and/or its Customers, following the effective date of such change shall constitute acceptance by Customer of such change(s). CheckWriter™ Software is ©Copyright 1996-2014, all rights reserved. Reproduction in full or part is strictly prohibited. ---------------END--------------- CheckWriter™
is trademark product from yourfavorite.com. |