Software","Login", and "Website" are one in the same, and refer to the use of the world-wide-web
site, commonly known as "https://OFAC-Analyzer.com/". "You" means the person or company who is being licensed
to use the Software or Documentation. "We," "us" and "our" means Applied Programs Inc. "
We hereby grant you a nonexclusive license to use one login to the site, provided the login is in use on only one computer
at any time. The login is "in use" on a computer when it is loaded into temporary memory (RAM) or installed into
the permanent memory of a computer--for example, a hard disk, CD-ROM or other storage device.
TITLE
We remain the owner of all right, title and interest in the Software (including all updates) ("Software") and
related explanatory User Guide, as supplemented and updated ("Documentation").
LICENSE FEE
You agree to pay to us the sublicense fee quoted to you if you elect to extend this Eula beyond the trial period, as follows:
Applied Programs Inc. /
OFAC Analyzer
1529 El Paseo Dr.
San Marcos, CA 92078
If any monthly payment is more than ten (10) days late, we reserve the right to immediately terminate this agreement without
notice to you.
Prohibited Usage
The Software and Documentation are protected by United States copyright laws and international treaties. You must treat
the Software and Documentation like any other copyrighted material--for example a book. You shall not:
- Copy the Documentation
- Copy the Software
- Modify or Adapt the Software or merge it into another program
- reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software - place the Software
onto a server so that it is accessible via a public network such as the Internet
- sublicense, rent, lease or lend any portion of the Software or Documentation
- allow any other person or entity to use the Software or Documentation
LIMITED WARRANTY
We warrant that this copy of the Software: - that the media on which this copy of the Software is provided to you will be
free from defects in materials and workmanship under normal use, and To the extent permitted by applicable law, THE FOREGOING
LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED
WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, regardless of whether we know or had reason to know of your particular needs or use. No employee, agent,
dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties to you.
*** We do not warrant the accuracy of any data or searches. The search that the software performs is likely to produce
"false positives", and matching a "true positive" match is largely a function of accurate input from
the end-user. The functionality that you are paying for with this software is:
- a search mechanism to help identify POSSIBLE matches and
- an archival trail to prove that you complied in performing the search. You are responsible for the accuracy and reporting
of any potential matches to the appropriate governmental authority. Extreme care and diligence should be taken on your part
before relying on the data provided.
LIMITED REMEDY
Our entire liability and your exclusive remedy for breach of the foregoing limited warranty shall be, at our option, to
either:
- return the fees you have paid to us since the date you notify us of a breach of the aforesaid limited warranty and to
terminate this Eula, or
- repair or replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy
of your receipt.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PERSON FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED
DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) OR FOR ANY CLAIM BY ANY OTHER PERSON.
TERM AND TERMINATION
This license agreement takes effect upon clicking the "I have read and agree to the terms and conditions" checkbox
and shall remain in effect until terminated. You may terminate this agreement at any time by destroying all copies of the
Software and Documentation in your possession and giving us notice that you have done this. It will also automatically terminate
if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to
destroy all copies of the Software and Documentation in your possession.We may terminate this agreement without cause upon
at least thirty (30) days prior notice to you.
CONFIDENTIALITY
The Software contains trade secrets and proprietary know-how which is owned by us and which is being made available to you
in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN
IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
GENERAL PROVISIONS
- This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation
and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
- This license agreement may be modified only by a writing signed by you and us.
- If you default under this agreement, you shall reimburse us our reasonable attorney fees and costs, regardless of whether
litigation is filed.
- This license agreement is governed by and shall be interpreted pursuant to the laws of the State of Illinois and the United
States of America.
- You agree that the Software shall not be shipped, transferred or exported into any country or used in any manner prohibited
by the United States Export Administration Act or any other export laws, restrictions or regulations.
- In the event any litigation is filed by you or us concerning any aspect of this agreement, venue shall be proper only
in the County Court of San Diego, California, and you agree to submit to the jurisdiction of such Court. BOTH PARTIES IRREVOCABLY
WAIVE THE RIGHT TO A TRIAL BY JURY CONCERNING ANY ASPECT OF THIS AGREEMENT.
- Notice for purposes of this agreement from either of us to the other may only be given by certified mail return receipt
requested, facsimile or by internet access.
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