END-USER LICENSE AGREEMENT FOR Keep It SafeTM
1. This is an agreement between Licensor ("Ducks in a Row, Inc.", "we" or "us") and Licensee ("you" or "your"). When you accept and agree to the terms of this license, you will have permission to use the Keep It SafeTM software (the "Software") as described below.
2. You acknowledge that this is only a limited, nonexclusive license. Ducks in a Row, Inc., is and remains the owner of all titles, rights, and interests in the Software.
3. Once you have accepted and agreed to this license agreement and we have received your payment for the Software, then this License permits you to make two copies of the Software install package. We recommend that you put these copies on separate CDs or other removable media and store them safely and separately. You may install the Software on no more than three computer systems for use by your household.
4. Upon purchase of the Software, you will receive a Unique Copy Identifier (UCID), which may be needed to obtain the Software installation package from Ducks in a Row, Inc. You agree to take reasonable measures to prevent the distribution of the UCID except as specified in 5 below. Ducks in a Row, Inc., may invalidate the UCID at any time if it appears to have been improperly distributed.
5. Except for the backup copies authorized above, you may not make any other copies of the Software or allow copies of the Software to be made by others. If you want to delete all of your installed and principal and back up copies of the Software and then sell one CD to a friend, you may. A sale in such a manner will transfer this License to your friend. We recommend that you document both your deletion of other copies and the sale so as to avoid any problems for you or your friend regarding the transfer of this License. Should you transfer the license in this manner, you agree to make a reasonable effort to provide the UCID as well. You agree not to make personal use of the UCID once you have transferred the license.
6. You will not attempt to reverse engineer or decompile the Software, nor will you make any derivative work based on the Software.
7. If you lose the Software by "system crash" or other physical loss or damage to your system (such as by fire, flood, or tornado), we will replace the Software for free, providing you have a valid UCID. We reserve the right to request and receive proof of your loss prior to replacing the Software.
8. Nothing in this license agreement requires Ducks in a Row, Inc., to create a patch or provide future support for the software. If Ducks in a Row, Inc., decides in the future to create a patch for the Software, you can receive the patch for free.
9. This Software is provided "As Is," and, to the extent permitted by law, DUCKS IN A ROW, INC., DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No officer, employee, agent, or representative of Ducks in a Row, Inc., is authorized to make any warranties. Ducks in a Row, Inc., does not guarantee that the Software will work or that your system or existing software will continue to work after you have installed the Software.
10. BY ACCEPTING THIS LICENSE AGREEMENT, YOU UNDERSTAND AND AGREE THAT NOTWITHSTANDING THE FOREGOING, DUCKS IN A ROW, INC., IS NOT LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING FROM, CONNECTED WITH, OR IN ANY WAY RESULTING FROM THIS LICENSE AGREEMENT OR YOUR INSTALLATION OR USE OF THE SOFTWARE.
11. You agree to defend and indemnify Ducks in a Row, Inc., and hold it harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from your installation or use of the Software.
12. Ducks in a Row, Inc., has the right to terminate this License Agreement and your right to use this Software upon any material breach of this License Agreement by you.
13. Upon termination of this License you agree to destroy all copies of the Software, or return it to us.
14. This License Agreement is the entire and exclusive agreement between Ducks in a Row, Inc., and you regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Ducks in a Row, Inc., and you regarding this Software.
15. This License Agreement and any suits related to it or your use of the Software is governed by the laws of the State of New Mexico, but excluding its choice of law provisions. While we hope it never happens, in the event a legal dispute involving this License Agreement or your use of the Software arises, you hereby agree that the State and/or Federal Courts of New Mexico shall have personal jurisdiction over you, and further agree that venue will be proper solely and exclusively in the State or Federal courts of New Mexico.
16. This License Agreement is valid without Ducks in a Row, Inc.'s signature. It becomes effective upon the earlier of your purchase or use of the Software.