LugCalc™ End User License Agreement (EULA)

LugCalc™ SINGLE LICENSE End User License Agreement (EULA)
© 2010-2016 www.lugcalc.com

DEFINITIONS
“We” and “website” means www.lugcalc.com.
“You” and “Your” means the user.
“Software” and “LugCalc™ application” means the LugCalc™ software package to include all files, folders, documentation, executables, installer, and dynamic link libraries.

END USER LICENSE AGREEMENT (EULA)

LICENSE GRANT
We grant you one license to install and use this software on one computer. You may create backups to the software but do not circulate/distribute them in public or private. If you do not agree to the following terms of this license, please uninstall and remove all copies of the software within 14 days of your purchase for a proportionate refund. A refund processing fee of $50 is subtracted from all refunds.

You may not use the software on a network where multiple users are accessing the software on a single computer. If the software is used as a shared network resource, a network license must be purchased. You may not use the software for illegal purposes. The software is licensed as a single product and its components are not to be separated for use on more than one computer.

You may install and use the software on another computer, but the software must be de-activated on the previous computer and may not be in use on more than one computer at a time unless you purchase additional licenses. You may make back-up copies of the software for archival purposes. You may not permanently transfer or sell your license to use the software to another party. The license to use the software is subscription based. The subscription period is 12 months. Access to the software will be automatically terminated for non-payment of subscription fees (see PAYMENT).

The software is protected by the copyright laws of the U.S. and other countries, and we retain all intellectual property rights in the software. You may not separately publish, sell, market, distribute, lend, lease, rent, reverse engineer, disassemble, or sub-license the software code including the license key. However, this license is not to be construed as prohibiting or limiting any fair use sanctioned by copyright law, such as permitted library and classroom usage.

“AS IS” WARRANTY
This software is provided “as is”. We do not warrant the software will provide the results, features, and functions generally described in the product specification on our website when you obtained it and in the product documentation. We do not warrant the software will be compatible with your computer system.

We have taken reasonable steps to keep the software free of viruses, spyware, "back door" entrances, or any other harmful code. The software does require connection to the internet every 30 days to perform a license verification. The software will not collect personally identifiable information about you. The software does collect anonymous usage data to support product improvement except in locations where this is prohibited. The software will not download or install patches, upgrades, or any third party software without getting your permission. We reserve the right to terminate access to the software and licensing at any time.

We do not warrant that the software or your ability to use it will be uninterrupted or error-free. To the extent permitted by applicable law, we disclaim any implied warranty of merchantability or fitness for a particular purpose.

LIMITATIONS ON LIABILITY
We are not liable to you or any other person or entity claiming through you any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Your exclusive remedy under the above limited warranty shall be, at our option, either a full refund of the purchase price or correction of the defective software. To the fullest extent permitted by applicable law, we disclaim all liability for indirect or consequential damages that arise under this license agreement.

EMBEDDED SOFTWARE
Part of the software embedded in this product is Nalpeiron software. Portions created by Nalpeiron are Copyright (C) Nalpeiron Inc. All Rights Reserved.

The software in this product was in part provided by Nalpeiron Inc and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the author be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.

SUPPORT AND MAINTENANCE
We do not provide support services for users of the software. You are responsible for your own support. We may provide maintenance of the software in the form of updates released at our discretion.

PAYMENT
You will be charged every 12 months the amount published on www.lugcalc.com website. The date used for recurring payment will be 12 months from the last date you were charged. All charges will be automatic. Fees charged subject to change at any time.
You will not be charged for the free trial version of the software.

TERMINATION OF AGREEMENT
This agreement is effective until you fail to comply with the terms and conditions in this agreement or we decide to terminate the agreement with or without cause.

GENERAL PROVISIONS
If any part of this agreement is found to be invalid or unenforceable, the remaining terms will stay in effect. This agreement does not prejudice the statutory rights of any party dealing as a consumer.

This agreement does not supersede any express warranties we made to you. Any modification to this agreement must be agreed to in writing by both parties.

This license agreement is pursuant to the laws of the State of Nevada and each party consents to the jurisdiction thereof. This license agreement is made within the exclusive jurisdiction of the United States of America and its jurisdiction will supersede any other jurisdiction of either party's election.

This agreement will apply from the date of the installation of the software.

If you do not agree to the terms and conditions made in this agreement, it is your responsibility to not install or use the software.

Please contact us by using the www.lugcalc.com contact page.