License Agreement for Personal Property Pro (‘PPP’ or ‘SOFTWARE’) issued by TorqueWare, Inc. (‘TorqueWare’).
BY INSTALLING OR USING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY RETURN THIS SOFTWARE. THE TERM "SOFTWARE" IN THIS AGREEMENT INCLUDES COMPUTER PROGRAMS AND RELATED DOCUMENTATION AND ANY UPDATES SUBSEQUENTLY PROVIDED BY PPP.
Use of SOFTWARE: The SOFTWARE is copyrighted by TorqueWare, Inc. of Tulsa Oklahoma and contains proprietary information protected by law. Ownership of and title to all SOFTWARE and all copies thereof, including associated intellectual property rights, are and shall remain with TorqueWare, Inc. or its suppliers.
(1) TorqueWare grants you limited rights to use the SOFTWARE solely for your personal use or internal business purposes.
(2) No unauthorized copying of the SOFTWARE, making the SOFTWARE available to third parties, or attempting to commercialize the SOFTWARE is permitted.
(3) You may not use, modify, or transfer the program, or any copy, in whole or in part, except as expressly permitted by this Agreement. Reverse engineering, decompiling, disassembling the object code, and creating derivative works based on the SOFTWARE are prohibited.
(4) If this License Agreement is terminated for any reason, you agree to return or destroy all copies of the SOFTWARE and associated documentation in the same condition as received (normal wear and tear excepted), to erase all SOFTWARE from your systems, and to certify compliance upon request.
(5) You acknowledge the SOFTWARE is subject to United States export laws and regulations and agree you will not use, distribute, transfer, or transmit the SOFTWARE or technical information except in full compliance with the United States export regulations.
(6) You agree that your rights under this Agreement are personal and non-exclusive and may not be assigned or otherwise transferred. Violation of any of the above provisions will automatically terminate this Agreement.
(7) A SOFTWARE license provides you the use of the SOFTWARE for a period of one (1) tax year. A subsequent annual license renewal is required for the software to continue to operate.
TRIAL VERSION: You have been given an option when first obtaining a copy of this Software to try a trial version of this Software that allows you to use the Software for the trial period specified for the product. The trial version gives you the opportunity to use the Software on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. This "try before you buy" option is the ultimate opportunity for you to determine whether the Software will perform to your satisfaction. Therefore, you understand and agree that there is no refund policy for the purchase of the Software for any reason whatsoever, unless granted specifically by TorqueWare.
Warranty: TorqueWare warrants only that
(1) It shall have the right to enter into this license and
(2) That for ninety (90) days after delivery ("warranty period") the SOFTWARE will substantially perform in accordance with PPP's written specifications and documentation. If you notify TorqueWare during the warranty period of any defect, covered by this warranty, then TorqueWare will repair or replace the SOFTWARE. TorqueWare, Inc. will not be responsible for any defect caused by misuse, abuse, caused by third parties for which TorqueWare is not responsible, acts of God, or use not in accordance with PPP's documentation or this license. If TorqueWare cannot repair or replace the SOFTWARE, TorqueWare shall accept return of the SOFTWARE and refund the license fees paid by you.
(3)EXCEPT AS SPECIFICALLY SET FORTH HEREIN, TorqueWare, Inc. DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TORQUEWARE DOES NOT WARRANT THAT LICENSED SOFTWARE WILL RUN UNINTERRUPTED OR ERROR-FREE AND TORQUEWARE DOES NOT WARRANT AGAINST ANY ERRORS. You assume the entire risk as to the selection, results, and performance of the SOFTWARE and any and all damage or loss from use of, or inability to use the SOFTWARE. TORQUEWARE DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE ERROR FREE OR THAT ITS OPERATIONS WILL BE UNINTERUPTED. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY: TorqueWare, Inc. (INCLUDING HEREIN ITS AFFILIATES) SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR SPECIAL, INDIRECT, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS ARISING OUT OF THE PROVISION OF THE PRODUCTS, SOFTWARE OR SERVICES OR IN ANY WAY ARISING OUT OF THIS AGREEMENT, WHETHER IN AN ACTION ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, DELAY, NEGLIGENCE, STRICT TORT LIABILITY, OR ANY OTHER THEORY. IN NO EVENT SHALL TorqueWare’s LIABILITY ARISING OUT OF OR BASED UPON THIS AGREEMENT REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, INCLUDING WITHOUT LIMITATION, ANY ACTION IN TORT OR CONTRACT, EXCEED $100 REGARDLESS OF ANY AND ALL FEES PAID TO TorqueWare, Inc. PURSUANT TO THIS AGREEMENT.
ACCURACY OF RETURNS AND REPORTS: You are responsible for the accuracy of all county rendition returns filed, transmittal and extension letters created, and all reports you create with PPP, including but not limited to all of its calculations and forms used for filing, and all of the addresses for all county assessor or appraisal districts. You acknowledge that you are responsible for verifying all returns and reports and mailing addresses before submitting them to any county, state, client, or any other such place these returns or reports are accounted for.
Other:
1) PPP Software is based on a client server model. The software being installed is known as the 'client' application. At times, the client will contact the PPP server and will upload and download information about the client. Some tasks will include registration verification, software update checks and the updating of the PPP rule sets. By installing this application you agree to allow the PPP Client software and the remote server to communicate with each other for the purpose of information exchange. PPP Software may distribute updates or new versions of the Software, but it reserves the right at any time not to release updates or new versions of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the release dates.
2) While every effort has been made to approve county rendition forms created by PPP with the respective States and/or Counties supported by PPP, you are responsible for verifying the final acceptance and legality of all forms for all counties in all states, and agree to waive any and all liability against TorqueWare, Inc. for any return created by PPP that is filed in any county in any state.
3) PPP provides the option to print an 'Oklahoma County' version of Form 901 for Oklahoma county returns which differs slightly from the Oklahoma Tax Commission form 901. Oklahoma County has always accepted our version of their form in prior years. You waive any and all liability against TorqueWare, Inc. when using this form. If you have any questions you should contact Oklahoma County before filing this form.
4) USE OF NAME. TorqueWare and its Authorized Distributors reserve the right to use the name of users of this SOFTWARE in marketing and promotional purposes unless we have received written notification otherwise. Upon receipt of written notification to terminate use of name, TorqueWare will have reasonable time to remove such use from materials. Marketing and promotions can include but is not limited to being listed online, in printed or electronic media such as PDF files, CDs, DVDs or other means including telephone or in person. Unless you have provided us a testimonial, we will not say that your company endorses PPP, but rather that you have simply purchased a license of PPP.
5) After you register a licensed copy of Personal Property Pro, the program will run for a period of approximately one year, after which time you will need to purchase and register a new license for the current tax year. If a new license is not obtained and registered, the program will shut down since the forms and calculations may be outdated.
6) TorqueWare does not provide any services or utilities for data-exporting or data-dumping other than the reports currently generated by the Software.
U.S. Government Rights: If you are obtaining SOFTWARE on behalf of any part of the United States Government, the SOFTWARE shall be deemed "commercial SOFTWARE" and "commercial computer SOFTWARE documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the SOFTWARE shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT AND THAT BY INSTALLING OR USING THE SOFTWARE YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SOFTWARE OR THIS AGREEMENT.