End User License Agreement
FundRaiser Software (“FundRaiser”) grants a license for the use of the FundRaiser product to Licensee upon the condition that all of the terms contained in this License Agreement ("Agreement") are accepted.
Grant of license
License to Use - Licensee is granted for either a trial period or perpetually as the case may be, a non-exclusive and non-transferable license ("License") to use the accompanying software in machine-readable form, together with accompanying documentation ("Software"), solely for their lawful use. No license is granted to Customer for any other purpose. Customer shall not distribute the Software, in whole or in part, to any third party.
Organizational License - In addition FundRaiser grants the Licensee permission to install the software on as many PC's as required to support the organization which purchased the software. However the number of simultaneous usages of the software is determined by the number of users specified at time of purchase.
Restricted Use - The Licensee may only use this Software for the organization which originally purchased the software. The rights granted here may not be transferred to another organization except with the express written permission of FundRaiser. The Licensee may make copies of the software for backup purposes or to use on other machines within the organization. At no time may the Licensee distribute or sell a copy of the software to another organization for ongoing usage.
Remote Access
It is illegal to use the Advantage Local Server with an application server product to access the database on behalf of remote computers. If you intend to remotely access FundRaiser Select or Professional using an application server like Citrix or Terminal Services you must purchase the Client/Server option which provides the legal access necessary to service the remote computer.
Software Ownership/Intellectual Property
This license is NOT a sale of the Software, Intellectual Property nor a waiver of the rights of FundRaiser under the U.S. copyright laws or any other Federal, State or applicable laws. The Software in source code form remains a confidential trade secret of FundRaiser, and this License does not give any rights to reverse engineer, decipher, decompile, modify or disassemble the Software, incorporate the software into any other product or develop derivative works of the Software.
Confidentiality
Licensee shall not disclose or use any Confidential Information except as expressly permitted under this Agreement. Licensee shall hold all Confidential Information in confidence during the term of this Agreement and for a period of three (3) years after the termination of this Agreement. Licensee shall take all reasonable steps to ensure that confidential Information is not disclosed or distributed by its employees or agents to third parties who are not subject in writing to the confidentiality obligations of this agreement.
Limited Warranty
FundRaiser warrants that for a period of ninety (90) days the media on which the software is furnished, if any, will be free of defects in materials and workmanship under normal use. Otherwise, the Software is provided "AS IS" without a warranty of any kind. This limited warranty extends only to the original Licensee. Licensee's exclusive remedy and Vendor's entire liability under this limited warranty will be the correction of defects in media or replacement of media, if any, or refunding the amount of the program purchase. FundRaiser does not warrant that the software will operate in combinations other than as specified in any accompanying documentation, or that the operation of the software will be uninterrupted or error-free. Disclaimer of Warranty - EXCEPT AS SPECIFIED IN THIS LICENSE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL FUNDRAISER OR ANY OR ALL OF ITS VENDORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF FUNDRAISER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall FundRaiser's liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the license fee paid by Customer for Software. The foregoing limitations shall apply even if the above stated warranty fails of its essential purpose.
Termination
This License will remain in effect for as long as the Licensee continues to use this program. The Licensee may terminate this license at any time by ceasing to use the program, and destroying all copes of the Software. This License will terminate immediately without notice if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software.
Updates
This license only applies to the original software which was delivered. This license does not entitle the customer to updates or upgrades to the software. Product Updates are available from FundRaiser for an extra annual fee.
Lawful Use
This software is licensed to the Licensee for their lawful uses only. Any illegal or terrorist activities that are engaged in supported by this software are strictly forbidden. FundRaiser shall not be held responsible nor have any claim of liability for any illegal acts performed by Licensee that may have been supported by the Software.
Government Restricted Rights
If Customer is acquiring Software including accompanying documentation on behalf of the U.S. Government, the following provisions apply. If Software is supplied to the Department of Defense ("DOD"), Software is subject to "Restricted Rights", as that term is defined in the DOD Supplement to the Federal Acquisition Regulations ("DFAR") in paragraphs DFAR 252.227-7015(b)(6/95) and DFAR 227.7202-3(a). If Software is supplied to any unit or agency of the United States Government other than DOD, the Government's rights in Software will be as defined in paragraphs 52.227-14(g)(2)(6/87) and 52.227-19(6/87) of the Federal Acquisition Regulations ("FAR"). Use, duplication, reproduction or disclosure by the Government is subject to such restrictions or successor provisions.
Governing Law
This agreement and any dispute arising from or relating to the performance or breach hereof shall be governed by and construed and enforced in accordance with the laws of Howell County in the State of Missouri, U.S.A. without reference to conflicts of laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods.
Severability - If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in Vendor's opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or liabilities of Vendor or its licensors, Vendor reserves the right to terminate the License and refund the fee paid by Customer as Customer's sole and exclusive remedy.
By installing this software, I acknowledge that I have read and fully understand the foregoing information and agree to abide by its terms and conditions.