Single User (Home User) License Agreement

For NotesMedic™/NotesMedic Pro™/NotesMedic Toolkit™

 

 

This Cassetica Software, Incorporated ("Cassetica Software") Single User License Agreement (the “Agreement”) accompanies the Cassetica Software NotesMedic™/NotesMedic Pro™/NotesMedic Toolkit™ product and related explanatory materials (collectively, the “Software”), as well as any upgrades, modified versions or updates of the Software that Cassetica Software may make available from time to time.  Please read this Agreement carefully.  By downloading, installing, copying or using the Software you affirmatively accept the terms of this Agreement and represent that your use of the Software is consistent with the conditions contained herein.

 

 

SCOPE OF LICENSE

 

Upon your acceptance of this Agreement, Cassetica Software grants to you a nonexclusive, nontransferable license to download and install the Software, including any upgrades, modified versions or updates of the Software that Cassetica Software may make available from time to time, EXCLUSIVELY FOR YOUR HOME USE.

 

 

GRANT OF LICENSE

 

This is a legal Agreement between you and Cassetica Software.  The terms of this Agreement govern your use of the Software.  By downloading and/or installing the Software, you agree to be bound by the terms of this Agreement.  If you do not agree to the terms of this Agreement, all copies of the Software that you previously downloaded or installed must be erased.

 

 

USE OF THE SOFTWARE

 

NotesMedic™/NotesMedic Pro™/NotesMedic Toolkit™ is free for HOME USERS only.  This Agreement does not authorize you to download the Software while on a corporate network, download the Software using a corporate email address, or use the Software on a corporate computer.  Any unauthorized downloading, installation, use or copying of the Software, or use at a company or on a corporate computer, is strictly prohibited by this Agreement and by United States copyright law.  Should you intend to use the Software in any manner other than as a home user, you agree to purchase the NotesMedic™/NotesMedic Pro™/NotesMedic Toolkit™ Enterprise License Agreement and Maintenance/Technical Support Subscription or Global License Agreement and Maintenance/Technical Support Subscription, as your intended use dictates, prior to downloading, installing or using the Software. 

 

In order to download and install any upgrades, modified versions or updates of the Software, you must possess a valid license for the existing Software version for which the upgraded, modified or updated software is sought. All updates are provided to you on a license exchange basis. You agree that by downloading or installing an update you voluntarily terminate your right to use any previous version of the Software.  

 

 

AUTO-UPDATES

 

The Software's auto-update processes transmit a limited amount of data to Cassetica Software in order to enable Cassetica Software to assess respective file versions for possible replacements, and to assess the validity of the respective installations.

   

 

INTELLECTUAL PROPERTY RIGHTS

 

All rights in the Software are owned by Cassetica Software, including, but not limited to, all copyright and trade secret rights in the source code of the Software and all trademark rights in the names NotesMedic™, NotesMedic Pro™ and NotesMedic Toolkit™.  This Agreement should not be construed as a grant or license of any of Cassetica Software’s rights in the Software.

 

 

RESTRICTIONS

 

You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may not otherwise alter or modify the installer program or create a new installer for the Software.

 

 

DISCLAIMER OF WARRANTY

 

The Software is being delivered to you “as is” and Cassetica Software makes no warranty as to its use, performance or security.  Cassetica Software does not and cannot warrant the performance or results you may obtain by using the Software.  Cassetica Software makes no warranties, express or implied, as to non-infringement of third party rights, merchantability, or fitness for any particular purpose.  In no event will Cassetica Software or its suppliers be liable to you for any consequential, incidental or special damages, including any lost profits or lost savings, even if a Cassetica Software representative has been advised of the possibility of such damages, or for any claim by any third party. 

 

 

GOVERNING LAW AND GENERAL PROVISIONS

 

This Agreement shall be governed exclusively by the laws of the State of Illinois, U.S.A., including its conflicts of law rules.  This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.  If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.  In the event that a legal dispute arises regarding the obligations imposed in this Agreement, including but not limited to any alleged violation by you of Cassetica Software’s copyrights in the Software, you agree that exclusive venue and jurisdiction for such dispute shall lie solely in the state and federal courts located in Cook County, Illinois, U.S.A.  You agree that the Software will 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.  This Agreement shall automatically terminate upon failure by you to comply with its terms.  This Agreement may only be modified in a writing signed by an authorized officer of Cassetica Software.

 

 

NOTICE TO GOVERNMENT END USERS

 

The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

 

 

TERMINATION

 

Your rights under this Agreement may be terminated by Cassetica Software immediately and without notice if you fail to comply with any term or condition of this Agreement or no longer consent to receipt of electronic communications.  Upon such termination, you must immediately cease using the Software and any related service, and delete or destroy all complete and partial copies of the Software, including all backup copies.  Any termination of this Agreement shall not affect Cassetica Software’s rights hereunder.  Cassetica Software shall have the right to change or add to the terms of this Agreement at any time (provided that it is not Cassetica Software's intent that such change substantially affect the license rights granted to you herein), and to change, delete, discontinue, or impose conditions on any feature or aspect of the Software or related services (including internet based services, pricing, technical support options, and other product-related policies) upon notice by any means Cassetica Software determines in its discretion to be reasonable, including email notification or posting information concerning any such change, addition, deletion, discontinuance or conditions in the Software on any Cassetica Software sponsored web site, including www.casseticasoftware.com.  

 

 

CONTACTS

 

Web:         http://www.casseticasoftware.com

Email:       support@casseticasoftware.com

Voice:       800.380.8719

Fax:         312.546.3668