END-USER LICENSE AGREEMENT (EULA) FOR MANAGEMENT EVOLUTION, LLC SOFTWARE.
TERMS AND CONDITIONS.
Please read the following Terms and Conditions before you place an order and use Management Evolution, LLC software. By ordering and using Management Evolution, LLC software products, you agree to follow and be bound by these Terms and Conditions. If you do not agree by these Terms and Conditions, do not place an order to Management Evolution, LLC.
Placement of an order indicates your acceptance of the Terms and Conditions set forth below. Management Evolution, LLC reserves the right to make changes to these terms and conditions at any time without notice to you. Management Evolution, LLC owns the Web site www.mgtevolution.com as well as the software products and reserve the right, at its discretion, to modify these Terms and Conditions at any time and any such modification will be effective immediately upon posting the modification. You should check these Terms and Conditions periodically for modifications. If you use the software after we post modifications to the software, Web site or these Terms and Conditions, then you will be bound by such modifications.
These Terms and Conditions are in addition to any other agreements between you and Management Evolution, LLC, including any other agreements that govern your use of products, services, and information available on the Web site.
1. LICENSE.
The business analysis software of Management Evolution, LLC is licensed, not sold. Management Evolution, LLC license to you, either an individual or entity, a limited, nonexclusive, nontransferable license to use one copy of the software program, collectively, for your own personal or business purpose on a single computer, whether a standard computer or a working station of a multi-user network. The software is in use on a computer when it is loaded into temporary memory RAM or installed into a permanent memory HARD DISK, USB flash drive, or other storage device. Management Evolution, LLC reserves all rights not expressly granted herein.
2. LICENSE FEE.
USD 3,000.00 (Three Thousand U.S. Dollars) plus sales tax, shipping and handling. License fee allows the use of the software for a term not greater than one year from the date of purchase or 365 allowed number of openings. Whichever of the two events occurs first. All payments must be made in U.S. Dollars. Management Evolution, LLC accepts payments with certain credit cards shown in its Web site. Payments made with check or money order, should be payable to Management Evolution, LLC, and sent to: 520 7th St W.# 1435 Palmetto, FL. 34220. USA. Cash is not accepted. If for any reason you are not completely satisfied with the product, simply return it for a prompt refund within 30 days after purchase date. Prices set by Management Evolution, LLC are subject to change at any time. We reserve the right to modify and / or reproduce the product when you pay for a license fee. The product is sold “as is”. No warranty or fitness is express or implied. The cost of delivery is included in the license fee, when cost is not over USD 50.00 U.S. Dollars. Additional cost will be charged and paid by the customer.
For delivery of any order outside of US territory, all costs and expenses will be charged and paid by the customer.
3. PRODUCT DELIVERY.
Management Evolution, LLC can not ship products to P.O. Boxes. Each product is delivered to fill the customer specific order. Consequently, after your 30 days trial from purchase date, requests for refunds cannot be honored, orders cannot be cancelle, and products can not be exchanged for any reason. After payment is received by Management Evolution, LLC, the software will be delivered to the customer shipping address. Correct shipping and email address is very important for your product delivery. Please verify that you have entered the correct address.
4. REQUIREMENTS TO USE THE SOFTWARE.
To use the software of Management Evolution, LLC you need:
4.1 The USB flash drive containing the software provided by Management Evolution, LLC.
4.2 Microsoft Excel 2013 functioning in your personal computer.
4.3 USB connection port in your computer.
5. OWNERSHIP.
Management Evolution, LLC is the owner of all rights, title, and interest, including copyright, and all proprietary rights of the software recorded on the USB memory flash drive, disk/s, CD-ROM or any other device.
6. RESTRICTIONS ON USE AND TRANSFER.
6.1 You may only use the software with the USB flash drive provided by Management Evolution, LLC until the expiration date for a term not greater than one year from the date of purchase or 365 allowed number of openings. Whichever of the two events occurs first.
6.2 You may use the software by loading a password and activating the Product Key Code provided by Management Evolution, LLC.
6.3 You may not give, sell, resell, license, sublicense, rent, lease, lend or transfer this software or its content to Third parties.
6.4 You may not copy or reproduce the software through any systems.
6.5 You may not redistribute this software, in original or modified form under any circumstances.
6.6 You may not modify, adapt, or create derivative works based on this software.
6.7 You may not reverse engineer, decompile, or disassemble the software.
6.8 You may not transfer the software and user documentation.
6.9 Management Evolution, LLC may update or make changes to the software anytime. However, does not grant you any automatic right to receive any update or any changed version.
6.10 You may print out a hard copy report for your personal reference, provided that you agree not to remove any copyright or other notices contained therein.
6.11 Under this license agreement, you may not use the software to provide financial analysis or any type of work for businesses in which you or members of your immediate family do not hold an ownership interest.
6.12 By using this software, you are agreeing to abide by this license.
7. WARRANTY.
7.1 No warranty or fitness is expressed or implied with respect to this software or publication. The software and information is provided to you “as is” basis without warranty of any kind, whether expressed, implied, statutory, or otherwise. Management Evolution, LLC, its officers, directors, representatives, employees, agents, the publisher, author, retailer and distributor shall have neither responsibility to any person or entity, with respect to any loss or damage caused or alleged to be caused directly or indirectly by the use (or attempted use) of this software. Use of the software constitutes acceptance of these terms. Management Evolution, LLC assumes no responsibility for errors or omissions that may appear in this software or publication.
7.2 This product is intended for informational use only. It is not a substitute for professional advice or other expert assistance. If professional advice or other expert assistance is required, the services of a competent professional person should be sought. Always consult your accountant and business law / tax attorney, before taking any action related to your business.
7.3 Management Evolution, LLC reserves the right to make changes or updates to this software or publication at any time, but does not grant you any automatic right to receive any update.
7.4 Management Evolution, LLC does not warrant that the functions contained in the software will meet your requirements or that the operation of the software will be error free.
7.5 Under no event shall Management Evolution, LLC, its officers, directors, representatives, employees, agents, the publisher, author, retailers and distributors be liable for any damages whatsoever, including without limitation damages for loss of business profits, business interruptions, loss of business information, or any other pecuniary loss, arising from the use of or inability to use this software or publication, even if Management Evolution, LLC has been advised of the possibility of such damages.
7.6 Management Evolution, LLC is not responsible for the accuracy of the information of reports.
7.7 Your company should operate in a safe and legal manner at all times, using your best judgment or professional advise. Management Evolution, does not provide recommendations or offer investment or advice of any kind. Management Evolution, LLC provides its products for information. Although Management Evolution, LLC software may provide information and content related to financial management approaches and opportunities to improve profits and cash flows and other management tools, you should not construe the software product and any such information as an investment, financial, tax, legal or other advice. You alone bear the sole responsibility of evaluating the merits and risks associated with the use of the software, data, information or content of the software product. In exchange for using the software, data, information or content, you agree not to hold Management Evolution, LLC its officers, directors, representatives, employees, agents, the publisher, author, retailers and distributors or its Third party providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the software product.
7.8 When making financial analysis, forecasts or projections use a conservative approach for safety.
7.9 The software is designed to interpret your accounting data or financial reports that you load into the system, to diagnose cost problems and provide tactical solutions. However, it is not a replacement for management attentiveness, good judgment or professional advise.
7.10 Do not follow a suggested solution by the system if they suggest an unsafe or illegal action or would place the business in an unsafe situation.
7.11 Store your USB in a safe place. You will not be able to use the software unless using the USB provided by Management Evolution, LLC.
7.12 This product is intended to be used only as a management aid and must not be used for any purpose requiring precise calculations or reports. Management Evolution, LLC makes no warranty as to the accuracy or completeness of the calculations or reports provided.
7.13 If you forget your product key code, you can send an e-mail to Management Evolution, LLC with valid proof of purchase and product serial number.
7.14 It is specifically understood that no result is guaranteed from the use of any product or any service provided by Management Evolution, LLC. The products or services, prices and costs provided by Management Evolution, LLC are not contingent upon the outcome or occurrence of any event.
7.15 Management Evolution, LLC does not warrant that the use or operation of this Product will be error free, not does it warrant that any data stored on the Product will remain accessible or uncorrupted.
8. TERMINATION.
The purchase of the software license fee allows the use of the software for a term not greater than one year or 365 allowed numbers of openings. Whichever of the two events occurs first. The software provided by Management Evolution, LLC shall show the expiration date and the allowed numbers of openings.
9. DISCLAIMERS.
You expressly understand and agree that: your use of the Management Evolution, LLC software or services is provided on “AS IS” and “AS AVAILABLE” basis. To the full extent permitted under applicable law, Management Evolution, LLC expressly disclaims all warranties of any kind with respect to its products or services available through the Web site or any other form, whether express or implied. Management Evolution, LLC makes no warranty that:
9.1 The software products or services will meet your requirements;
9.2 The software products or services will be uninterrupted, timely, secure or free of viruses, errors, worms, date bombs, time bombs or other harmful components;
9.3 The results that may be obtained from the use of the software products or services will be accurate or reliable;
9.4 The quality of any products, services, information or other material purchased or obtained by you through the Web site, software products or services will meet your expectations;
9.5 Any errors on the products or services will be corrected; and
9.6 The data and materials presented or displayed on the products or services are correct, accurate or reliable. Any content or data downloaded or otherwise obtained through the Web site, use of the products or services is done at your own risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such content.
You agree that Management Evolution, LLC its officers, directors, representatives, employees, agents, the publisher, author, retailers and distributors or any party engaged in providing products or services of Management Evolution, LLC shall not be responsible or liable for any damages caused by theft, unauthorized access, system failure, communications line failure, software or hardware failures of any kind, errors or other occurrences.
No advise or information, whether written or oral, whether obtained by you from Management Evolution, LLC its officers, directors, representatives, employees, agents, the publisher, author, retailers and distributors shall create any warranty. Management Evolution, LLC its officers, directors, representatives, employees, agents, the publisher, author, retailer and distributor will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, revenue, income, good will, use, data, or any intangible losses (even if Management Evolution, LLC its officers, directors, representatives, employees, agents, the publisher, author, retailers and distributors have been advised of the possibility of such damages), resulting from:
1. The use or inability to use the software products or services;
2. The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or the Web site, products or services;
3. Access to your copy of the software, transmissions or data due to your conduct, inaction or negligence;
4. Statements or conduct of any Third party; or
5. Any other matter relating to the Web site, products or services of Management Evolution, LLC.
10. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Management Evolution, LLC its officers, directors, representatives, employees, agents, the publisher, author, retailers and distributors, from against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs, arising out of or in any way connected with your access to or use of the software, or any product or services of Management Evolution, LLC.
11. INTEGRATION AND SEVERABILITY.
If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions represent the entire agreement between Management Evolution, LLC and the user relating to the subject matter herein.
12. APPLICABLE LAW AND VENUE.
Unless otherwise specified, Management Evolution, LLC controls and operates its business from our offices within the State of Florida, United States of America. Management Evolution, LLC does not claim that its products or services are appropriate or available in locations other than the United States of America. If you choose to purchase and use the products or services of Management Evolution, LLC you do so on your own initiative and you are responsible for compliance with any applicable local laws, as set forth above. By using the Management Evolution, LLC products or services, you agree that the laws of the State of Florida, United States of America, without regards to principles of conflict laws, will govern these Terms and Conditions and any dispute or any sort that might arise between you and Management Evolution, LLC. If you take legal action relating to these Terms and Conditions, you agree to file such action only in the State of Florida, United States of America.
13. GENERAL.
This agreement constitutes the entire understanding of the parties and revokes and supersedes all prior agreements, oral or written, between them and may not be modified or amended except in writing signed by both parties hereto that specifically refers to this agreement. The product is sold “as is”. No warranty or fitness is expressed or implied. Management Evolution, LLC does no make any representation or warranty to a probable outcome of the use of its software products or services. No results are guaranteed in any way, shape or form. This agreement shall take precedence over any other documents that may be in conflict herewith. If any or more provisions contained in this agreement are held by any court or tribunal to be invalid, illegal or otherwise unenforceable, each and every other provision shall remain in full force and effect. Your placement of an order and use of this software indicates your acceptance to all the terms and conditions contained in this agreement.