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EULA - End User License Agreement



Before we begin:

We designed ThoughtOffice to be the most effective tool for helping you
* get and stay creative
* for solving big problems, and
* hand-off your idea to someone who can make a product from it.

We're a small company with a real passion for the creative process. It's a driving passion for us.

With that in mind, the license agreement below reflects our understanding of you and the market in general: you need to be creative at work, where you get paid. You need to be able to take your ideas, and your idea-development tools with you. And most of you have an office at home that you frequent. Having your software handy there makes sense.

So if you skip to page 2 of this agreement, we provide you a solution to all three. As long as you're the user of the program, we think that's fair.

Now, if you need more seats than that, we have some great price breaks and multi-user agreements that give you discounts. You can effectively load more than 10,000 machines with ThoughtOffice, all cranking out creative solutions and solving problems. Imagine the power of everyone in your office tapping the fast-growing databases that make up ThoughtOffice... or grabbing intelligent processes and lines of thinking to help accelerate and improve a solution, make a killer client presentation, create the next great product.

So, with that in mind, we hope you find this license usable. And if you need something more, please contact us at www.ThoughtOffice.com or 360-450-6888.

To your creative success,
Mark Alan Effinger
CEO / Chief Evangelist
ThoughtOffice Corporation.

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ThoughtOffice Corporation LICENSE AGREEMENT AND WARRANTY DISCLAIMER

License for a ThoughtOffice Corporation software product and all associated files, including installer archive and all related documentation {"Software Product"}

IMPORTANT -- READ CAREFULLY: By using the Software Product; or if applicable, by clicking the "I Agree" button in the installer archive or Software Product, you agree to be and are hereby bound by the terms of this License Agreement {"Agreement"}. If you do not accept the terms of this License Agreement: {if applicable} you must not press the "I Agree" button in the installer archive or Software Product; you must not use the Software Product; and you must immediately destroy all copies of the Software Product, including the installer archive and any copies of it.

1. GRANT OF LICENSE:

a} ThoughtOffice Corporation hereby grants you a non-exclusive non-transferable license to use the Software Product subject to the terms set out in this Agreement:

b} You may not resell, rent, lease or otherwise transfer rights to the Software Product for any financial gain or remove any proprietary notices or labels on the Software Product.

c} A single ThoughtOffice software application and its accompanying license code may be installed on up to three {3} computing devices as long as those computing devices are operated by the licensee and defined as stated below:
i. On the Primary Licensee's main {business} computer.
ii. On the Primary Licensee's portable computer {eg. laptop}.
iii. On the Primary Licensee's home computer.

Any distribution or use outside of the Grant of License {1. GRANT OF LICENSE} above is in violation of this agreement and subject to Termination and Governing Law.

2. TITLE

a} Title, ownership, rights, and intellectual property rights in and to the Software Product and all related documentation shall remain with ThoughtOffice Corporation. The Software Product is protected by the copyright laws of the United States of America and international copyright treaties. Portions of the Software Product are the copyright of MetaCard Corporation, and are protected by the copyright laws of the United States and international copyright treaties. Portions of the Software Product are the copyright of Runtime Revolution Limited, and are protected by the copyright laws of the United Kingdom and international copyright treaties. For the purposes of this license "intellectual property rights" means any and all patents, copyright, registered or unregistered design rights, trademarks, trade names, know-how, database rights or other intellectual property rights.

3. DISCLAIMER OF WARRANTY

a} THE TOTAL LIABILITY WHICH THOUGHTOFFICE CORPORATION OWES TO YOU IN RESPECT OF BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE SHALL BE LIMITED TO THE SUM PAID FOR THE SOFTWARE PRODUCT;

b} THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THOUGHTOFFICE CORPORATION FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS;

c} THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THOUGHTOFFICE CORPORATION BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER {INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS} ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF THOUGHTOFFICE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;

4. TERMINATION

a} This license shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required from ThoughtOffice Corporation to effectuate such termination. On termination you must destroy all copies of the Software Product including the installer archive and any copies of it therewith. However, such termination does not prejudice the right of ThoughtOffice Corporation to obtain injunctive, equitable or any other relief in the event of such a breach.

5. GOVERNING LAW

a} This License shall be governed by the laws of Washington State and the United States of America and in the event of any dispute the parties agree to submit to the non-exclusive jurisdiction of the USA courts.

6. ENTIRE AGREEMENT

a} This License constitutes the entire agreement between ThoughtOffice Corporation and you with respect to the subject matter hereof and with the exception of any fraudulent or negligent misrepresentations supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. The only exception to this is any explicit terms you may have agreed to before downloading the package from our web site, or any other supplementary terms made clear by us prior to your agreeing to this agreement. Any such terms will form part of this agreement. This License may not be modified except in a writing duly signed by an authorized representative of ThoughtOffice Corporation and you.



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Users Rating:  
  3.0/5     2
Downloads: 170
Updated At: 2024-03-19
Publisher: ThoughtOffice Corp.
Operating System: mac, windows
License Type: Free Trial