This Suntower Systems End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Suntower Systems for the Suntower Systems software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may, however, return it to Suntower Systems for a full refund.

Software License

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE. This EULA grants you the following rights: (Applications Software. You may install and use one copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, on a single computer. The primary user of the computer on which the SOFTWARE PRODUCT is installed may make a second copy for his or her exclusive use on
   1. (Storage/Network Use.) You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.
   2. (License Pak.) If you have acquired this EULA in a Suntower Systems License Pak, you may make the number of additional copies of the computer software portion of the SOFTWARE PRODUCT authorized on the printed copy of this EULA, and you may use each copy in the manner specified above. You are also entitled to make a corresponding number of secondary copies for portable computer use as specified above.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. (Limitations on Reverse Engineering, Decompilation, and Disassembly.) You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

   (Separation of Components.) The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

   (Rental.) You may not rent, lease, or lend the SOFTWARE PRODUCT.
   
   (Support Services.) Suntower Systems may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Suntower Systems policies and programs described in the user manual, in "online" documentation, and/or in other Suntower Systems-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Suntower Systems as part of the Support Services, Suntower Systems may use such information for its business purposes, including for product support and development. Suntower Systems will not utilize such technical information in a form that personally identifies you.
   
   (Software Transfer.) You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
   
   (Termination.) Without prejudice to any other rights, Suntower Systems may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Suntower Systems as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Suntower Systems or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Suntower Systems/P.O. Box 98570 Seattle, WA 98198-0570.
7. MISCELLANEOUS. This product is governed by the laws of the State of Washington. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the State of Washington and further agrees to commence any litigation which may arise hereunder in the courts located in King County in the State of Washington.
   as acquired outside the United States, then local law may apply.

Simple Accounting is protected under United States copyright law and international treaty. Copies may be made for backup purposes only. This software may be moved from one computer to another freely, however, it may not be used or exist on more than one computer, or by more than one person, at any time. For example, you are not licensed to have one copy for home use and one copy for office use.

FOR MULTI-USER MODE USERS

You are entitled to use this software on as many workstations as you like from a single server. You are not permitted to copy the software from the server to other workstations or operate the software on other machines independently of the licensed server. You must purchase individual copies of the software in order to use the software on other machines independent of the licensed server.

ONGOING MAINTENANCE REQUIREMENT

You to agree to pay an on-going maintenance and support fee in order to use Simple Accounting products. If you do not pay this fee when it is billed we have the right to cancel your license to use this software., If we cancel this license we have the option to disable your software from functioning. You retain ownership of your data files, however.

OTHER PROVISIONS

You may not copy this software electronically from one computer to another except as allowed under the conditions described above. You may transfer your rights to use the software to another person provided that you transfer to that person all software, diskettes and documentation provided in this package, including all existing copies of these. Once you have transferred the software, it may only exist and be used at the new location under the terms described above. You may not otherwise lease, rent, or lend the software, diskettes or documentation to others. Your use of the software is limited to acts that are essential steps in the use of the software on your computer or network as described in the documentation. You may not otherwise modify or reverse-engineer the software, and you may not remove or obscure Suntower Systems copyright or trademark notices.

Should you have any questions concerning this EULA, or if you desire to contact Suntower Systems for any reason, please write: Suntower Systems Sales Information Center/P.O. 98570 Seattle, WA 98198-0570.

Limited Warranty

Suntower Systems warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Suntower Systems shall be substantially as described in applicable written materials provided to you by Suntower Systems, and Suntower Systems support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.

CUSTOMER REMEDIES: Suntower Systems and its suppliers’ entire liability and your exclusive remedy shall be, at Suntower Systems option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Suntower Systems’s Limited Warranty and which is returned to Suntower Systems with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or ninety (90) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Suntower Systems are available without proof of purchase from an authorized international source.

NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUNTOWER SYSTEMS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUNTOWER SYSTEMS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SUNTOWER SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SUNTOWER SYSTEMS’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A SUNTOWER SYSTEMS SUPPORT SERVICES AGREEMENT, SUNTOWER SYSTEMS’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Any rights not expressly granted herein are reserved.

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