This is a legal agreement ("AGREEMENT") between you (either an individual or, if purchased or otherwise acquired by or for an entity, an entity) and Trust Builders, Inc. By installing The Retirement Analysis Kit ("Software"), you agree to be bound by the terms and conditions of this agreement. If you do not agree with the terms and conditions of this agreement, uninstall the Software and the accompanying items (including all hardware, written materials and packaging) and return the materials to your place or purchase for a full refund, if applicable. This agreement may be modified in writing only by a written notice from Trust Builders, Inc.
Grant of License:
Trust Builders, Inc. grants you a non-exclusive and non-transferable limited license to use the Software on a maximum of two computers, and to use the written materials ("Documentation") accompanying the Software, in accordance with the terms and conditions of this agreement. The Software is licensed as a single product. The Software is considered to be "in use" or "used" on a computer when it is loaded into the temporary memory (e.g. RAM) or installed into the permanent memory (e.g. hard disk or other storage device) of that computer.
If the Software is licensed to an individual, it may be used only by the licensed individual, or by an assistant to that individual. An assistant may not be an individual whose function is to use the Software, or reports generated therefrom, for education of and/or sales to clients. The Software and reports generated from the Software may be used only by the licensed individual for education of and/or sales to clients.
If the Software is licensed to an entity, it may be used only by a maximum of one individual of the entity, or by an assistant to that individual, as indicated above. Each additional individual of the entity who either uses the Software, or uses the reports generated by the Software for education of and/or sales to clients, must obtain an additional licensed copy of, or purchase an additional license to use, the Software.
The Software and reports generated there from may only be used for education of and/or sales to clients after a licensed has been purchased. If an unregistered version of the Software is used for education or/or education to their clients, a license must be immediately purchased from Trust Builders, Inc.
The Software may be moved from one computer to another, provided that the Software is completely removed from the former computer so that the Software is used on a maximum of two computers.
Copyright and Other Proprietary Rights:
The Software and Documentation contains copyrighted material, trademarks, and other intellectual property that is provided by and belongs to Trust Builders, Inc., and are protected by applicable United States laws and international treaty provisions. You are granted the right to make and/or retain a copy of the Software by either (a) copying the Software for backup or archival purposes, or (b) transfering the Software to a single hard disk or other storage device of a single computer provided that you keep the original solely for backup or archival purposes. You may not copy the Documentation. Trust Builders, Inc. retains all rights, title, interest and ownership, of, in, and to the Software, copies of the Software, and Documentation. Trust Builders, Inc reserves the right to modify and/or enhance the Software and documentation without obligation to notify you of such changes or furnish them to you, and retains all rights in such modifications and enhancements except as granted to you under this license. This license applies to any such modifications and enhancements.
You may not loan, rent, resell, broker, lease, or otherwise transfer the Software to another entity or individual. You may use the Software only to provide illustrations for those you function for as an advisor, in an advisory capacity, or have a direct working relationship with . You may not assign or transfer this license, any rights granted under the license, the Software, any copies of the Software, and/or the documentation. Any attempt to sublicense, assign, transfer, or broker the Software will immediately nullify your license. You may not reverse engineer, decompile, or disassemble the Software and documentation, such as for publication, use, reproduction, and/or distribution.
After purchasing TRAK, you have up to 30 days to request a refund, but after TRAK has been registered a refund is not available.
This license is for limited use as explained above, is effective from the date you install the Software, and continues until the Software is uninstalled. You may terminate the license any time by uninstalling the Software on all computers it was installed. The license shall terminate immediately if you fail, to comply with any term or condition of this agreement, and upon such termination (a) Trust Builders, Inc. shall have the right to seek any legal or equitable remedies that may be available to Trust Builders, Inc; and (b) you shall uninstall the Software all copies of the Software and all other materials accompanying the Software, Inc. without a refund.
Due to the nature of the Software, it must be updated for changes no less than annually . The annual cost for these updates will represent a renewal fee for renewing this license for the year pertaining to the update.
Trust Builders, Inc. warrants any CD (meaning the CD itself, not the Software) on which the Software is provided will be free from defects in material workmanship under normal use for a period of thirty (30) days from the date you receive delivery.
LIMITATIONS AND REMEDIES:
Trust Builders' entire liability and your exclusive remedy shall be, at the Trust Builders' option, either (a) initial purchase price, or annual renewal fee, whichever was more recent, or (b) repair or replacement of the Software that does not meet the Trust Builders' limited Warranty . The limited warranty is void if the failure of the Software had resulted from neglect, accident, abuse, or misapplication. Any replacement of Software will be warranted for the remainder of the original warranty period or (30) days, whichever is longer.
NO OTHER WARRANTIES:
Trust Builders, Inc. disclaims all other warranties, either expressed or implied, to the maximum extent of the law. This includes, but is not limited to warranties of merchantability and fitness for a particular purpose, with respect to the Software and the accompanying written materials.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
Some states do not allow for limitation on the duration of implied warranties, so the above limitation may not apply to you. This limited warranty gives you specific legal rights. You may have other rights, which vary from state to state.
NO LIABILITY FOR CONSEQUENTIAL DAMAGE:
In no event shall Trust Builders, Inc., or its distributors be liable for any damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the Software, even if Trust Builders, Inc. has been advised of the possibility of such damages. In no event shall Trust Builders, Inc. liability, however founded, exceed the price paid by you for this Software.
You agree to hold Trust Builders, Inc. harmless and pay any and all attorney fees that may arise from any litigation from your use of this Software and/or any of the Software's calculations, or the illustrations created by the Software. It is hereby acknowledged by you that Trust Builders, Inc. have no physical control over your use of the Software and the calculations, illustrations and reports created and presented by you and to your clients.