Loan Spread Calculator Pro, 2.5.00
Copyright (c) 1997 - 2003
By Wheatworks Software, LLC
All Rights Reserved Worldwide.
Compile Date: 09/15/2003
Shareware: $29.95 US

License, Copyright and Liability Disclaimer

PLEASE READ THIS DOCUMENT CAREFULLY.  THE INDIVIDUAL OR ENTITY INSTALLING THIS SOFTWARE ("YOU") AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY DELETE OR RETURN THE PRODUCT.

While effort was made to ensure the accuracy of the calculations performed by this SOFTWARE, there is NO WARRANTY, expressed or implied, for the accuracy or applicability of the results generated by this SOFTWARE to your particular financial situation.  Please consult your own financial advisor before making any financial decisions.

Loan Spread Calculator Pro ("SOFTWARE") and the accompanying documentation are provided to YOU by Wheatworks Software, LLC ("LICENSOR") for use only under the following terms.  LICENSOR reserves all rights not expressly granted to YOU.  YOU own the disk on which the SOFTWARE is recorded, but LICENSOR retains ownership of all copies of the SOFTWARE itself.  YOU assume sole responsibility for the installation, use and results obtained from use of the SOFTWARE.

1.  LICENSE.

YOU are granted a limited, non-exclusive license to do only the following:

a)  Install this Evaluation version of the SOFTWARE for the purpose of evaluating the SOFTWARE to determine if it meets your needs before you purchase it.  The entire Evaluation period for the SOFTWARE shall be no more than 20 uses, at which time YOU must purchase a Registration Key for the SOFTWARE in order to continue using it or you must discontinue use of the SOFTWARE and entirely delete it from YOUR computer.

b)  After you purchase Loan Spread Calculator Pro you will receive a unique Registration Key.  Your personal User Name and Registration Key are used to unlock the Evaluation version and create a registered version which allows unlimited use of Loan Spread Calculator Pro.  You shall not publish or distribute this Registration Key by any means.  If you do, this license to use Loan Spread Calculator Pro is automatically terminated, you must remove Loan Spread Calculator Pro from your computer(s), and you may be liable for legal damages.

c) You may use the SOFTWARE on any single computer; use the SOFTWARE on a network, provided that each person accessing the SOFTWARE through the network must have a copy licensed to that person; use the SOFTWARE on a second computer so long as only one copy is used at a time; or copy the SOFTWARE for archival purposes, provided any copy must contain all of the original SOFTWARE's proprietary notices.

d)  Make copies of only this Evaluation version in machine-readable form for distribution to a third party solely for the purpose of evaluation for purchase by the third party, provided the entire contents of the Shareware version are copied in their entirety with payment, copyright, and trademark information in place.  Although the SOFTWARE may not be sold, a fee of no greater than $4 (U.S.) may be charged for the service of providing only the Evaluation version of this SOFTWARE to others on physical, magnetic media (i.e. charging for the media and duplication services only).  The SOFTWARE is protected by copyright law.  This SOFTWARE and documentation is Copyright © 1997 - 2003 by Wheatworks Software, LLC. All Rights Reserved Worldwide.

e)  Transfer the SOFTWARE and all rights under this License to another party together with a copy of this License and all written materials accompanying the SOFTWARE provided (i) YOU give LICENSOR written notice of the transfer (including in such notice the identity of the transferee), and (ii) the other party reads and agrees to accept the terms and conditions of this License.

f)  You agree that you shall only use the SOFTWARE in a manner that complies with all applicable laws in the jurisdiction(s) in which you use the SOFTWARE, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

2.  COPYRIGHT.

This SOFTWARE and documentation is Copyright © 1997-2003 by Wheatworks Software, LLC.  All Rights Reserved Worldwide.  This SOFTWARE is protected under United States copyright laws and international treaty provisions.  YOU may not distribute the registered version of Loan Spread Calculator Pro nor distribute the registration code provided to YOU by LICENSOR.  Users requiring multiple copies may contact Wheatworks Software, LLC for site license information.

3.  OWNERSHIP.

a)  This SOFTWARE and the related copyrights and intellectual property rights, are the exclusive property of LICENSOR and/or its suppliers.  YOU acquire no title, right or interest in the SOFTWARE other than the license rights granted herein.

b)  YOU shall not remove from the SOFTWARE any trademark, tradename, copyright notice or other notice, and shall be responsible for their preservation on the copies received hereunder and for their reproduction on any backup copy of the SOFTWARE or on any portion of the SOFTWARE merged into other programs or sites.

c)  If you receive the first copy of the SOFTWARE electronically and a second copy on physical media (e.g., CD, diskette, etc.), the second copy may be used for archival purposes only and may not be transferred to or used by any other individual or entity.

4.  RESTRICTIONS.

YOU may NOT sublicense, or assign copies of the SOFTWARE to others.  The SOFTWARE contains trade secrets.  YOU may NOT decompile, reverse engineer, disassemble, or otherwise reduce the SOFTWARE to a human readable form.  YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, OR OTHERWISE ASSIGN OR TRANSFER THE SOFTWARE, OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF without the prior written consent LICENSOR.

5.  PROTECTION AND SECURITY.

YOU agree to use YOUR best efforts and to take all reasonable steps to safeguard the SOFTWARE to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made.  YOU acknowledge that the SOFTWARE contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to LICENSOR.

6.  TERMINATION.

a)  This License is effective until terminated.  This License will terminate immediately without notice from LICENSOR if YOU fail to comply with any of its provisions.  LICENSOR may immediately revoke and terminate the license granted hereunder by providing written notice to YOU if any of the following events occur:  breach by YOU of any provisions of this License; non-payment by YOU in due time of any sum due from YOU in consideration of delivery and license of the SOFTWARE.

b)  Upon termination of the license granted hereunder, LICENSOR reserves the right to take any legal action necessary to recover any damages incurred by LICENSOR.

c)  Upon termination of the license granted hereunder, YOU shall immediately refrain from using the software, YOU shall delete the SOFTWARE from the computer(s) upon which it has been installed by YOU and/or your agents, and you shall destroy the SOFTWARE and all copies thereof.

d)  The limitations on liability and disclaimer of warranty contained in Section 7 and 8 shall continue in force even after your rights to use the SOFTWARE are terminated.

7.  LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WHETHER IN TORT CONTRACT OR OTHERWISE SHALL WHEATWORKS SOFTWARE, LLC, ITS AGENTS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF WHEATWORKS SOFTWARE, LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.  FURTHER, IN NO EVENT SHALL WHEATWORKS SOFTWARE, LLC'S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO WHEATWORKS SOFTWARE, LLC FOR THE SOFTWARE AND DOCUMENTATION.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8.  DISCLAIMER OF WARRANTY

a)  THIS SOFTWARE IS PROVIDED "AS-IS."  WHEATWORKS SOFTWARE, LLC MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SOFTWARE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, PERFORMANCE, OR MERCHANTABILITY.  IN PARTICULAR, IT IS NOT GUARANTEED TO PREVENT OR DETECT DAMAGE TO YOUR DATA OR PROGRAMS.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.  SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ( AND NOT WHEATWORKS SOFTWARE, LLC OR ITS AGENTS, SUPPLIERS, DISTRIBUTORS OR DEALERS ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTION.

b)  Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.  This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

c)  LICENSOR does not warrant that the functions contained in the SOFTWARE will meet your requirements or that the operation of the SOFTWARE will be uninterrupted or error free.

9.  ENHANCEMENTS.

From time to time LICENSOR may, in its sole discretion, advise YOU of updates, upgrades, enhancements or improvements to the SOFTWARE and/or new releases of the SOFTWARE (collectively, "ENHANCEMENTS"), and may license YOU to use such ENHANCEMENTS upon payment of prices as may be established by LICENSOR from time to time.  All such ENHANCEMENTS to the SOFTWARE provided to YOU shall also be governed by the terms of this License.  LICENSOR reserves the sole and exclusive right to set its policies and prices regarding updates, upgrades and enhancements.

10.  GENERAL.

This License will be governed by and construed in accordance with the laws of the State of Louisiana, USA, and shall inure to the benefit of LICENSOR and YOU and their successors, assigns and legal representatives.  If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible,  the enforceability of the remaining provisions shall in no way be affected or impaired thereby and the remaining provisions of this License will remain in full force and effect.  Any notices or other communications to be sent to LICENSOR must be mailed certified, postage prepaid, to the following address: Wheatworks Software, LLC, P. O. Box 7, Ruston, LA 71273.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded.  This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of LICENSOR.

11.  GOVERNMENT USE.

If SOFTWARE, including documentation, is licensed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), it is provided with Restricted Rights and the following provisions apply. The Software and Documentation are "commercial items" as defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation" as used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227-7202 (June 1995).   Use, duplication, or disclosure by the U.S. 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, or similar or successor provisions as applicable.  Manufacturer is Wheatworks Software, LLC, Post Office Box 7, Ruston, Louisiana, United States of America, 71273-0007.

12.  ACKNOWLEDGEMENT.

BY INSTALLING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.  Should YOU have any questions concerning this License, contact LICENSOR at the address set forth above.

Copyright © 1997-2003 by Wheatworks Software, LLC
All Rights Reserved Worldwide.

Document Date: 09/15/2003