IMPORTANT NOTICE -- READ CAREFULLY: This License For Customer Use of IOWA SUPPORT MASTER software ("LICENSE") is the agreement which governs use of the software by Alft & Wilson Publishing (“ALFT & WILSON PUBLISHING”). The name of the software program is "Iowa Support Master." ("SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not download the SOFTWARE.
RECITALS
Use of the SOFTWARE requires two elements: the SOFTWARE and a personal computer. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is not sold, and instead is licensed for use, strictly in accordance with this document. Alft & Wilson Publishing does not make any warranty concerning any hardware upon which the SOFTWARE is installed.
This LICENSE sets forth the terms and conditions of the SOFTWARE LICENSE only.
1. DEFINITIONS
1.1 Customer. Customer means a licensed, Iowa attorney that purchases and/or downloads the SOFTWARE. Only lawyers licensed to practice law in Iowa, United States, may purchase a license to use the SOFTWARE. Alft & Wilson Publishing may, at their discretion, authorize the issuance of a license to use the SOFTWARE to educational and public service institutions. When doing so, such institutions are bound by the terms of this License.
2. GRANT OF LICENSE
2.1 Rights and Limitations of Grant. ALFT & WILSON PUBLISHING hereby grants Customer the following non-exclusive, non-transferable right to use the SOFTWARE, with the following limitations:
2.1.1 Rights. Customer may install and use the SOFTWARE on all computers owned and maintained under the exclusive control of Customer pursuant to the limitations of the license purchased by Customer.
2.1.2 Limitations.
The SOFTWARE License is sold per lawyer user. Only Customers, and non-lawyer employees acting on behalf of Customers named in the license may use the SOFTWARE to the benefit of Customers. Customers and their staff are not allowed to use the Software to prepare calculations and/or forms for any person who is not named in the license purchased by Customer. Doing so is a violation of the copyright laws of the United States. All Forms provided and/or produced via the Software and Alft & Wilson Publishing either through the Software or on-line, may not be altered in any manner to remove the printed name of a licensed Customer. Printed forms may not be altered to remove the copyright of Alft & Wilson Publishing appearing on any document produced by the SOFTWARE.
The term of this license shall commence on January 1 of each program year and ends on December 31 of the same program year at which time the license to use the SOFTWARE shall end. Customer's right to use the SOFTWARE is prohibited upon the termination or expiration of this License without the express, written permission of ALFT & WILSON PUBLISHING. This term includes all forms produced by the SOFTWARE as well as electronic forms provided by Alft & Wilson Publishing. It makes no difference at what point in time during the program year that Customer purchases the license, the term starts January 1 and ends December 31.
No Reverse Engineering. Customer may not reverse engineer, decompile, or disassemble the SOFTWARE, nor attempt in any other manner to obtain the source code.
No Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, nor otherwise used separately from the other parts.
No Rental. Customer may not sell, rent, lease or provide for free any form or calculation produced by the SOFTWARE. Using the SOFTWARE in any manner to prepare calculations and/or produce forms for any person other than a Customer licensed to use the SOFTWARE in the current program year is strictly forbidden. The SOFTWARE is protected under the copyright laws of the United States.
3. TERMINATION
This LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts. Customer may not retain electronic forms and must remove same from all computers under the control of Customer and his/her staff.
Defensive Suspension. If Customer commences or participates in any legal proceeding against ALFT & WILSON PUBLISHING, then ALFT & WILSON PUBLISHING may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings.
4. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by ALFT & WILSON PUBLISHING, or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Accordingly, Customer is required to treat the SOFTWARE like any other copyrighted material, except as otherwise allowed pursuant to this LICENSE and that it may keep a copy of the SOFTWARE solely for backup or archive purposes.
5. APPLICABLE LAW
This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of Iowa. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND ALFT & WILSON PUBLISHING AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IT IS THE ROLE OF CUSTOMER TO DETERMINE ALL APPLICABLE IOWA LAWS PERTAINING TO THE PROPER CALCULATION AND APPLICATION OF DOCUMENTS PREPARED BY THE SOFTWARE. THE SOFTWARE IS TO BE USED AS A GUIDE AND SHOULD NOT BE RELIED ON. ALL CALCULATIONS AND FUNCTIONS OF THE SOFTWARE ARE AS-IS. THERE ARE NO GUARANTEES EXPRESSED OR IMPLIED THAT THE RESULTS PRODUCED BY THE SOFTWARE ARE 100% ACCURATE IN ALL SITUATIONS. IT IS THE RESPONSIBILITY OF THE CUSTOMER AND USERS TO UNDERSTAND ALL RULES AND REGULATIONS AS THEY PERTAIN TO THE CALCULATION OF CHILD SUPPORT AND TAXES IN THE STATE OF IOWA.
6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALFT & WILSON PUBLISHING 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, EVEN IF ALFT & WILSON PUBLISHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. MISCELLANEOUS
If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of ALFT & WILSON PUBLISHING. Customer agrees that it will not ship, transfer or export the SOFTWARE into any country, or use the SOFTWARE in any manner, prohibited by the United States Bureau of Export Administration or any export laws, restrictions or regulations.
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