Retriever Solutions, Inc. Enduser Licence Agreement

PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM.  

Retriever Solutions, Inc. End-user License Agreement ("EULA") is a legal agreement between the client (either an individual or a single entity) and Retriever Solutions, Inc. for software product(s) which may include associated software components, media, printed materials, and "online" or electronic documentation to include, but not limited to “RetrieverBackup.exe”,  

“RetrieverCommunications.exe”, “RetrieverCorporate.exe”,  

“RetreiverExporter.exe”, “RetrieverProcess.exe”, “Retrieve.exe” and “WindowsTerm.exe” ("SOFTWARE PRODUCT").  

By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Retriever Solutions, Inc., (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.   

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.

The SOFTWARE PRODUCT is licensed as follows:   

(a) Installation and Use.  

Retriever Solutions, Inc. grants you the right to install and use copies of the SOFTWARE PRODUCT on your computer.  

  1. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Maintenance of Copyright Notices.  

You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT. (b) Distribution.  

You may not distribute registered copies of the SOFTWARE PRODUCT to third parties.   

(c) Prohibition on Reverse Engineering, DE compilation, 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.  (d) Rental.  

You may not rent, lease, or lend the SOFTWARE PRODUCT.  

  1. Support Services.  

Retriever Solutions, Inc. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). 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.   

  1. Compliance with Applicable Laws.  

You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.  

  1. TERMINATION   

Retriever Solutions, Inc. may promptly suspend or terminate your use of SOFTWARE PRODUCT if (1) you violate this Agreement's terms; (2) Retriever Solutions, Inc. believes your use of SOFTWARE PRODUCT s may damage its reputation or intellectual property rights; (3) Retriever Solutions, Inc. suspends or terminates its agreement(s) with any third party involved in providing SOFTWARE PRODUCT; (4) you exceed normal and reasonable usage for SOFTWARE PRODUCT; (5) you experience a bankruptcy or insolvency event; or (6) you are using SOFTWARE PRODUCT for any fraudulent, illegal, or unauthorized purpose, or engage in willful misconduct with respect to use of SOFTWARE PRODUCT. You may terminate this Agreement at any time and for any reason (without cause) by providing notice to Retriever Solutions, Inc. Your termination will be effective at the end of the billing period in which you give notice or on a mutually agreed to date. You will not receive a refund for the billing period in which you terminate this Agreement.  

  1. COPYRIGHT  

All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Retriever Solutions, Inc. or its suppliers. All rights not expressly granted are reserved by Retriever Solutions, Inc.   

  1. NO WARRANTIES  

Retriever Solutions, Inc. expressly disclaims any warranty for the SOFTWARE PRODUCT. The  

SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Retriever Solutions, Inc. does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Retriever Solutions, Inc. makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Retriever Solutions, Inc. further expressly disclaims any warranty or representation to Authorized Users or to any third party.  

  1. LIMITATION OF LIABILITY  

In no event shall Retriever Solutions, Inc. be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if Retriever Solutions, Inc. has been advised of the possibility of such damages. In no event will Retriever Solutions, Inc. be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Retriever Solutions, Inc. shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.   

  1. DATABASE  

Database definition is the property of Retriever Solutions, Inc. All data collected from terminals, manager station, and internet sales and accessed through use of the SOFTWARE PRODUCT is the property of the individual or single entity.   

  1. LICENSE TRANSFER  

The use the SOFTWARE PRODUCT is a license and is not sold. The SOFTWARE PRODUCT license may be transferred to another individual or single entity only with the written consent of Retriever Solutions, Inc.  

 

Retriever Software, Inc.  

888 West Ithaca Avenue  

Englewood, CO 80110