PowerChurch Software License Agreement
This is a legal agreement between you, the end user (the "Licensee") and PowerChurch Software (the "Licensor"). By opening this sealed package you are agreeing to be bound by the terms of this agreement.
GRANT OF LICENSE.
It is agreed that the Licensor provides this software and licenses its use to the Licensee. The Licensee assumes the responsibility for the selection of the software to meet its desired results and for the installation, use and results obtained from the software.
This PowerChurch Software License Agreement permits Licensee to use the software at a single site only. For purposes of this License Agreement, the term "site" shall be defined as the location of a single church office, a single business office or other organization's local office set forth by Licensee on the Registration Card for this software, and any services supporting that single office site. Licensee may use a single copy of the software for any and all workstations on a local area network at the single office site.
LICENSEE MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE, OR ANY COPY, MODIFICATION OR MERGED PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. IF LICENSEE TRANSFERS POSSESSION OF ANY COPY, MODIFICATION OR MERGED PORTION OF THIS SOFTWARE TO ANY OTHER PARTY, LICENSEE'S LICENSE IS AUTOMATICALLY TERMINATED.
The software is owned by PowerChurch Software and is protected by the United States copyright laws and international treaty provisions. This Agreement contains the entire agreement and understanding between the parties. There are no covenants, representations or warranties not herein expressly set forth. This Agreement may not be changed, modified or discharged orally.
This software is provided "as is" without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Should the software prove defective, Licensee assumes the risk and liability for the entire cost of all repair service or correction.
LIMITATIONS ON REMEDIES.
Licensor's entire liability and Licensee's exclusive remedy shall be:
a. The replacement of any diskette(s) not meeting the "limited warranty" and which is returned to Licensor or an authorized reseller along with Licensee's original purchase receipt; or
b. If both the Licensor and the authorized reseller is unable to deliver a replacement diskette which is free from defects in materials or workmanship, Licensee may terminate this Agreement by returning the software and any other materials to the place of purchase and Licensee's money will be refunded.
a. In no event will Licensor be liable to Licensee for any damages, including any lost revenues, lost savings or other incidental or consequential damages arising out of the use or inability to use the software, even if licensor or an authorized reseller has been advised of the possibility of such damages, or for any claim by any other party.
b. Licensee may not sublicense, assign, transfer or sell the license, software or the software documentation. Any attempt to sublicense, assign, transfer or sell any of the rights automatically terminates Licensee's license.
c. In the event that Licensee wishes to return the software to Licensor under the terms of any limited time refund guarantee that was issued by Licensor at the time of Licensee's obtaining the software from Licensor, Licensee must first contact Licensor's office within the time period of the guarantee to obtain a Return Authorization number before returning the software.
d. This Agreement shall be governed by the laws of the State of North Carolina in the United States of America, with venue in any action necessary to enforce its terms granted in the Court of Buncombe County, North Carolina, or the court of Licensor's choosing.
Last updated: 07/25/2021