END-USER LICENSE AGREEMENT FOR FMC DESIGN TOOLS; A WEB BASED MEMORIAL DESIGN SOFTWARE PRODUCT BY FEWELL MONUMENT.
Important - read carefully:
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity, or individual representing a legal entity) and the mentioned author of this Software for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("FMC DESIGN TOOLS SOFTWARE PRODUCT").
By installing, copying, subscribing to, or clicking on the accept button below you are agreeing to all of the terms of this EULA and you agree to be bound by all the terms of the agreement. If you do not agree to all of the terms of this EULA, do not install, become a subscriber or use the FMC DESIGN TOOLS SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The FMC DESIGN TOOLS SOFTWARE PRODUCT is protected by copyright laws as well as other intellectual property laws. The FMC DESIGN TOOLS SOFTWARE PRODUCT is licensed, accessed thru a subscription and is not sold.
1. GRANT OF LICENSE.
This EULA grants you the following non-exclusive, non-transferable rights:
You have the right to subscribe to and to use the FMC DESIGN TOOLS SOFTWARE PRODUCT according to the subscription guidelines and limitations.
You have the right to access the FMC DESIGN TOOLS SOFTWARE PRODUCT as often as you wish. You are not limited to the number of visits or the length of each visit.
There are no time-out restrictions on your log in sessions.
You may print designs created with the FMC DESIGN TOOLS SOFTWARE PRODUCT, to give to your clients, to create sales materials or brochures and you may fax or email these items or use them in various other ways in your normal course of business.
You may provide access to other users (according to subscription guidelines).
You acknowledge that no title to the intellectual property in the FMC DESIGN TOOLS SOFTWARE PRODUCT is transferred to you. Title, ownership, rights and intellectual property rights in and to the FMC DESIGN TOOLS SOFTWARE PRODUCT shall remain that of Fewell Monument.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the FMC DESIGN TOOLS SOFTWARE PRODUCT. The FMC DESIGN TOOLS SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use by other users.
4. LIMITED DISTRIBUTION LICENSE
This license agreement is for the subscription holder and any authorized users permitted by the subscription holder under the terms of the subscription.
The FMC DESIGN TOOLS SOFTWARE PRODUCT is only available through MonumentPro. Inc. and cannot be re sold or be included in a product or package which intends to receive benefits through the inclusion of the FMC DESIGN TOOLS SOFTWARE PRODUCT.
5. EXCLUSIONS / RESTRICTION TO ACCESS i.e. KENTUCKY COMPANIES
Fewell Monument. has restricted and limited access for the FMC DESIGN TOOLS SOFTWARE PRODUCT in the state of Kentucky, (KENTUCKY EXCLUSIONS) due to pre-existing contractual obligations. We are happy to provide subscriptions for the FMC DESIGN TOOLS SOFTWARE PRODUCT in the majority of KY cities and counties but must do so with proper permission from our contractual parties. If you are a KY entity please contact Fewell Monument. at firstname.lastname@example.org to see if the FMC DESIGN TOOLS SOFTWARE PRODUCT is available in your area.
ADDITIONAL LIMITATIONS i.e. (KENTUCKY EXCLUSIONS)
You are prohibited from subscribing to and using the FMC DESIGN TOOLS SOFTWARE PRODUCT if you are a business entity in KY. unless you have the expressed permission of Fewell Monument. Regardless of your location, you are prohibited from subscribing to the FMC DESIGN TOOLS SOFTWARE PRODUCT with the intent of allowing KY businesses / users access to the FMC DESIGN TOOLS SOFTWARE PRODUCT through your subscription without the expressed permission of Fewell Monument. Fewell Monument. must approve of any subscriptions for KY based companies or any users in Kentucky working for or through a company outside of Kentucky.
Fewell Monument. may terminate your subscription access immediately if you fail to comply with these KENTUCKY EXCLUSIONS.
MONUMENTPRO, INC. and the FMC DESIGN TOOLS SOFTWARE PRODUCT is protected by copyright laws. Therefore, you must treat the FMC DESIGN TOOLS SOFTWARE PRODUCT like any other copyrighted material except that you may subscribe to and use the FMC DESIGN TOOLS SOFTWARE PRODUCT to promote your business, assist in creating memorial designs, and sell memorials.
7. DISCLAIMER OF WARRANTY.
MONUMENTPRO INC. expressly disclaims any warranty for the FMC DESIGN TOOLS SOFTWARE PRODUCT. You agree that the FMC DESIGN TOOLS SOFTWARE PRODUCT and any related documentation is being provided "as is" without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the FMC DESIGN TOOLS SOFTWARE PRODUCT remains with you.
8. LIMITATION OF LIABILITY.
In no event, shall Fewell Monument. be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) should they arise.
This license is in effect until terminated by the user or Fewell Monument.
Without prejudice to any other rights, Fewell Monument. may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
The user may terminate this license at any time by contacting Fewell Monument. via the email or web addresses mentioned above. Upon notice of cancellation the user’s access to the FMC DESIGN TOOLS SOFTWARE PRODUCT will be terminated at the end of the user’s prepaid subscription period. Please see our published Cancellation and Refund Policy for further explanation of this policy.
Severability: In the event of invalidity of any provision of this EULA, the parties agree that such invalidity shall not affect the validity of the remaining portions of this EULA.
You agree that you will not export or re-export the FMC DESIGN TOOLS SOFTWARE PRODUCT outside of the jurisdiction in which you obtained it without appropriate expressed permission from Fewell Monument. i.e. (KENTUCKY EXCLUSIONS)
Should you have any questions concerning this EULA, or if you desire to contact MonumentPro. Inc. for any reason, please do so by email email@example.com or via the contact portal on our web site at https://designtool.monumentracking.com.
© 2016 Fewell Monument. All rights reserved.
LICENSE TERMS ARE APPLICABLE TO TRIAL USE OF THE FMC DESIGN TOOLS SOFTWARE PRODUCT. Fewell Monument. grants you a limited license to use this software during the trial / evaluation period.
Fewell Monument. may revoke any permissions granted here, by notifying you in writing.
If Fewell Monument. chooses to change this EULA an updated version will be published.
This EULA last revised on November 2, 2016.