End User License Agreement (EULA)

IMPORTANT - READ CAREFULLY: This Cougar Mountain Software, Inc. End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Cougar Mountain Software, Inc. ("Publisher").  The terms of this Agreement govern your use of this Software package (referred to in this Agreement as the "Software").  Please read this Agreement carefully before you continue with installation of this Software.  By installing this Software you are agreeing to be bound by this Agreement.  If you do not agree to the terms of this Agreement please discontinue installation and return the entire package in its original wrapping, to your dealer or Cougar Mountain Software, Inc. for a full refund.

At Cougar Mountain Software, Inc., we strive to produce high-quality Software at reasonable prices.  We can only do this, however, if our rights as developers are respected.  Even though we provide exceptional Software at low prices, we do not consent to unlicensed use of our Software.

The Software is owned by Cougar Mountain Software, Inc. or its suppliers and is protected by United States copyright laws that pertain to computer Software and international treaty provisions.  A license is granted for Software which is owned by Cougar Mountain Software, Inc., while a sublicense is granted for Software which is owned by a third-party from whom Cougar Mountain Software, Inc. has acquired a license to market the Software.  Such third-party retains all ownership rights in its Software.  Third-party software may only be used in combination with Cougar Mountain Software, Inc. with which it is distributed.  In consideration of payment of the license fee, which is part of the price you paid for this Software, Publisher, as Licensor, grants to you, as Licensee, a non-exclusive right to use and display this copy of the Software on a single computer (i.e., a single CPU) at one location at any time.  A licensed user may make as many copies of the CDs/DVDs or other media as needed for his/her use on a single personal computer, or in the case of a multi-user version, a single network server but may not make unlimited copies.

It is strictly prohibited to give copies to another person, or to duplicate the Software or the accompanying written materials to others, by any other means, including electronic transmission.  The Software contains trade secrets and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form.  You may not modify, adapt, translate, rent, lease, loan, resell for profit, or distribute the Software or any part thereof without the prior written consent of Publisher.

THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED OF ANY KIND AND PUBLISHER SPECIFICALLY DISCLAIMS THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.

Cougar Mountain Software, Inc. warrants that the original CDs/DVDs or other installation media are free from defects in material and workmanship, assuming normal use, for a period of ninety (90) days from date of purchase.  If a defect occurs during this period, you may return your faulty CD/DVD or other installation media to Cougar Mountain Software, Inc.  Cougar Mountain Software, Inc. will replace it free of charge.  Cougar Mountain Software, Inc. includes sample and shell company data.  In no way do we claim that this data will match your company structure completely.  The shell templates contain sample company account numbers and formats which should be modified to fit your specific business needs. 

THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT ARE MADE BY PUBLISHER ON THE SOFTWARE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PUBLISHER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY UPON SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY ACCORDING TO JURISDICTION.

NEITHER PUBLISHER NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGE (INCLUDING DAMAGE FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF DATA, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  THE LIABILITY OF COUGAR MOUNTAIN SOFTWARE, INC. UNDER THE WARRANTY SET FORTH ABOVE SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE SOFTWARE, OR REFUND OF THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE.  The Agreement shall be governed and construed in accordance with the laws of the State of Idaho.  

This Agreement and the products and services referred to herein shall be governed by in all respects whether as to validity, construction, capacity, performance, liability, damages or otherwise by the laws of the State of Idaho; as such, any disputes can only be heard in the State of Idaho.  As a material consideration inducting Seller to enter into this Agreement, it is specifically understood and agreed that any controversy or claim arising out of or relating to this Agreement or any of the products or services referred to herein shall be first submitted to mediation in Boise, Idaho pursuant to the commercial mediation rules of the American Arbitration Association.  If after a period of thirty (30) days the parties hereto are unable to settle their dispute then the parties agree to settle their controversy by binding arbitration in Boise, Idaho pursuant to the commercial arbitration rules of the American Arbitration Association and judgment on the award rendered by the arbiters may be entered in any court having jurisdiction thereof.  The prevailing party in the litigation and prevailing party in any ancillary disputes (e.g., discovery disputes) will be entitled to recover attorneys' fees and expenses from the other party.


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Cougar Mountain Software, Inc.
All Rights Reserved