SPC for Excel SOFTWARE
End User Site License Agreement
IMPORTANT – READ CAREFULLY PRIOR TO INSTALLING THIS SOFTWARE ON YOUR COMPUTER: This BPI Consulting, LLC End-User License Agreement (“EULA”) is a legal agreement between your COMPANY and BPI Consulting, LLC for the SPC for Excel SOFTWARE accompanying this EULA, which includes the computer SOFTWARE and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT” or “SOFTWARE”). By clicking the “I accept the agreement” button, you agree to the terms of this License Agreement. By clicking the “I do not accept the agreement” button, you do not agree to the terms of this License Agreement and you are prohibited from installing this SOFTWARE on your computer. If you return the SOFTWARE to us, you will receive an applicable refund in accordance with our refund policy.
You have purchased a license to use the SOFTWARE only in accordance with the applicable terms and conditions in this EULA. You do not own the SOFTWARE and you do not have any property rights or tangible interest in the SOFTWARE.
The type of license offered you by this Agreement is for a “Site License”. BPI Consulting, LLC retains the right to determine what type of license you have.
A. Terms and Conditions Applicable to Site Licenses
You are granted a license to use this SOFTWARE in perpetuity if you have purchased a Site License, subject to this EULA. The Site License received from BPI Consulting, LLC specifies the one location within the COMPANY where the SOFTWARE may be used. All employees working at the one location are licensed users of the SOFTWARE. If an employee is transferred to another location, that employee may not use the SOFTWARE at the other location unless that location has purchased a site license or that employee or company purchases an end-user license.
You may make copies of the SOFTWARE installation files for back-up purposes only.
BPI Consulting, LLC will provide to you technical support free of charge as long as BPI Consulting, LLC deems the number of requests for technical support are reasonable. Technical support is available only for the current SOFTWARE version. BPI Consulting, LLC will also make all program updates available as long as this current SOFTWARE version is distributed by BPI Consulting, LCC. You must obtain the program updates by using the update process in the SOFTWARE. Distribution of this SOFTWARE version will end when a new version is available or when BPI Consulting, LLC decides to no longer distribute this current SOFTWARE version.
This SOFTWARE is copyrighted. BPI Consulting, LLC reserves all rights not expressly granted to you in this agreement. Nothing in this agreement constitutes a waiver of our rights under U.S. or international copyright or trademark laws or any other international, federal, or state law.
You may not use any technique in an attempt to open the source code for the SOFTWARE. In addition, you may not reverse engineer this SOFTWARE or recreate the SOFTWARE or its functionalities and capabilities. You may not sell or transfer this SOFTWARE license. BPI Consulting, LLC may terminate this license for any material breach by you. Upon termination, you agree to immediately stop using and to destroy all copies of the SOFTWARE. Should you elect to terminate your use of the SOFTWARE, you will not be entitled to a refund of any portion of the license fee.
This Agreement will be governed under the laws of the state of Texas in the USA. BPI Consulting, LLC warrants that we have the right to grant you this License to use this SOFTWARE.
You are responsible for decisions made based on the results generated by the SOFTWARE. We warrant that the SOFTWARE will operate without substantial program errors, but we do not warrant that the software will operate without errors or that all defects will be fixed. BPI Consulting, LLC believes all the calculations in the SOFTWARE are accurate, but this is not guaranteed.
Under no circumstances shall BPI Consulting, LLC or its resellers be liable to you or any other person for any damages of any character including, but not limited to, work stoppage, computer failure, loss of goodwill and commercial damages or losses.
This SOFTWARE is provided under this License Agreement “as is”, without warranty of any kind unless expressed in this EULA.
In no event shall we become liable to you, or to any other party, for any loss or damages, direct, consequential, special, incidental or otherwise, arising from your use of the SOFTWARE licensed under this License Agreement, including, but not limited to, time, money, or goodwill.
This EULA constitutes the entire agreement between the parties with respect to the SOTWARE, and supersedes all prior EULAs for site licensing.