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Daily Sales Record License Agreement
The Daily Sales Record License Agreement (below) is subject to periodic updates. It is your responsibility to check this agreement often for changes.
IMPORTANT: CAREFULLY READ THIS LICENSE AGREEMENT BEFORE ORDERING THE DAILY SALES RECORD ONLINE SOFTWARE FROM DAILYSALESRECORD.COM OR ANY AFFILIATE WEBSITES. ORDERING THE PROGRAMS OR THE WEBSITES INDICATES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND AND ACCEPT ALL THE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. THE SOFTWARE, PROGRAMS, CGI SCRIPTS, PHP SCRIPTS, FORMS, INFORMATION, AND DOCUMENTATION STORED ON THE DAILYSALESRECORD.COM SERVER (MARKETRENDS.NET OR THE CLICK1003 SERVER (1003APPLICATION SERVER) ARE BEING LICENSED (NOT SOLD) TO YOU FOR YOUR USE FOR A SPECIFIC PERIOD OF TIME THAT YOU SIGN UP FOR. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, DO NOT ORDER THE DAILY SALES RECORD PRODUCTS. THIS LICENSE AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME AND IT IS YOUR RESPONSIBILITY TO CHECK BACK OFTEN TO REVIEW THIS AGREEMENT FOR CHANGES.
DISCLAIMER: THE DAILY SALES RECORD END-USER LICENSE, AND THE INTELLECTUAL PROPERTY RIGHTS LICENSED IN THE END-USER LICENSE (IF ANY) ARE PROVIDED “AS IS, WHEREAS.” DAILY SALES RECORD, CLICK1003, MARKETRENDS PRODUCTIONS, MORTGAGEMARKETINGONLINE.COM, 1003APPLICATION.COM AND ALL LICENSE PARTICIPANTS, AUTHORS, OR INTELLECTUAL PROPERTY RIGHTS HOLDERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND INDEPENDENT CONTRACTORS, MAKE NO REPRESENTATIONS OR WARRANTIES TO END-USERS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THIS OR ANY DAILY SALES RECORD PORODUCT OR THE END-USER LICENSE , INCLUDING, BUT NOT LIMITED TO WARRANTIES: (1) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT; (2) THAT THE CONTENTS OF SUCH DAILY SALES RECORD PROGRAM ARE FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; OR (3) THAT MAKING, HAVING MADE, USING, IMPORTING OR SELLING A PRODUCT OR SERVICE COMPLIANT WITH ANY DAILY SALES RECORD PRODUCT WILL NOT INFRINGE ANY THIRD-PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS AND ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT WILL DAILY SALES RECORD, CLICK1003, MARKETRENDS PRODUCTIONS, 1003APPLICATION.COM, THE DAILY SALES RECORD LICENSE PARTICIPANTS, AUTHORS OR INTELLECTUAL PROPERTY HOLDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS OR INDEPENDENT CONTRACTORS, OR ANY OF THEM, BE LIABLE TO ANY END-USER FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS DAILY SALES RECORD PROGRAM OR WITH RESPECT TO THIS END-USER LICENSE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON ANY INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF DAILY SALES RECORD, CLICK1003, MARKETRENDS PRODUCTIONS, 1003APPLICATION.COM, THE DAILY SALES RECORD LICENSE PARTICIPANTS, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS OR INDEPENDENT CONTRACTORS, OR ANY OF THEM, ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The term "Daily Sales Record program" or "Daily Sales Record software" as used in this Agreement includes Program software, Template and Custom Web Sites, Both English and Spanish versions of the Click1003 interactive Online Application software program,CGI scripts, database(s) all help files, calculators, Click1003FTP software, Daily Sales Record software, its interactive forms (including all XML,CGI,PERL,PHP,TEXT,HTML,DHTML, CSS3,C++,javaScript or any other code or documents), and all data and information included in this package, as well as any accompanying user documentation. Daily Sales Record and Click1003.com agrees to license the Daily Sales Record software (herein referred to as the: "Program") to you (an entity or person) to use under the following terms and conditions:
USE:You may use one copy of the Program (or one each of English and Spanish versions if available) residing on the MarkeTrends Productions Server, the Daily Sales Record server, or the Click1003 Server (1003APPLICATION.COM) set up in a secure account for you or your company and accessed through your website for your own personal use for the purposes of keeping track of your company's sales statistics for you or your company. You may not make copies of all or any part of the Program in any machine readable form. You must include our proprietary notices, including any notices with respect to this license, copyrights, trademarks, logos, graphics, content, etc. on your website. The extent of your use is limited to using the Program for one (1) location regardless of the amount of users. To clarify: If you have seven (7) users and only use the program for one (1) location, you only need one (1) Daily Sales Record program. If you have seven (7) locations and need the program in all seven (7) locations individually, you will need seven (7) Daily Sales Record programs.
RESTRICTIONS:You may not use the Program: for more than one store location; on a network; on a time sharing, interactive cable T.V. or multiple CPU or multiple user arrangement; without the express permission from Daily Sales Record. The entire Program and all of its parts including all code, scripts, web interfaces, graphics and any other devices required for its use or function will at all times reside on the MarkeTrends Productions Server (MarkeTrends.Net), the Daily Sales Record Server or on the Click1003 server (1003application.com) without exception. You may not transfer or cause to be transferred all or any part of the Program to another server. You may not use, copy, distribute, translate, transmit, merge, modify, reverse engineer, transfer, adapt, loan, rent, lease, assign, share, sub-license or make available to another party, this Program or any copy, in any way, in whole or in part, except as expressly provided for in this Agreement. You may not transpose or electronically transfer the Program or any of its parts into another computer language. You must take all necessary precautions to prevent anyone else from violating the terms of this Agreement. This section shall survive the termination of this Agreement.
COPYRIGHT:The Program is protected by United States, Canadian and international copyright and intellectual property laws. All rights to the Program are owned by Click1003 and Daily Sales Record , and this entity retains all rights not expressly granted. By purchasing a license to this Program, you do not become the owner of the Program, but are entitled only to use it in accordance with the terms of this Agreement.
LIMITED WARRANTY: Daily Sales Record and Click1003, warrants that the Program will operate on an IBM-compatible microcomputer operating in a single-user Windows environment. To the best of our knowledge, the Daily Sales Record programs have been tested and will work on the latest versions of the following browsers: Internet Explorer (IE), Firefox (FF), Google Chrome, Opera, and Safari. It also works on newer Android and iPad or iPhone products.. We do not support Netscape Navigator. Daily Sales Record has been tested on all versions of Windows XP, Vista and Windows 7 and 8. It is your responsibility to test the Daily Sales Record program on your operating systems and browsers before you pay for licensing the Daily Sales Record program. IF YOU EXPERIENCE ANY PROBLEMS WITH THE DAILY SALES RECORD PROGRAM WHILE TESTING IT, DO NOT PAY FOR LICENSING IT TO YOURSELF OR YOUR COMPANY. Except as specifically provided herein, the Program is provided "AS IS". Daily Sales Record and Click1003 gives no other express or implied warranties, representations, promises or guarantees of any kind, statutory or otherwise, with respect to this Program, its function, data or user documentation, including but not limited to any warranty that the Daily Sales Record program will meet your requirements, that the operation of the Program will be uninterrupted or error free, OR implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the Program is with you. You assume all responsibility for the SELECTION of the Program to achieve your intended results and for use and results obtained from the program.
LIMITATION OF LIABILITY: In no event will Daily Sales Record or Click1003 be liable for any damages including but not limited to, any lost profits, lost savings, indirect, special, incidental, economic or consequential damages, arising out of the use, or inability to use the Program, or for claim by any other party, even if Daily Sales Record or Click1003 or any of their lawful agents, dealers or employees have been advised of the possibility of such damages or claim. In no case will Daily Sales Record or Click1003 be liable for more than the amount paid by you for the use of the Program. Some jurisdictions do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Daily Sales Record and Click1003's entire liability and your exclusive remedy shall be: at the option of Daily Sales Record and Click1003 to either refund the amount you paid for the use of the Program (minus the installation fee and time used) or provide you with a corrected Program provided that the defective Program is returned to Daily Sales Record or Click1003, or an authorized representative with a signed non-use agreement and a copy of your proof of payment within thirty (30) days from the date of purchase. This section shall survive the termination of this Agreement.
GENERAL: This license is effective until terminated. This Agreement shall terminate upon your failure to comply with any of the terms or obligations of this Agreement including nonpayment of licensing or services in a timely manner, which shall constitute a material breach, and you will be subject to all applicable legal and equitable remedies. If you are on a payment plan of any kind, you may terminate your subscription at any time by filling out the termination request form or notifying Daily Sales Record or Click1003 at 800-398-0504. When you submit this form or contact us to terminate your subscription, you will not be billed on your next monthly or annual billing cycle. There are no refunds for time not used after you have paid. You agree, upon such termination, to return the original Programs to Daily Sales Record or Click1003, discontinue use and destroy all copies in any form, including without limitation printed formats, back-up copies, and mergers of the information into other programs if applicable. This license is NOT transferable, assignable nor sub-licensable in whole or in part, without the express written consent of Daily Sales Record or Click1003. If a court of competent jurisdiction should find any part of this Agreement to be invalid, illegal or unenforceable, that part shall be severed from the rest of the Agreement, which shall remain in full force and effect. This is the complete license agreement and it is binding upon you, Daily Sales Record, Click1003 and all parties' successors and permitted assigns.
RETURN AND REFUND POLICY: ALL SALES ARE FINAL. When you have filled out and submitted the Secure Order Form and the program has been set up for you, or you have downloaded or are shipped any portions of the Daily Sales Record or Click1003 software, it is considered to be 'Opened'. Opened software cannot be returned for a refund, in full or in part, regardless of the delivery method. With any of the Daily Sales Record or Click1003 software products, you have the opportunity to ‘try before you buy’ through any of our online demos located on this or other Daily Sales Record, Click1003 affiliated web sites that offer the Daily Sales Record programs. If an online demo is not available for the program software you are considering purchasing, call Daily Sales Record at the 800 number on this license agreement to arrange for a demonstration.
CONTACT:Should you have any questions concerning this Agreement, please contact Daily Sales Record or Click1003 at: 15220 Pear Valley Lane, Auburn, Ca. 95603, call (800) 398-0504, or email us at: info@dailysalesrecord.com or info@click1003.com.
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Questions? E mail Daily Sales Record at: info@dailysalesrecord.com or Call: 800-398-0504 toll free