HOME MONEY MANAGER
HOME CREDIT CARD MANAGER END USER LICENSE AGREEMENT

THIS END USER LICENSE AGREEMENT ("Agreement") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE) AND HOME MONEY MANAGER. ("Home Money Manager"). PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT SUPERSEDES PREVIOUS VERSIONS. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING HOME MONEY MANAGER'S SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE SOFTWARE.

1. SOFTWARE: As used in this Agreement, the term "Software" refers to the Home Money Manager software you have selected to install. The term "Software" also shall include any license keys or license key upgrades made available to you by Home Money Manager. The Software is deemed accepted by you upon installation of the Software. The term "Software" also includes any third party libraries made available to you by Home Money Manager (excluding the JFreeReport class library which is distributed under the GNU Lesser General Public License).

2. LICENSE GRANT: Home Money Manager grants to you a non-exclusive, non-transferable right to use the Software in accordance with the terms of this Agreement. Notwithstanding the foregoing, you acknowledge and agree that, depending on the version (free, trial or fully licensed) of the Software you select to install, certain restrictions may apply to your use of the Software and certain features of the Software ("Special Features") may be unavailable to you or available subject to certain limitations, as follows:

3. LICENSE KEY: You acknowledge that the Software contains a license key (the "License Key"). The Software comes with a License Key that will allow you to use the product for a specified period (the "License Key Period"). If using the free version and the License Key Period expires or the License Key becomes invalid, then a new license key must be obtained before you can continue to use the Software. If using the trial version, you may only use the software for the initial License Key Period which is your Trial Period, after which you will need to purchase a license to continue to use the Special Features. If you are using a fully licensed version the License Key Period will continue perpetually, subject to the terms of this Agreement. You agree not to obtain any License Keys for the Software from any source other than Home Money Manager or Home Money Manager's authorized partners. You agree not to use any software to create any License Keys for the Software. Any violation of this Section shall immediately terminate your license to the Software.

4. REGISTRATION KEY: You acknowledge that the Software requires a personalized registration key (the "Registration Key") to access the Special Features after the Trial Period expires. After you purchase a license for the Software you will receive a Registration Key which will allow you to unlock the trial version giving you full use of the Software. You may not publish or distribute or share your Registration Key by any means. You agree not to purchase or obtain any Registration Keys for the Software from any source other than Home Money Manager or Home Money Manager's authorized partners. You agree not to use any software to create any Registration Keys for the Software. Any violation of this Section shall immediately terminate your license to the Software.

5. FINANCIAL ADVICE: You agree that the results obtained from the Software are intended as a guide only, and in no way represent financial advice from Home Money Manager. You agree to consult a professional financial advisor before making any financial decisions based on the results produced by the Software. You agree that using the Software does not in any way represent a recommendation by Home Money Manager for you to participate in any financial transaction or arrangement, and that you agree that you are solely responsible for the actions you take in respect to your personal finances.

6. RESTRICTIONS: You may not rent, lease, loan or resell the Software. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble the Software. You may not modify, or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted in Section 8 below. You may not remove any proprietary notices or labels on the Software. Any use in violation of this Section shall immediately terminate your license to the Software.

7. OWNERSHIP RIGHTS: The Software is owned by Home Money Manager and is protected by Australian copyright laws and international treaties. You must treat the Software like any other copyrighted material. Except as expressly licensed by Home Money Manager, Home Money Manager own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All rights not expressly set forth hereunder are reserved by Home Money Manager.

8. DISTRIBUTION: You may distribute copies of the free version and free trial version of the Software freely to other individual users, provided that any copy must contain the original, unaltered files and proprietary notices.

9. NO WARRANTY:

10. LIMITATION OF LIABILITY: IN NO EVENT SHALL HOME MONEY MANAGER OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE SOFTWARE OR THE USE THEREOF (INCLUDING BUT NOT LIMITED TO DAMAGES OR COSTS INCURRED AS A RESULT OF LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR REVENUE, OR LOSS OF USE OF THE SOFTWARE OR OTHER ECONOMIC LOSS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EVEN IF HOME MONEY MANAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL HOME MONEY MANAGER'S LIABILITY FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHERWISE, EXCEED THE FEE PAID BY YOU FOR THE SOFTWARE THAT IS THE SUBJECT OF SUCH CLAIM. IF THE RELEVANT SOFTWARE WAS PROVIDED TO YOU AT NO CHARGE YOU AGREE THAT HOME MONEY MANAGER SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF THE DATA AND EQUIPMENT USED IN CONNECTION WITH ANY OF THE SOFTWARE. YOU FURTHER AGREE THAT HOME MONEY MANAGER WILL NOT BE LIABLE FOR ANY DAMAGES THAT YOU MAY SUFFER IN CONNECTION WITH (i) DOWNLOADING, INSTALLING, OR USING THE SOFTWARE OR (ii) FAILURE IN THE PERFORMANCE OF THE SOFTWARE. IF YOU ELECT NOT TO PURCHASE A LICENSE TO THE SOFTWARE, YOU FURTHER ACKNOWLEDGE THAT YOU ARE PROVIDED A REASONABLE TIME FRAME TO EVALUATE THE SOFTWARE AND AT THE END OF SUCH EVALUATION PERIOD YOU MAY ONLY ACCESS AND USE THE SOFTWARE IF YOU PURCHASE A LICENSE TO THE SOFTWARE. YOU AGREE THAT HOME MONEY MANAGER WILL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER IN CONNECTION WITH THE TERMINATION OF SUCH EVALUATION PERIOD AND YOUR INABILITY TO ACCESS AND USE THE SOFTWARE. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW. THE LIMITATIONS IN THIS SECTION ARE COMPREHENSIVE AND ALL EXAMPLES ARE ILLUSTRATIVE AND NOT EXHAUSTIVE. THE LIMITATIONS IN THIS SECTION ARE SEPARATE AND INDEPENDENT OF ANY OTHER REMEDY LIMITATIONS IN THIS AGREEMENT AND SHALL NOT FAIL IF SUCH OTHER LIMITATION ON REMEDY FAILS. THE FEES AND OTHER PROVISIONS IN THIS AGREEMENT REFLECT THE ALLOCATION OF RISKS BETWEEN THE PARTIES. THIS SECTION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

11. TERMINATION: If you breach this Agreement your right to use the Software will terminate immediately and without notice, but all provisions of this Agreement except the License Grant (as described in Section 2 ("Licnese Grant")) will survive termination and continue in effect. Upon termination, you must destroy all copies of the Product.

12. MISCELLANEOUS:

 

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