0.0 THE SHORT EXPLANATION OF THE LICENSE
All rights are reserved by THE X COMPANY, domiciled and incorporated in the state of Louisiana, United States of America
Business licenses are (US) $30 to anyone using FOLIO7 TOOLS.
Educational License are free.
Anyone can copy and distribute copies of FOLIO7 TOOLS as long as all the files are distributed together.
You may not modify FOLIO7 TOOLS.
FOLIO7 is a set of computer programs formerly known as INKBOX TOOLS.
1.0 GENERAL CONDITIONS
By using or reading any part of FOLIO7 TOOLS, you warrant that you and your agents understand, acknowledge, agree to and accept the entire copyright notice, license agreement and disclaimer statement without qualification. If you do not agree, understand and accept this agreement as valid, then the appropriate steps for you to take are discussed below.
The ownership of FOLIO7 is reserved by THE INKBOX CO. Users purchase a license to utilize FOLIO7 TOOLS.
THE INKBOX CO. reserves the right to change the price of its programs and user support in response to market conditions.
The license agreement and disclaimer that you are now reading shall constitute the entire agreement between THE INKBOX CO. and/or its agents with user(s) of FOLIO7 TOOLS. No other express or implied statement, either written or verbal, shall be in force.
This copyright notice, license agreement and disclaimer notice shall be interpreted under the Laws of the State of Louisiana as enacted and in force on the date of March 1, 1995 and subsequently revised as enacted on January 1, 2017. Additional protection of copyrights, trademarks, and intellectual property rights are provided by the General Agreement on Tariffs and Trade.
No user shall export or import FOLIO7 TOOLS in any manner not in compliance with The United States Exporting Administrating Act.
Each of the marks, “Folio7” and “Folio7 Tools”, are common trademarks of THE INKBOX CO.
The INTERNET mail address is: email@example.com
Support is available to business licensed users at the cost $100 (U.S. Currency) per hour with an initial two hour minimum. Additional time may be purchased in full hour increments. This extended support is intended for those who require customized versions Note well that extended support is provided at times and occasions mutually convenient to THE INKBOX CO. Support is not provided to competitors. The competitor status is defined at the sole discretion of THE INKBOX CO.
3.0 DURATION OF AGREEMENTS
The agreements contained in this document shall be enforce upon installation of the FOLIO7 TOOLS software. During installation, the user warrants that upon viewing the welcome screen that she or he acknowledges the notification to read these agreements as valid.
If you and/or your agents might not agree with the entire copyright notice, license agreement and/or the disclaimer statement and/or might find a defect in FOLIO7 TOOLS software, or might discontinue using FOLIO7 TOOLS for any reason, then all copies of FOLIO7 TOOLS in your possession are to be removed from the computer system(s) where FOLIO7 TOOLS are installed.
The licensing agreement can be cancelled by either THE INKBOX CO. or the user. THE INKBOX CO. may cancel this licensing agreement at any time for any legal purpose by posting a notice to users on its homepage at mikelebanc.com or folio7.com that FOLIO7 TOOLS are no longer being sold and supported. The user agrees that sufficient notice is given by either of these two postings.
After cancellation by THE INKBOX CO., please note that: (1) users may continue using copies of FOLIO7 TOOLS received before the date of the cancellation notice; (2) users may not distribute copies of FOLIO7 TOOLS; and (3) THE INKBOX CO. absolutely rejects without equivocation any and all responsibility for the use of FOLIO7 TOOLS.
The user may cancel this licensing agreement by erasing FOLIO7 on any computer(s) where FOLIO7 TOOLS have been installed.
Upon cancellation of the agreements by THE INKBOX CO., the user agrees to cease any and all claims against THE INKBOX CO. except for refunds due to an original purchaser as specified below. Upon cancellation by the user, THE INKBOX CO. agrees to cease all claims against the user except those claims arising from non-payment of more than one licensing fee, from non-payment of profits to the THE INKBOX CO. due from the sale and/or distribution of modified or non-modified copies of FOLIO7 TOOLS, from damages to THE INKBOX CO. resulting from modifications of FOLIO7 TOOLS that have a detrimental effect on any user’s files or operating systems, and from damages resulting from utilization of the INKBOX trademark and copyrighted material without the permission of THE INKBOX CO.
The terms of the disclaimer statement and defect notice, both of which follow, may change at any time for any specific user or groups of users at the sole discretion of THE INKBOX CO. for any legal purpose. If the user does not agree with such a change, then the user may cancel his license with THE INKBOX CO.
An edited version of the copyright notice, license agreement, and disclaimer statement that you are now reading was originally posted on February 25, 1995 at 10:33 AM and subsequently updated on the date that this file was last saved. The release of this revised statement has been many times, but the particular version you are reading now is dated on or about January 1, 2017.
4.0 BUSINESS LICENSE
Registered users receive:
(1) One and only one installation of FOLIO7 TOOLS that operates beyond a 10 day free evaluation period.
(2) The option to purchase extended support.
5.0 FUNDAMENTAL ASSUMPTIONS
No inference or implication can be drawn that THE INKBOX CO. and/or its agents wrote this copyright notice, license agreement, and disclaimer for the purpose of creating a non-reciprocal agreement. Rather, the entire agreement reflects an equitable, mutually agreeable and beneficial relationship between the company and user(s). Users received specialized software. Users pay no fees to use the software to determine its applicability to their needs and pay a registration fee only when they begin to use the software. Because the THE INKBOX CO. is using shareware distribution of its product, it cannot warrant the integrity of FOLIO7 which were distributed by other persons than the Inkbox Company.
Thus, this program is based on a fundamental idea of individual responsibility. If this product fails to satisfy your individual needs, then do not use it. It is entirely your own decision to use this product. If you use this product, you alone are responsible for any results that occur. If you do not agree with this idea of individual responsibility for your actions, then you should not use this product.
THE INKBOX CO. or/and its agents are held faultless and harmless from all liability, cost and expense, including legal fees of any and all defects, alterations, omissions, modifications or additions to FOLIO7 that arise while using, supporting, selling, modifying, copying, programming, authoring, distributing, writing, drawing, and/or using this product in any manner.
A defect includes, but is not limited to incomplete, omitted, inaccurate or corrupt data, transcription errors, incorrect support, a copyright or other intellectual property infringement, a defective or damaged disk or other electronic medium that damage, alter or/and cannot be read by your equipment or other software.
8.0 LOUISIANA CIVIL CODE
The revised statues of the state of Louisiana shall govern the interpretation of this document. Proceedings resulting from the license will occur in the 14th Judicial District of state of Louisiana or in the Western District of the Federal US Courts.
THE INKBOX CO. and any other person involved in distributing and/or selling this software and support disclaims all liability for defects, damages, costs and expenses including legal fees.
FOLIO7 TOOLS and user support are provided to you “as-is”. No other warranties of any kind, express or implied, are made as to FOLIO7 TOOLS including but not limited to warranties of merchantability or fitness for a particular purpose.
There are no remedies for negligence or breach of warranty or contract, including but not limited to indirect, consequential, punitive or incidental damages, even if notice is given of the possibility of such damages might occur.
10.0 ADDITIONAL RIGHTS
Some states do not allow disclaimers of implied warranties or the exclusion or limitation of consequential damages, so the above disclaimers and exclusions may not apply and you may have additional legal rights.
If you intend to claim any additional legal rights than those listed in this document, you are to immediately notify THE INKBOX CO. of your intent to claim additional rights, cease all use of FOLIO7 TOOLS, delete FOLIO7 TOOLS from computer(s) where FOLIO7 TOOLS are installed and/or stored, and retain ownership of a single copy of FOLIO7 TOOLS for future reference.
If you are a licensed user and the original purchaser of FOLIO7 TOOLS and/or you intend to claim additional rights than those described in this agreement and/or you find a defect in FOLIO7 TOOLS, then you may seek to return the original Folio7.
To be eligible for a refund of the original purchase price from THE INKBOX CO., you must have: purchased FOLIO7 TOOLS from THE INKBOX CO., and returned FOLIO7 TOOLS within 30 days of receipt, and write a short explanation for requesting a return.
THE INKBOX CO. is responsible for refunds only if FOLIO7 TOOLS are purchased directly from THE INKBOX CO. The time limited refund shall constitute the single and only recourse for any claims against THE INKBOX CO. In no case is THE INKBOX CO. responsible for refunds if it did not act as the original seller to the original end user.
If you purchased FOLIO7 TOOLS from an authorized agent or dealer of THE INKBOX CO., then that agent or dealer may interpose other conditions for a refund. If you would like to verify the status of any person, organization, or company claiming to be an authorized agent or dealer of FOLIO7 TOOLS, you should contact THE INKBOX CO. If you would like to determine the authorized agent’s or dealer’s return policy, you should request an explanation before purchasing the FOLIO7 TOOLS. Let the buyer beware.
The venue for all discussions, hearings, claims, court appearances, and litigation arising out of this agreement is to be selected by THE INKBOX CO. The venue may be an actual location in physical space (as required by law), a virtual location in cyberspace, and/or a telephone conference. THE INKBOX CO. may determine at its sole discretion the validity of the method of transmission of messages between claimants except when not specified by existing laws.
In the event of unsuccessful litigation and/or claims against THE INKBOX CO. and/or its agents arising out of this agreement, the person(s) or company or companies bringing the claim agrees to reimburse THE INKBOX CO. and/or its agents for any and all costs incurred by THE INKBOX CO. and/or its agents as part of the unsuccessful claim, specifically including but not limited to legal expenses, THE INKBOX CO. personnel’s professional time at a rate per hour currently charged for professional services, travel expenses, programming expenses, software expenses, hardware expenses, clerical expenses, communication expenses, accounting expenses, court expenses, expert witness fees, disruption of business expenses, increased business costs, increased insurance costs, and other reasonable costs. The reimbursement shall be paid without contest by either THE INKBOX CO. or claimant. Expenses shall be determined by a third party mutually agreeable to both user(s) and THE INKBOX CO. The validity of expenses shall be determined by a third party using generally recognized, widely acknowledged, valid accounting practices as used by publicly owned, major, North American corporations.
The selection of the third party shall be timely. If more than two (2) weeks elapse since the rendering of a decision in an unsuccessful claim against THE INKBOX CO. and the selection of the third party has not been made for any reason, then a certified public account shall be selected by THE INKBOX CO. The selection of such a certified account shall be at the sole discretion of THE INKBOX CO.
The invalidation of any part or parts of the license agreement you are now reading by a juridical authority does not invalidate the remaining parts of the agreement.
This license agreement you are now reading is copyrighted by THE INKBOX COMPANY, 1994-2017.
Folio7 License Agreement Folio7.com : An AutoCAD Plug-In
December 23, 2016 Version 7-0 Page 4 of 5