NANNYPAY2 GENERAL DISCLAIMER
NannyPay2 software is designed to calculate federal and state withholding taxes for domestic employees. Neither the software, nor the NannyPay2 online help, nor any accompanying documentation, is meant to provide, or to be construed as, tax or legal advice or counseling. Essentia Software Corporation ("Essentia") highly recommends that its software users seek advice from their tax accountant, tax lawyer, or other tax counselor before using NannyPay2 software. Essentia assumes no liability whatsoever for unpaid state or federal taxes, penalties, audits, business or personal losses, or any other damages arising out of the failure of any NannyPay2 end-user to seek professional tax advice. Essentia has made every effort to make NannyPay2 software as accurate and free from errors as possible; however, Essentia assumes no liability for unpaid state or federal taxes, penalties, audits, business or personal losses, or any other damages arising out of errors made by NannyPay2 software.
YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE NANNYPAY2 TAX TABLES TO ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THE TAX TABLES, AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE NANNPAY SOFTWARE. ESSENTIA DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE NANNYPAY2 TAX TABLES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE TAX TABLES WILL BE INTERRUPTION OR ERROR FREE. IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF TAX TABLE CHANGES THAT AFFECT YOU AND TO ENSURE THAT YOU FOLLOW THESE CHANGES BY LAW.
END-USER LICENSE AGREEMENT FOR ESSENTIA SOFTWARE - SOFTWARE PRODUCT LICENSE - NannyPay2 Public Release
IMPORTANT-READ CAREFULLY: This Essentia End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Essentia Software Corporation for the Essentia software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the SOFTWARE PRODUCT; you may, however, return it to Essentia for a full refund.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. EVALUATION, REGISTRATION AND DISTRIBUTION. This is not free software. The following license is applicable to all end-users, whether they have registered the SOFTWARE PRODUCT or are using the demonstration version during the evaluation period. To use the demonstration version of the SOFTWARE PRODUCT after the evaluation period, the end-user agrees to register it according to the included instructions. Unregistered use of the SOFTWARE PRODUCT after expiration of the evaluation period is a violation of copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
BY YOUR USE OF THE TRIAL VERSION OF THE NANNYPAY2 SOFTWARE PRODUCT, YOU UNDERSTAND AND AGREE THAT AFTER 30 DAYS, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE THE TRIAL SOFTWARE PRODUCT OR ANY DATA YOU HAVE ENTERED INTO SUCH TRIAL SOFTWARE UNLESS YOU PURCHASE THE RIGHT TO USE THE SOFTWARE PRODUCT.
The end-user is licensed to make as many copies of the unregistered compressed demonstration version of the SOFTWARE PRODUCT as he or she wishes so long as exact copies of the demonstration version, including all accompanying files and documentation, are distributed. The end-user is prohibited from charging, or requesting donations, for any such copies, and from distributing the SOFTWARE PRODUCT and/or documentation with other products, commercial or otherwise, without prior written permission from Essentia Software Corporation.
2. GRANT OF LICENSE. This Agreement grants you the following rights: You may install and use one copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, on a single computer.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
A. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
B. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
C. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
D. Software transfer. You may permanently transfer all of your rights under this Agreement, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, and this Agreement), and the recipient agrees to the terms of this Agreement.
E. Termination. Without prejudice to any other rights, Essentia may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Essentia. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5. TRADEMARKS. NANNYPAY® is a registered trademark of Essentia Software Corporation. Filemaker, Apple, Mac, Macintosh, Windows, Microsoft and other trademarks used herein and in the SOFTWARE PRODUCT are registered or non-registered trademarks of their respective owners. By agreeing to this License, you also agree to abide by the trademark rights of Essentia and all third-party trademark owners.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. MISCELLANEOUS
This product is intended only for use in the United States and with respect to the calculation of payroll taxes levied by the United States and the specified states and municipalities thereof. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Commonwealth of Pennsylvania and further agrees to commence any litigation, which may arise hereunder in the courts located in the Commonwealth of Pennsylvania.
Should you have any questions concerning this Agreement, or if you desire to contact Essentia for any reason, please write: Essentia Software Corp., 130 W. Main Street, Ste. 144-319 USA.
7. LIMITED WARRANTY. Essentia warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of SIXTY (60) days from the date of download or receipt, whichever is earlier, and (b) any Support Services provided by Essentia shall be substantially as described in applicable written materials provided to you by Essentia, and Essentia support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to sixty (60) days.
8. CUSTOMER REMEDIES. Essentia's and its suppliers' entire liability and your exclusive remedy shall be, at Essentia's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Essentia's Limited warranty and which is returned to Essentia with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Essentia does not warrant this software product in any manner for use outside the United States.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESSENTIA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISIONS OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ESSENTIA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ESSENTIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ESSENTIA'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.