Moneytree Software End-User Licensing Agreement (EULA)

This is a legal agreement (“License Agreement”) between the (“Licensee”) and Moneytree Software, An Accutech Company (“Moneytree Software”), for the software product identified above, which includes but is not limited to any form of the Software-as-a-Service (“SaaS”), computer software, associated media, printed materials, and “online” or electronic documentation thereto, copies, modifications, enhancements, revisions or updates thereof (collectively, the “Software”). By accessing, downloading, installing, copying, or otherwise using the Software, the Licensee agrees to be bound by the terms of this License Agreement. If the Licensee does not agree to the terms of this agreement; Licensee may not access, install and/or use the Software. The Software is licensed, not sold.

DEFINITIONS:

“Licensee” means an individual or company who originally registered the Software.

“Assistant” means a person who assists the Licensee in the creation of financial plans.

“Auxiliary Installation” means additional licensed for access, download or installation allowed for use by the primary licensee or an assistant.

“Demo License” means a license granting the access, download or installation and use of the Software for the sole purpose of demonstrating the Software’s capabilities.

“Planner License” means a license that grants a Licensee to access, download or install and use the Software in accordance with this License Agreement.

“License Pack” means a license that grants the Licensee a license to access, download or install a specified number of copies of the Software in accordance with this License Agreement.

“Support Maintenance Agreement” means technical support, by telephone and/or email, and Software updates for the period the subscription portion of a license has not expired. Unless specified by the license, this is not included as part of the license.

GRANT OF LICENSE

The Software is licensed, not sold. This License Agreement grants the Licensee a nonexclusive and limited license to use the Software solely in accordance with the terms and conditions of this License Agreement.

INSTALLATION AND USE

Licensee’s use of the Software is governed by the terms of this License Agreement. Only the Licensee is granted a license to access, download or install and use the Software in accordance with this License Agreement. Licensee may not transfer or share this License Agreement.

Use of Software:

Licenses granted by Moneytree Software may have a finite number of program executions and/or time limitations the Software will be able to execute.

A License grants the Licensee use of one (1) copy of the Software for each License owned. If Desktop Version of Moneytree Software is purchased, then License grants the Licensee use of one installed copy of the Software on one computer for each License owned.

The Software license may not be transferred by sale, gift, or loan without the express written consent of Moneytree Software. Any such transfer shall be considered a violation of this Licensing Agreement resulting in the termination of the Software license.

Desktop Version ONLY – Software updates for licensed software are available while Licensee maintains a Support Maintenance Agreement subscription. Software updates attempted or performed outside the terms of a Support Maintenance Agreement may cause installed software to cease operation permanently. Attempts to obtain software updates outside the terms of the Support Maintenance Agreement voids the license to use the software.

Mandatory Activation:

Licensee may be unable to exercise rights to the Software under this License Agreement after a finite number of product launches and/or period unless activation of the Software is done in the manner described during the launch sequence and/or while using the Software.

CUSTOMER SERVICE AND SUPPORT

With exception of a Demo License, when the Licensee purchased the Software license, the Licensee was enrolled for a 12-month Moneytree Software Support Maintenance Agreement. Provided the Support Maintenance Agreement has not expired or been terminated, the Licensee is entitled to the updates and technical support that the Support Maintenance Agreement offers.

RESTRICTIONS

Licensee may not alter, merge, modify or adapt this Software in any way including disassembling or reverse engineering. Licensee may not loan, rent, lease, or license this Software or any copy.

COPYRIGHT

All intellectual property rights in the Software, Software documentation and Software output are owned by Moneytree Software and are protected by United States and Canadian copyright laws, other applicable copyright laws, and international treaty provisions. Moneytree Software retains all rights not expressly granted. No part of this program, calculations, output, or reports may be used within or as a basis for any derivative work or product.

LIMITED WARRANTY

Moneytree Software warrants the media on which the Software is distributed is free from defect in materials and workmanship for sixty (60) days from the date of purchase. Moneytree Software will replace defective disks for the first sixty days, upon return of the defective item.

Except as specifically provided herein, Moneytree Software makes no warranty or representation, promise or guarantee, either express or implied, statuary or otherwise, with respect to this Software or documentation, including quality, performance, merchantability, or fitness for a particular purpose.

The warranty and remedies set forth herein are exclusive and in lieu of all other, oral, written, express or implied. No Moneytree Software employee, agent, or distributor is authorized to make modifications or additions to this warranty.

INDEMNIFICATION

Moneytree Software will defend, at its expense, any action brought against Licensee on a claim that the Software infringes on a United States patent, copyright, or trade secret and Moneytree Software will pay all damages and costs finally awarded against Licensee in such actions, provided that Moneytree Software is promptly notified in writing of any such claim or suit, and Moneytree Software is given full authority, information and assistance necessary to control the defense and/or settlement of any such action. Moneytree Software shall not be liable for any costs or expenses incurred by Licensee without prior written authorization from Moneytree Software.

Notwithstanding anything to the contrary in this License Agreement, in the event the Software becomes, or in the judgment of Moneytree Software, is likely to become, the subject of a claim of infringement, Moneytree Software may, at its discretion, either (a) obtain for Licensee the right to continue using the Software, (b) replace/modify the Software to make it non-infringing Software with substantially comparable performance, or (c) immediately terminate this License Agreement.

Notwithstanding the foregoing, Moneytree Software shall not defend nor be liable for any claim of infringement to the extent such claim is based on or related to (i) the use or combination of the Software with any software, data products, processes, or materials not supplied by Moneytree Software, (ii) any modification of the Software, (iii) the use of other than the latest available release of Licensed Software, (iv) Licensee’s continuation of the activity or use constituting or contributing to the infringement after notification thereof from Moneytree Software, (v) any breach by Licensee of any provision of this License Agreement, or (vi) any negligent act or omission by Licensee.

LIMITATION OF LIABILITY

Because Software is inherently complex and may not be completely free of errors, Licensee is advised to verify work and to make backup copies of client data. Projection results are based on information and assumptions provided by the user and should be reviewed for accuracy and soundness. In no event shall Moneytree Software be liable to the Licensee or any party claiming through Licensee for any damages or expenses of any type, including but not limited to any indirect, special, incidental, economic, cover or consequential damages arising out of the use or inability to use the Software, even if advised of the possibility of such damages. Except for Moneytree Software’s obligations set forth under INDEMNIFICATION above, Moneytree Software’s liability for damages in no event shall exceed the fee paid by the Licensee for the right to use the Software.

TERM

Commencing on the day of your Purchase, this License Agreement will continue for a period of one (1) year (Initial Term). Unless you provide Moneytree with written notice (by email below) at least thirty (30) days but not more than ninety (90) days prior to the end of the Initial Term (or any Renewal Term) that you intend not to renew, then this License Agreement, shall automatically renew for an additional period of one (1) year (a Renewal Term), subject, however, to Moneytree’s right not to agree to such Renewal Term which is communicated to you no later than one hundred twenty (120) days after the date which the Renewal Term commences (the Initial Term and each subsequent Renewal Term, collectively the Term). Payments during any Renewal Term shall be automatically adjusted to Moneytree’s then prevailing fees for a license for the Software (or any successor software) provided thereunder upon the commencement of such Renewal Term. Improper notice hereunder will be deemed invalid, non-effective, and null and void.

You shall not be entitled to any refund or other money upon termination of this EULA, no matter what the reason.

Refund Policy:

Moneytree Software provides a 14-day evaluation of our software. This allows you to access, download or install the programs, enter real client cases, print the reports and present them to your client. They will not say “Evaluation” or “Sample” on the pages, so you can try them with real clients to get their reaction before making a purchase decision.

After your purchase and after your check or credit card is approved (Purchase), there will be no refunds given. We urge you to utilize our technical support staff during the trial period. Please access and test the trial versions of our software before making a purchase.

Any questions or comments regarding the refund policy may be submitted to sales@moneytree.com.

TRADEMARK NOTIFICATION

Moneytree Software, Moneytree Plan, Moneytree Advise, Aspire Reports, Prosper Reports, TOTAL Planning System, TOTAL Planning Suite, Golden Years, Easy Money, Strategic Solutions, Silver Financial Planner, Silver Retirement Planner, TOTAL Planning System Server, Quick Entry Wizard and Secure Online Planning Survey are Trademarks of Moneytree Software.

Updated: July 20, 2021

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