Software Subscription Agreement
The Complete AAP© and The Complete AAP Pro© Software is licensed on a subscription basis. This Agreement contains the terms and conditions for licensing of the Software from Yocom & McKee Inc. and its employees and any subsidiaries, affiliates, licensors, successors, and third-party content or service providers (Yocom & McKee) to you. Installation and use of the Software indicates that you have read and understand this Agreement and accept its terms and conditions. Do not install and/or use the Software until you have carefully read the following Agreement. This Agreement applies to all current and future versions and maintenance releases of the Software and any services or content made available through the Software. If you do not agree with this Agreement, promptly cancel the installation of the Software and delete all files from your machine that were downloaded or installed in connection with the Software.
TERMS AND CONDITIONS
Subscription Terms. Purchase of a subscription entitles you to a limited non-exclusive license to use the Software on a single computer during the subscription period. You may make one (1) backup copy of the Software installation files solely for the purpose of reinstalling the Software, if needed, on a single computer used by you. The Software may be installed on a network server or a workstation. Yocom & McKee may record computer identification and Software usage error information for the sole purpose of Software debugging and administration of this subscription service.
Additional Terms. Internet connection and the ability to download files from the website of Yocom & McKee Inc. may be necessary for the full use of the Software and all services and content made available through the Software. It is strictly prohibited to give copies to a person who has not purchased the appropriate subscription license for the Software; to install the Software on more than one computer per subscription, or on computers used by individuals who have not purchased the appropriate subscription licenses for the Software; or to duplicate or distribute the Software by any other means including electronic transmission.
The Software in its entirety is protected by the copyright laws. The Software also contains Yocom & McKee trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form or disable any functionality that limits the use of the Software. You may not modify, adapt, translate, rent or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis), assign, loan, resell, or distribute the Software, disk(s), or related materials or create derivative works based upon the Software or any part thereof. You may not copy or modify the Software in whole or part, or use trade secret information contained in the Software.
Transfer of Subscription. If your company is, or substantially all of its assets are, acquired by or merged into another company or sole proprietorship, please contact Yocom & McKee regarding transferring your license to the new company.
Termination of Subscription. This Agreement may be terminated by Yocom & McKee immediately and without notice if you fail to comply with any term or condition of this Agreement. This Agreement will also terminate immediately and without notice upon the expiration of the subscription period. Upon such termination, you must immediately destroy all complete and partial copies of the Software, including all backup copies. Backups of Affirmative Action Plan data do not have to be destroyed pursuant to this paragraph.
LIMITED WARRANTY. YOCOM & MCKEE WARRANTIES THAT PROPER USE OF THE SOFTWARE WILL SATISFY THE AFFIRMATIVE ACTION REQUIREMENTS OF E.O. 11246 AND IT’S IMPLEMENTING REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SOFTWARE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF CHANGES IN LAWS AND REGULATIONS THAT AFFECT YOU AND YOUR BUSINESS.
DISCLAIMER OF WARRANTIES. EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES OR CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOCOM & MCKEE DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SOFTWARE, DISKS, RELATED MATERIALS AND ANY SUCH SERVICES OR CONTENT, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, SECURITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT.
YOCOM & MCKEE DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES YOCOM & MCKEE WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SOFTWARE OR CONTINUED ACCESS TO THE SOFTWARE OR TO THE DATA ENTERED INTO THE SOFTWARE AFTER THE SPECIFIED PERIOD OF TIME OF THE SUBSCRIPTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.
THIS PRODUCT AND ANY RELATED SERVICES OR CONTENT ARE DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT YOCOM & MCKEE AND ITS EMPLOYEES ARE NOT YOUR LEGAL REPRESENTATIVES IN ANY OFCCP COMPLIANCE REVIEW, OR OTHER CASE, CLAIM, CONTROVERSY, OR ISSUE THAT MAY ARISE. IF SUCH LEGAL REPRESENTATION IS REQUIRED, THE SERVICE OF OTHER COMPETENT LEGAL COUNSEL SHOULD BE SOUGHT.
LIMITATION OF LIABILITY AND DAMAGES. THE ENTIRE LIABILITY OF YOCOM & MCKEE AND ITS EMPLOYEES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SUBSCRIPTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOCOM & MCKEE IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
General Provisions. This Agreement sets forth Yocom & McKee’s entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and Yocom & McKee with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software.
This Agreement does not limit any rights that Yocom & McKee may have under trade secret, copyright, patent, trademark or other laws. The Representatives of Yocom & McKee are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Yocom & McKee, other than in writing signed by an officer of Yocom & McKee. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Colorado law, except as to copyright patent and trademark matters, which are covered by federal laws.
Yocom & McKee Inc, the Yocom & McKee Inc. logo, The Complete AAP, The Complete AAP Pro, among others, are registered trademarks and/or registered service marks of Yocom & McKee Inc. in the United States and other countries. Other parties' trademarks or service marks are the property of their respective owners and should be treated as such.
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