Sales
All sales are final. You are purchasing a non transferable Single User license.
Shareware License
NOTICE: By installing, operating, copying, distributing, or otherwise using "TFS – Software Products", you agree to the terms of this Shareware License Agreement. If you do not agree to the terms of this Agreement, DO NOT INSTALL "TFS - Software Products".
License. Conditioned on your honoring the terms of this Agreement, Terra Firma Software LLC ("TFS") grants you a non-exclusive, non-transferable license (the "License") to install and use TFS’s software products, including the accompanying user documentation and any later versions within the same major release series, for your personal, lawful, non-infringing use on up to one (1) personal computers or workstations in accordance with this Agreement. A separate License for each personal computer and workstation after the first or for which you do not personally use must be purchased.
Long Term License. If you register your copy of "TFS – Software Products" with TFS and pay the License Fee, the License will remain in effect perpetually unless terminated as provided below.
Trial Distribution.
a. You may provide copies of "TFS – Software Products" to others for their trial use so long as you: provide exact, unmodified copies of "TFS – Software Products" in the form of the self-installing .exe file or the ZIP file received from TFS, including all accompanying files, this Agreement, and all copyright, trademark, proprietary, and other notices;
b. do not charge or collect any monetary or other compensation for or in connection with "TFS – Software Products", apart from a modest reproduction or handling fee; and
c. reference TFS as the sole source of "TFS – Software Products" and reference the official TFS website www.go2tfs.com
Back-Up Copies. You may make up to one exact, unmodified copies of "TFS – Software Products" solely for your own back-up or archival use.
Prohibited Acts. You may not:
a. sublicense, sell, lease, permit use of, give, lend, distribute, release, provide access to, or in any way transfer "TFS – Software Products" or any copy or portion thereof, except for Trial Distribution as permitted above;
b. use "TFS - Software Products " to provide service bureau or time-sharing services to any other party;
c. make any copies of "TFS - Software Products " except as permitted herein;
d. modify, enhance, or prepare derivative works based on "TFS - Software Products ";
e. decompile, disassemble, reverse engineer, analyze, or otherwise attempt to discover the source code of "TFS - Software Products ";
f. use or incorporate "TFS - Software Products " or any portion thereof in any other product without the prior written permission of TFS; or
g. remove, alter, or obscure the copyright, trademark, proprietary, or other notices from "TFS - Software Products " or any of its screen displays.
Proprietary Rights. Title to, ownership of, and all copyrights and other intellectual property rights in "TFS - Software Products " and all copies thereof shall remain solely in TFS as owning exclusive rights to selling "TFS - Software Products ". "TFS - Software Products " are protected by U.S. copyright and other intellectual property laws and by international treaties. TFS reserves to itself all rights not expressly granted in this Agreement. No Warranty. "TFS - Software Products " and all related support and advice are provided "AS IS" and without warranty of any kind. TFS disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
Third Party Information. "TFS - Software Products " searches, and provides information from, various third party sources which are not practicable for TFS to verify. TFS makes no warranty, and shall have no liability, with respect to the accuracy, completeness, currency, usefulness, legality, non-infringement, or any other aspect of any third party information, images, files, programs, or other items obtained by means of "TFS - Software Products ".
Other Disclaimers. TFS does not warrant that "TFS - Software Products " will meet your specific needs or requirements, nor that "TFS - Software Products " will retrieve all the information you would like it to retrieve or believe it should retrieve, nor that the operation of "TFS - Software Products " will in all instances be uninterrupted or error-free. Because software is inherently complex and may not be completely free of errors, and because third party information has not been verified by TFS, you must verify all results before relying on them.
Exclusion of Damages. TFS shall not be liable for any direct, indirect, consequential, special, incidental, or other damages, including but not limited to damages for lost profits, interruption of business, lost or corrupted data or programs, system crashes, or diversion of system or other resources, arising out of or relating to this Agreement or the performance, quality, results, use of, or inability to use "TFS - Software Products " or any support, advice, products, or services which are or should have been provided to you, even if TFS has been advised of the possibility of such damages.
Technical Protection. "TFS - Software Products " may contain technical protections that restrict use to certain equipment, to a single personal computer or workstation, or to a certain time period, and may provide other restrictions, all of which shall be consistent with the License. TFS shall not be liable for any damages incurred as a result of such technical protections or the failure of "TFS - Software Products " to operate outside the scope of the License.
No Third Party Claims. TFS shall not be liable for any claim asserted against you by any other party, including but not limited to claims for infringement of copyright or other intellectual property rights.
Time to File Action. No action arising under or relating to this Agreement, to "TFS - Software Products ", or to any support, advice, products, or services which are or should have been provided to you, may be filed more than one year after the cause of action accrues.
Applicability. Some jurisdictions do not permit the exclusion or limitation of implied warranties or consequential damages, so some of the above exclusions or limitations may not apply to you.
Termination for Breach. TFS may terminate the License with or without cause at any time immediately and without notice if you materially breach any term of this Agreement or infringe any of TFS’s rights in "TFS - Software Products ".
Termination without Breach. TFS may terminate the License upon ten days written notice if TFS believes that your use of "TFS - Software Products " may infringe any third party rights. If such termination occurs within 24 months of your first installation of "TFS - Software Products ", TFS will provide you a modified, non-infringing version of "TFS - Software Products " and reinstate the License.
Duties on Termination. Immediately upon termination of the License, you must stop using "TFS - Software Products " and destroy all copies of "TFS - Software Products " within your possession, custody, or control.
No Assignment. You may not assign, sublicense, or otherwise transfer the License or any other rights arising under this Agreement. Any purported transfer in violation of this paragraph shall be void
Enforcement Costs. You agree to reimburse TFS for all costs, including reasonable attorney’s fees, incurred to enforce any of TFS’s rights under this Agreement or in "TFS - Software Products "or to defend any claims you assert unsuccessfully against TFS.
Severability. Any provision of this Agreement which is held to be unenforceable as written shall be enforced to the fullest extent permissible and shall not affect the validity of any other provision of this Agreement.
Governing Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware and the United States of America. All disputes arising under this Agreement or in connection with "TFS - Software Products " shall be resolved in the state or federal courts serving New Castle County, Delaware, except that actions for infringement of intellectual property rights may be brought in any court of competent jurisdiction.
Entire Agreement. This document states the complete, final, and exclusive agreement concerning your possession, operation, copying, distribution, and other use of "TFS - Software Products " and supersedes all earlier oral or written agreements, proposals, marketing materials, representations, promises, and other communications between you and TFS. The terms of this Agreement may only be amended, waived, or supplemented by a later writing signed by you and TFS.
Additional Information. If you have questions or desire additional information about "TFS - ", TFS, or TFS’s software use or privacy policies, please contact info@go2tfs.com.
