The xlCurves End User License Agreement

Last Updated: January 1, 2019

IMPORTANT: THIS END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND CHAI & ASSOCIATES LLC (“CHAI”) FOR THE SOFTWARE PRODUCT XLCURVES FOR MICROSOFT® EXCEL, WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND ONLINE OR ELECTRONIC DOCUMENTATION (“SOFTWARE”). BY INSTALLING, DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE, AND DESTROY ALL COPIES.

THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY CHAI HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.

COPYRIGHT

All rights, titles, and interest in and to the Software are owned by Chai. The Software is protected by copyright and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed to You on a limited basis as prescribed in the SCOPE OF LICENSE section, not sold. No title to the intellectual property in the Software is transferred to You.

SOFTWARE EDITIONS

The Software exists in two editions: The “Trial” Edition and “Licensed” Edition. Both editions are subject to this Agreement. The Trial Edition is the same as the Licensed Edition, with one exception: The functions return #VALUE! in place of the actual computed result. The Trial Edition is intended for evaluation purposes only. The license for the Licensed Edition does not expire, and there is no annual renewal fee.

SOFTWARE DISTRIBUTION

Any and all distribution of the Licensed Edition of the Software is prohibited. Not-for-profit distribution of the Trial Edition of the Software is permissible, on condition that the software is not altered in any way and is distributed in its entirety. Electronic transfer, renting, leasing, loaning, selling, or distributing of the Trial Edition for profit in any form, including but not limited to bulletin board distribution, magnetic, or optical medium distribution is not permitted without the written consent of Chai.

SOFTWARE ACTIVATION

The licensed Software must be activated before it is functional. The activation requires internet access to our software license management system. The license manager collects information about Your computer, including a unique computer identifier. The manager also collects information about Your version of Microsoft Windows and Microsoft Excel, Your IP address, and Your name / organization / e-mail address. The information collected is held in the strictest confidence, it would not be shared or sold.

SCOPE OF LICENSE

A licensee may install the Software on up to 2 computers per license, such as on a desktop and on a laptop, subject to the condition that only one system will be in use at any given time. Installing the Software on business/office computer and on home computer would require separate license. Installing the Software for multiple users on a single computer would require a license for each user. The Software can not be installed on the network, on the virtual machine, or on the cloud. The license is strictly not transferable to another party. A licensee may make reasonable number of backup copies of the Software for archival purposes.

The Software may be transferred from one computer to another computer; the Software must be un-installed and de-activated from the first computer, before initialing the Installation and activation of the Software on the second computer.

TERMINATION OF LICENSE

The License is effective until terminated. You may terminate the License at any time by un-installing and de-activating the licensed Software, and permanently destroy all copies of the Software. Your license to the Software will terminate automatically if You fail to comply with any term or condition of the Agreement. In this case Your license(s) for the Software will be revoked. Upon termination, You agree to destroy all copies of the Software.

SOFTWARE UPGRADES

Chai reserves the right to charge an upgrade fee in the case of major new enhancements or additions to the Software. You can then, at Your option, upgrade to the latest version. If the Software is labeled as an upgrade, You must be properly licensed to use the product identified by Chai as being eligible for the upgrade. Software labeled as an upgrade replaces and/or supplements the product that formed Your eligibility for the upgrade. You may use the resulting updated Software only in accordance with the terms of this EULA.

SOFTWARE MODIFICATION

Modification, or alteration of the Software, any edition, including but not limited to decompiling, disassembling, reverse engineering, or the creation of works arising from the Software is prohibited. You will use Your best efforts to prevent Your employees and contractors from attempting to reverse engineer, disassemble, decompile/compile, modify, translate, investigate, or otherwise study the Software in whole or in part. The Software is licensed as a single product. Therefore its components may not be separated in any possible way.

SOFTWARE LIMITATION

Chai does not guarantee that the Software will run in every environment, on any Microsoft Windows compatible machine, future releases of Microsoft Windows or Microsoft Excel, or together with any other application, without producing errors. Further, Chai does not warrant that the Software will be free from errors or will meet Your specific requirements. However, if a problem is discovered and reported, Chai will take reasonable measures to correct the problem. Chai cannot guarantee that the errors can be corrected.

LIABILITY DISCLAIMER

The Software is made available to You “AS IS” without warranties or conditions of any kind, whether oral or written, express or implied. In no event shall Chai be liable for any loss of profits, loss of business opportunities, loss of use of data, interruption of business, or for indirect, special, incidental, punitive, exemplary or consequential damages of any kind, arising out of the use, inability to use, or the results of use of the Software, whether based in contract, tort, or otherwise. Your use of the Software is entirely at Your own risk. Should the Software prove defective, You assume the entire cost of all service, repair or correction and, to the extent permitted by the applicable law, You agree to unconditionally waive all statutory or other rights that may be held by You against Chai in respect of such defect.

IMPROVEMENTS

All suggestions, feedback, comments, thoughts, ideas, new feature suggestions, new product suggestions, and enhancement ideas sent or given in any way to Chai become the property of Chai.

GOVERNING LAW

This Agreement should be governed by the laws of United States of America.