This License Agreement is a legal agreement that you (either an individual or a single entity) have accepted for the Retirement Analyzer software product, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this License Agreement.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
This is a License Agreement and not an Agreement for Sale.
Thomas Gold Solutions, LLC retains exclusive title and ownership of any copy of the SOFTWARE licensed under this License Agreement. Based on your making full payment of any required amounts, Thomas Gold Solutions, LLC hereby grants to you a non-exclusive, nontransferable license to use the SOFTWARE pursuant to the terms and conditions of this License Agreement. From the date of receipt, you agree to use reasonable effort to protect the SOFTWARE from unauthorized use, reproduction, distribution or publication.
This License Agreement grants you the following rights:
-You may use one copy of the Product on a single computer for your use as a financial adviser. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed.
-Solely with respect to electronic documents included with the SOFTWARE, you may make an additional copy (either in hard copy or electronic form), provided that such copy shall be used only for internal purposes and is not republished or distributed to any third party.
-You may use the SOFTWARE for your internal business and commercial operations only in advising your clients.
Except as expressly licensed to you in this License Agreement, Thomas Gold Solutions, LLC retains all rights, title and interest in and to the SOFTWARE PRODUCT.
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 its suppliers. 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 either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes or (b) 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.
-Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
-You must not sell, rent, lease, sublicense, lend, time-share or transfer, in whole or in part, or provide unlicensed Third Parties access to prior or present versions of the SOFTWARE, any updates, or your rights under this License Agreement.
-You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT
-Termination. Without prejudice to any other rights, Thomas Gold Solutions, LLC may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT.
THOMAS GOLD SOLUTIONS, LLC DOES NOT WARRANT THE ACCURACY OF ANY STATISTICS OR INFORMATION GATHERED OR PROVIDED BY THIS SOFTWARE.
The software and related manual are provided "as is." The supplier reserves the right to make changes to any and all parts of the software at any time without notice.
THOMAS GOLD SOLUTIONS, LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT.
IN NO EVENT SHALL THOMAS GOLD SOLUTIONS, LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS EXPENDITURES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF THOMAS GOLD SOLUTIONS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY. You agree to indemnify and hold Thomas Gold Solutions, LLC, its managers, members and employees harmless from and against any and all claims, damages, costs, expenses (including, but not limited to, reasonable attorneys’ fees and costs) or liabilities to the extent such claims, damages, costs, expenses or liabilities result from your negligence or misconduct arising from or related to your use of the SOFTWARE in your business.
As an independent agent, you are responsible for the compliant, accurate and suitable use of this software. Please make sure the output and presentation of this software is in compliance with your state laws, applicable carrier requirements, broker- dealer rules (if applicable) and within the authorizations of your license and/or registrations. You should seek legal advice on recommended disclosures or disclaimers for your particular line of business in the states in which you do business.
