Homeschool Tracker™ Plus
Please read the following carefully before installing this software
This License Agreement (the “License Agreement”) is the contractual agreement between you and TGHomeSoft, LLC, a Pennsylvania Corporation (“TGHomeSoft”) regarding your use of the Homeschool Tracker Plus (the “Software”).
TGHomeSoft recommends that you read this License Agreement carefully if you wish to use the Software and be bound by the provisions within this License Agreement. TGHomeSoft also recommends that you print a copy of this License Agreement for your records. From time to time, TGHomeSoft may amend, revise or update this License Agreement. You are responsible for periodically reviewing this License Agreement, as you will be bound by such modifications. The amended License Agreement will be effective on the effective date indicated therein. If you have any questions about this License Agreement, please contact us at firstname.lastname@example.org.
1. Grant of License
TGHomeSoft hereby grants to you a limited, non-exclusive, nontransferable license during the Term of this License Agreement to access, download and use the Software for recordkeeping purposes only, and not for any other purpose (the “Software License”). You may download, use and display the Software on any machine(s) of which you are the primary user. You may not sell, lease, rent, sublicense, loan, assign, export or transfer in any other manner the Software or your Software License or any underlying software or technology of the same, nor may you create or have created derivative works of, or otherwise modify the same.
The Software License granted in this License Agreement authorizes you to download and use the Software for personal and non-commercial purposes for a single family only. Requests regarding any other use of the Software, including the use of the Software by companies or universities or on an enterprise-wide basis or for any other purpose should be directed to email@example.com.
2. Term and Termination
The Software License granted to you hereunder will become effective on the date you accept this License Agreement by clicking on the “I Agree” button below, and will remain in force until terminated by you or TGHomeSoft per this License Agreement (the “Term”). TGHomeSoft may immediately terminate this Agreement and the Software License if: (i) you breach any of the terms of this License Agreement, (ii) TGHomeSoft is unable to verify or authenticate any information you provide to us, or (iii) you materially breach any other obligation to TGHomeSoft under any other agreement between you and TGHomeSoft. You may terminate this Agreement and your Software License at any time by contacting us at firstname.lastname@example.org. At the end of the Term, you agree to: (a) cease using the Software, (b) delete and destroy the Software and any related software or materials in your possession or control and (c) permit TGHomeSoft to delete and destroy all data provided by you to TGHomeSoft in electronic or hard copy form.
3. Intellectual Property
TGHomeSoft and its licensors retain all right, title and interest in and to the Software and the System (defined below), including all world-wide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights, and all other rights in or relating to the Software (collectively, the “Intellectual Property”). You may use the Software and the System only as expressly permitted in this License Agreement and for no other purposes. The materials available through the Software are for personal use and may be downloaded or reprinted only for personal use. TGHomeSoft does not endorse any information accessible through the Software. TGHomeSoft also does not regularly monitor and cannot control information accessible through the Software.
4. Prohibited Uses
You warrant to TGHomeSoft that you have all legal rights and licenses necessary to accept this License Agreement and to use and access the Software. You further warrant to TGHomeSoft that you will use the Software only for your personal, non-commercial purposes. While using the Software, you agree not to violate or infringe upon the rights of any individual or third party, including, but not limited to Intellectual Property, publicity or privacy rights, or mount an attack against the System, attempt to gain root access or conduct any other activity intended to disrupt the System. In addition to the above prohibitions, you also agree not to reverse engineer, decompile, disassemble, copy, or otherwise attempt to discern the source code of the Software or any component of the Software.
5. Compliance with Laws
You will comply with all applicable laws, statutes, ordinances and regulations applicable to your use of the Software and the System (including without limitation those governing export control, unfair competition and antitrust). TGHomeSoft makes no representations that the Software or information that may be accessed through the Software is appropriate or available for use in other jurisdictions. Accessing informational materials from jurisdictions where the contents would be illegal is prohibited. If you choose to access materials from such locations, you do so at your own initiative and are responsible for compliance with local laws.
6. Governing Law and Jurisdiction
This License Agreement and your use of the Software and the System will be governed in all respects by the internal substantive laws of the Commonwealth of Pennsylvania and the United States, without regard to conflict of law's provisions (except as between Pennsylvania and United States law) and will not be governed by the United Nations Convention on the International Sale of Goods. You further submit to jurisdiction and venue in the state and federal courts located in the Commonwealth of Pennsylvania, Berks County, Cumru Township and further agree that any cause of action you may bring arising under your use of the Software or the System will be brought by you exclusively in a state or federal court located in the Commonwealth of Pennsylvania, Berks County.
7. No Warranty
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE AND ACCESS TO THE SYSTEM IS AT YOUR SOLE RISK. THE SOFTWARE AND THE SYSTEM ARE AVAILABLE STRICTLY ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TGHOMESOFT, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. TGHOMESOFT MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, TRUTHFULNESS, USEFULNESS, EFFECTIVENESS, RELIABILITY, OR SECURITY OF THE SOFTWARE OR THE SYSTEM AND ASSUMES NO LIABILITY OR RESPONSIBILITY THEREFORE.
TGHOMESOFT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE USE OF THE SOFTWARE OR ACCESS TO THE SYSTEM WILL BE TIMELY, COMPLETE, RELIABLE, ACCURATE OR ERROR-FREE OR THAT USE OF THE SOFTWARE SATISFIES ANY GOVERNMENT LAWS, REGULATIONS OR ORDINANCES CONCERNING THE MAINTENANCE AND REPORTING OF HOMESCHOOLING RECORDS. NO INFORMATION OR ADVICE OBTAINED THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE CONTENT ACCESSIBLE THROUGH THE SOFTWARE COMES FROM SOURCES BELIEVED TO BE ACCURATE, BUT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. TGHOMESOFT MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SOFTWARE.
You agree to defend, indemnify and hold harmless TGHomeSoft, its directors, officers and employees and its suppliers from and against any and all claims, damages, liabilities, judgments, costs and expenses (including attorneys’ and experts’ fees) resulting from your use of the Software or the System, your breach of any provision of this License Agreement and/or any intentional wrongdoing. TGHomeSoft reserves the right to report any wrongdoing, if TGHomeSoft becomes aware of it, to the appropriate government authorities.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TGHOMESOFT, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES, OR THIRD PARTY SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, OR DATA; ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; ANY ERRORS, OMISSIONS OR DEFECTS IN THE SOFTWARE; LOSSES FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE SOFTWARE OR THE SYSTEM, COMPUTER VIRUSES OR ANY BREACHES OF SECURITY) INCURRED BY ANYONE IN CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE OR THE SYSTEM IN ANY MANNER WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF TGHOMESOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL TGHOMESOFT’S TOTAL CUMULATIVE LIABILITY EXCEED $1,000. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
10. Other General Provisions
If any provision of this License Agreement is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Headings are for reference purposes only. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this License Agreement between any user and TGHomeSoft. This License Agreement is an agreement between you and TGHomeSoft and is not intended to be for the benefit of any third party. TGHomeSoft’s failure to act with respect to a breach by you or others does not waive TGHomeSoft’s right to act with respect to subsequent or similar breaches. By using the Software and accessing System, you represent and warrant that you can form legally binding contracts under applicable law. This License Agreement, and all writings incorporated by reference into this License Agreement, set forth the entire understanding and agreement between us with respect to the subject matter hereof. You may not assign or transfer your rights under this License Agreement without the prior written permission of TGHomeSoft. [If you are an employee of an entity that purchases a subscription to use the Software, this License Agreement will be superseded by the terms and conditions of such subscription, to the extent the subscription agreement expressly conflicts with this License Agreement.]
IF YOU ARE DISSATISFIED WITH THE SOFTWARE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SOFTWARE. YOU CONFIRM YOUR AGREEMENT TO USE VOLUNTARILY THE SOFTWARE SUBJECT TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BY CLICKING THE “I ACCEPT” BUTTON WHILE INSTALLING THE SOFTWARE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICESNE AGREEMENT, PLEASE CLICK THE “I DO NOT ACCEPT” WHILE INSTALLING THE SOFTWARE.