Mass Intentions Scheduling & Tracking Software

©2008-2017 Copyright Clar Software Services, LLC. All rights reserved.

Clar Software Services, LLC
www.clarsoftware.com

 

P.O. Box 628

Prescott, AZ 86302

©2008-2017 Copyright Clar Software Services, LLC. All rights reserved.

Sales & Support

Call (928) 541-1287

User’s Guide

Version 5.0.1

©2008-2017 Copyright Clar Software Services, LLC. All rights reserved.

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End User License Agreement (EULA)

 

Clar Software Services, LLC (herein known as the company) software license agreement:

Mass Intentions Scheduling & Tracking Software (herein known as the software) end user license terms:

 

RETAIL LICENSE TERMS

These license terms are an agreement between the company and you.  Please read them.  They apply to the software that accompanies these license terms, which includes the media on which you received it, if any.  The terms also apply to any company

• updates,

• supplements,

• Internet-based services, and

• support services

for this software, unless other terms accompany those items.  If so, those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.  IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.  INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT.  If you cannot obtain a refund there, contact the company serving your country for information about the company’s refund policies. In the United States and Canada, call (928) 541-1287 or see www.clarsoftware.com.

 

AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND FOR INTERNET-BASED SERVICES.

IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.

1.        OVERVIEW.  These license terms permit installation and use of one copy of the software on one device, along with other rights, all as described below.

2.        INSTALLATION AND USE RIGHTS.  Before you use the software under a license, you must assign that license to one device.  That device is the “licensed device.”  A hardware partition or blade is considered to be a separate device. 

a.        Licensed Device.  You may install and use one copy of the software on the licensed device.

b.        Portable Device.  You may install another copy on a portable device for use by the single primary user of the licensed device.

c.         Separation of Components.  The components of the software are licensed as a single unit.  You may not separate the components and install them on different devices.

3.        ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.

a.        Remote Access. The single primary user of the licensed device may access and use the software installed on the licensed device remotely from any other device.  You may allow other users to access the software to provide you with support services.  You do not need additional licenses for this access. No other person may use the software under the same license at the same time for any other purpose.

b.        Media Elements and Templates.  You may copy and use images, clip art, animations, sounds, music, shapes, video clips and templates provided with the software and identified for such use in documents and projects that you create.  You may distribute those documents and projects non-commercially.  If you wish to use these media elements or templates for any other purpose, contact the company to learn whether that use is allowed.

c.         Font Components. While the software is running, you may use its fonts to display and print content. You may only

• embed fonts in content as permitted by the embedding restrictions in the fonts; and

• temporarily download them to a printer or other output device to help print content.

d.        Multiplexing.  Hardware or software you use to

• pool connections, or

• reduce the number of devices or users that directly access or use the software

(sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses you need.

e.        Trial and Conversion.  Some or all of the software may be licensed on a trial basis.  Your rights to use trial software are limited to the trial period.  The trial software and length of the trial period are set forth during the activation process.  You may have the option to convert your trial rights to subscription or perpetual rights.  Conversion options will be presented to you at the expiration of your trial period.  After the expiration of any trial period without conversion, most features of the trial software will stop running.  At that time you can continue to open, view and print any documents you created with the trial software.

f.         Subscription Software.  If you licensed the software on a subscription basis, your rights to use the software are limited to the subscription period.  You may have the option to extend your subscription or convert to a perpetual license.  If you extend your subscription, you may continue using the software until the end of your extended subscription period.  See the software activation screens or other accompanying materials for subscription details.  After the expiration of your subscription, most features of the software will stop running.  At that time you can continue to open, view and print any documents you created with the

7.        SCOPE OF LICENSE.  The software is licensed, not sold. This agreement only gives you some rights to use the software.  THE COMPANY and if applicable your manufacturer, reserve all other rights.  Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement.  In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.  For more information, see www.clarsoftware.com/MIS/.  You may not:

• work around any technical limitations in the software;

• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;

• publish the software for others to copy;

• use the software in any way that is against the law;

• rent, lease or lend the software; or

• use the software for commercial software hosting services.

8.        BACKUP COPY.  You may make one backup copy of the media.  You may use it only to reinstall the software.

9.        DOCUMENTATION.  Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

10.       NOT FOR RESALE SOFTWARE.  You may not sell software marked as “NFR” or “Not for Resale.”

13.       UPGRADE OR CONVERSION.  To upgrade or convert software, you must first be licensed for the software that is eligible for the upgrade or conversion.  Upon upgrade or conversion, this agreement takes the place of the agreement for the software you upgraded or converted from.  After you upgrade or convert, you may no longer use the earlier version of the software you upgraded or converted from.

14.       PROOF OF LICENSE.

a.        Genuine Proof of License.   If you acquired the software on a disc or other media, a genuine THE COMPANY proof of license label with a genuine copy of the software identifies software licensed under the terms of this agreement. To be valid, this label must appear on THE COMPANY packaging.  If you receive the label separately, it is invalid. You should keep the packaging that has the label on it to prove that you are licensed to use the software.  If you acquire the software without a disc or other media, your proof of purchase and any accompanying collateral from your merchant identifying the software is your proof of license. Proof of purchase may be subject to verification by your merchant’s records.

b.        Upgrade or Conversion License.  If you upgrade or convert the software, your proof of license is identified by

• the genuine THE COMPANY proof of license for the software you upgraded or converted from; and

• proof of purchase and any accompanying collateral from a merchant identifying the software you upgraded or converted to. Proof of purchase may be subject to verification by your merchant’s records.

c.         To identify genuine THE COMPANY software, see www.clarsoftware.com/MIS/.

15.       REASSIGN TO ANOTHER DEVICE.  You may reassign the license to a different device any number of times, but not more than one time every 90 days.  If you reassign, that other device becomes the “licensed device.”  If you retire the licensed device due to hardware failure, you may reassign the license sooner.

16.       TRANSFER TO A THIRD PARTY.  The first user of the software may make a one-time transfer of the software, and this agreement, directly to a third party.  The first user must uninstall the software before transferring it separately from the device.  The first user may not retain any copies. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software.  The transfer must include the proof of license.   If the software is an upgrade, any transfer must also include all prior versions of the software.

17.       EXPORT RESTRICTIONS.  The software is subject to United States export laws and regulations.  You must comply with all domestic and international export laws and regulations that apply to the software.  These laws include restrictions on destinations, end users and end use.  For additional information, see www.clarsoftware.com/MIS/.

18.       SUPPORT SERVICES.  The company provides support services for the software as described at www.clarsoftware.com/MIS/.

19.       ENTIRE AGREEMENT.  This agreement (including the warranty below), any addendum or amendment included with the software, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

20.       APPLICABLE LAW.

a.        United States.  If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.  The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b.        Outside the United States.  If you acquired the software in any other country, the laws of that country apply.

21.       LEGAL EFFECT.  This agreement describes certain legal rights.  You may have other rights under the laws of your state or country.  You may also have rights with respect to the party from whom you acquired the software.  This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

22.       LIMITATION ON AND EXCLUSION OF DAMAGES.  YOU CAN RECOVER FROM THE COMPANY AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to

• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if

• repair, replacement or a refund for the software does not fully compensate you for any losses; or

• The company knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.  They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

***********************************************************************************************************************************************************************************************************************************

LIMITED WARRANTY

A. LIMITED WARRANTY.  If you follow the instructions, the software will perform substantially as described in the company materials that you receive in or with the software. 

B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES.  THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER.  IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER.  If the first user transfers the software, the remainder of the warranty will apply to the recipient.

TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY.  Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you.  They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.

C. EXCLUSIONS FROM WARRANTY.  This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond the company’s reasonable control. 

D. REMEDY FOR BREACH OF WARRANTY.  THE COMPANY WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE.  IF THE COMPANY CANNOT REPAIR OR REPLACE IT, THE COMPANY WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE.  IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE.  IF THE COMPANY CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY.  YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO THE COMPANY WITH PROOF OF PURCHASE TO OBTAIN A REFUND.  THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.

E. CONSUMER RIGHTS NOT AFFECTED.  YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.

F. WARRANTY PROCEDURES.  You need proof of purchase for warranty service.

1. United States and Canada.  For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact THE COMPANY at

• (928) 541-1287;

• Clar Software Services, LLC, P.O. Box 628, Prescott, AZ 86302; or

• visit www.clarsoftware.com/MIS/.

G. NO OTHER WARRANTIES.  THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM THE COMPANY.  THE COMPANY GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.  WHERE ALLOWED BY YOUR LOCAL LAWS, THE COMPANY EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.

H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY.  THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.

 

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