SOFTWARE LICENSE AND LIMITED WARRANTY

This End-User License Agreement (“EULA”) is a legal agreement between you or your company (“You”) and Script Wizard Software. By downloading, installing or otherwise using this Software Product, You agree to be bound by the terms of this EULA.

LICENSE DETAILS
1.1 General License Grant to Install and Use This Software Product. You may install and use one (1) copy of the Software Product on a single computer, laptop or tablet. The license for the Software Product may not be shared. You may purchase multiple single-user licenses to use the Software Product on multiple computers.

1.2 Disallowed License Usages. This Software Product cannot be installed on a network server and may not be used concurrently on different devices under the same license. This limitation applies to Microsoft Office/365 group or ‘family’ subscriptions, as well as corporate or other business network installations of Office. Use of the Software Product for group distribution to multiple workstations or computers may be licensed under a separate bulk-licensing agreement.

1.3 Reservation of Rights. All rights not expressly granted are reserved by Script Wizard Software.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

2.1 Academic Edition Software. If the Software Product is identified as “Academic Edition” or “AE,” You must be a “Qualified Educational User” to use the Software Product. If You are not a Qualified Educational User, You have no rights under this EULA. To determine whether You are a Qualified Educational User, please contact the Script Wizard Software company.

2.2 Copy Protection. The Software Product may include copy protection technology to prevent the unauthorized copying of the Software Product or may require original media for use of the Software Product on the Device. It is illegal to make unauthorized copies of the Software Product or to circumvent any copy protection technology included in the Software Product.

2.3 Not for Resale Software. If the Software Product is labeled “Not For Resale” or “NFR” or “DEMO” then, notwithstanding other sections of this EULA, Your use of the Software Product is limited to use for demonstration, test, or evaluation purposes and You may not resell, or otherwise transfer for value, the Software Product.

2.4 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

2.4.1 Separation of Component Parts. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one Device.

2.4.2 Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of Script Wizard, Script Wizard Software, Stefani Warren, or the Script Wizard Software company.

2.4.3 Support Services. Script Wizard Software may provide You with support services related to the Software Product (“Support Services”). Use of Support Services is governed by the Script Wizard Software policies and programs described in the user guide, in “online” Help documentation, or in other Script Wizard Software-provided materials. Any supplemental software code provided to You as part of the Support Services are considered part of the Software Product and subject to the terms and conditions of this EULA. You acknowledge and agree that Script Wizard Software may use technical information You provide to Script Wizard Software as part of the Support Services for its business purposes, including for product support and development. Script Wizard Software will not utilize such technical information in a form that personally identifies You.

2.4.4 Software Transfer. Except as specified in this Section, the licensee of the Software Product may not transfer this EULA and Software Product directly to anyone else. Subscription Products are also non-transferable.

2.4.5 Termination. Without prejudice to any other rights, Script Wizard Software may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Software Product and all of its component parts.

3 UPGRADES. Standard Software Product. If the Software Product is labeled as an upgrade, You must be properly licensed to use a product identified by Script Wizard Software as being eligible for the upgrade in order to use the Software Product. A Software Product labeled as an upgrade replaces or supplements (and may disable) the product that formed the basis for Your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software Product is an upgrade of a component of a package of software programs that You licensed as a single product, the Software Product may be used and transferred only as part of that single product package and may not be separated for use on more than one Device.

4 INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights 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 Script Wizard Software or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Software Product, but may be accessed through use of the Software Product, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If this Software Product contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software Product.

5 BACKUP COPY. After installation of one copy of the Software Product pursuant to this EULA, You may keep the original media on which the Software Product was provided by Script Wizard Software solely for backup or archival purposes. If the original media is required to use the Software Product on the Device, you may make one copy of the Software Product solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Software Product or the printed materials accompanying the Software Product.

6 U.S. GOVERNMENT LICENSE RIGHTS. All Software Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein.

7 EXPORT RESTRICTIONS. You acknowledge that the Software Product is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Software Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

8 APPLICABLE LAW. If you acquired this Software Product in the United States, this EULA is governed by the laws of the State of Nevada. If this Software Product was acquired outside the United States, then local law may apply.

Should you have any questions concerning this EULA, or if you desire to contact Script Wizard Software for any reason, please refer to the User’s Guide for email and online contact forms, or write to Stefani Warren/Script Wizard Software at 675 S Green Valley Parkway #1110 Henderson, NV 89052 United States.

LIMITED WARRANTY

9.1 Script Wizard Software warrants that the Software Product will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.

9.2 Any supplements or updates to the SOFTWARE PRODUCT, including without limitation any (if any) service packs or hot fixes provided to you after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

9.3 LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES.
Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Script Wizard Software, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software Product does not meet Script Wizard Software’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 11 below (“Exclusion of Incidental, Consequential and Certain Other Damages”) are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

9.4 YOUR EXCLUSIVE REMEDY.
Script Wizard Software’s and its suppliers’ entire liability and your exclusive remedy shall be, at Script Wizard Software’s option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software Product, or (b) repair or replacement of the Software Product, that does not meet this Limited Warranty and that is returned to Script Wizard Software with a copy of your receipt. You will receive the remedy elected by Script Wizard Software without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software Product to Script Wizard Software). This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by Script Wizard Software are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Stefani Warren/ Script Wizard Software, 675 S Green Valley Pkwy, #110 Henderson, Nevada 89052.

10 DISCLAIMER OF WARRANTIES
The limited warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the limited warranty and to the maximum extent permitted by applicable law, Script Wizard Software and its suppliers provide the software and support services (if any) as is and with all faults, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness or responses, of results, of workmanlike effort, of lack of viruses and of lack of negligence, all with regard to the software, and the provision of or failure to provide support services. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the software.

11 EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
To the maximum extent permitted by applicable law, in no event shall script wizard software or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software product, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of script wizard software or any supplier, and even if script wizard software or any supplier has been advised of the possibility of such damages.

12 LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Script Wizard Software and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Script Wizard Software with respect to any breach of the limited warranty) shall be limited to the greater of the amount actually paid by you for the software or U.S. $5.00. The foregoing limitations, exclusions and disclaimers (including sections 7, 8, and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

13 ENTIRE AGREEMENT.
This EULA (including any addendum or amendment to this EULA which is included with the Software Product) is the entire agreement between you and Script Wizard Software relating to the Software Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Script Wizard Software policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

Revised 6/1/2024.

Script Wizard Software and Microbiz Consulting
675 S Green Valley Pkwy #1110
Henderson, Nevada 89052
contact@scriptwizardsoftware.com