END USER LICENSE
AGREEMENT - READ CAREFULLY
A. Agreement. By using C4, you agree to be bound by the terms
of this End User License Agreement (this "EULA"). If you do not agree
to the terms of this EULA, do not use or access our Web-based Program.
B. What this EULA Covers. This EULA covers the C4.com
product which may include computer software, associated media, hardware, printed
materials, and electronic documentation (collectively, the "Web-based Program").
The Web-based Program also includes any updates and supplements to the original
Web-based Program provided to you by C4.
C. Meaning of "You." If the person accessing
this Web-based Program is an individual using it for his or her own business purposes,
"you" means the person using this software. If the person accessing this
Web-based Program is doing so in furtherance of the purposes of another person,
including an organization (whether or not the employer or the person) then "you"
means both the person accessing this software and the other person, including an
organization. No person accessing the software for another may do so unless the
person accessing the software is authorized to bind the other person, including
an organization, and failure to be so authorized will result in unauthorized use
of the software subject to civil and criminal consequences.
D. The Parties to this EULA. This EULA is a legal
agreement between you and C4, L.L.C. ("C4").
E. Nature of this EULA. The Web-based Program is protected by copyright laws
and international copyright treaties, as well as other intellectual property laws
and treaties. The Web based Program is licensed, not sold.
F. C4 L.L.C. Affiliation: C4 is the marketing name for Dos Maries, L.L.C. offering related businesses that offer a variety of services and products. Each business entity of Dos Maries L.L.C., including C4 L.L.C. is a separate and independent business and is solely responsible for its financial condition and contractual obligations.
G.
IRS Circular 230 Disclosure: Pursuant to regulations governing practice before the Internal Revenue Service, please be advised that anything contained in this communication, C4 web application results, including screen displays, attachments and outputs, are not intended to be construed as tax advice, and are not written or intended to be used, and cannot be used, by a taxpayer for the purpose of avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code.
1. GRANT OF LICENSE AND RESTRICTIONS.
In accordance with this Agreement, we grant you a non-exclusive, non-transferable,
terminable license to view and use our
Web based Program
only for the purposes of producing pension
and welfare benefit plan illustrations, or training in the advanced planning concepts
with respect to these plans. We reserve the right to suspend or deny, in our sole
discretion, your access to all or any portion of the Web Sites. You may not (a)
use any robot, spider, other automatic device or manual process to monitor or copy
our web pages or the content contained therein without our prior written permission;
(b) use any device, software or routine to interfere or attempt to interfere with
the proper working of the Web Sites, Applications or Software; (c) take any action
that imposes an unreasonable or disproportionately large load on our infrastructure;
(d) reverse engineer, reverse assemble or otherwise attempt to discover any source
code of any Application or Software; (e) copy, reproduce, alter, modify, create
derivative works, or publicly display any Application, Software or content from
our Web Sites without our prior written permission, or that of the appropriate third
party; (f) alter or modify the copyright notices and any other proprietary legends
that appear on the Web Sites; or (g) access our Web Sites by any means other than
through the interface that is provided by us.
2. LICENSE FEE
As of the effective date of this EULA, specific fees will be assessed based on the
service packages selected. Once you register and enter your credit card information,
your monthly payment will automatically charge your credit card every month, or
at the completion of each package's service term. By purchasing the license you
authorize C4 to charge your credit card automatically for each service period
until you or C4 terminate the license. C4 does NOT store your credit card
information on its servers, and employs a secure third-party service to handle credit
card processing. C4 reserves the right to change the monthly license fee at
any time for any reason. In the event that C4 changes the license fee, you
will be required to reauthorize C4 to deduct the new monthly license fee. In
the event that you do not agree to the new license fee, then your license will be
terminated as of the then-upcoming billing cycle.
3. PROGRAM UPDATES
C4 may from time to time update the Web-based Program and/or this EULA and
require that you re-accept the EULA. If a Web-based Program update completely replaces
(full install) a previously licensed version of the Web-based Program you may not
use both versions of the Web-based Program at the same time nor may you transfer
them separately. If you do not accept the new EULA, you will not be able to access
the updated version of the Web-based Program.
4. THIRD PARTY MERCHANT SERVICES.
The Web-based Program offers a platform to use the services of PayPal, a merchant
independent from C4 (“Third Party Merchant”). C4 does not provide credit
card processing services directly. Therefore, you must have a separate contract
with the Third Party Merchant in order to use any payment features of the Web-based
Program. C4 is not a party or beneficiary to the contract between you and the
Third Party Merchant. C4 shall be in no way liable for any disputes, billing
errors, or any other problems that arise out of the contract between you and the
Third Party Merchant.
5. TERMINATION.
Without prejudice to any other rights, C4 may terminate your license for any
reason, including but not limited to your failure to comply with the terms and conditions
of this EULA or your form of payment being declined. In such event, you must immediately
stop accessing the Web-based program, and destroy all copies of the Web-based Program
and all of its component parts in your possession or under your control. You will
be given fifteen (15) days from the date notice date of your license termination
to download any and all data from the Web-based Program. C4 is not liable or
responsible for the loss of any data.
6. COPYRIGHT.
Except for the limited license rights granted in this EULA, all right, title, and
interest in and to the Web-based Program (including, but not limited to, any images,
data, forms, text, or computer code incorporated into the Web-based Program), the
accompanying printed materials, and any copies of the Web-based Program are owned
by C4. All rights in and to the content that may be accessed through use of
the Web-based Program 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 no rights to use such content beyond the license described herein.
All rights not expressly granted are reserved by C4 and/or the owner(s) of
the Web-based Program or other materials. This EULA does not grant you any rights
in connection with any trademarks or service marks of C4.
7. CONSENT TO USE OF DATA.
You agree that C4 and its subsidiaries may collect and use technical and related
information, including but not limited to technical information about your computer,
system and application software, and peripherals, that is gathered periodically
to facilitate the provision of software updates, product support and other services
to you (if any) related to the Web-based Program and to verify compliance with the
terms of this License. C4 may use this information, as long as it is in a form
that does not personally identify you, to improve our products or to provide services
or technologies to you.
8. U.S. GOVERNMENT RESTRICTED RIGHTS.
The Web-based Program and documentation are provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the Government is subject to restrictions as set forth
is subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
9. EXPORT RESTRICTIONS.
You may not export or re-export the Web-based Program, any part thereof, or any
process or service that is the direct product of the Web-based Program (the foregoing
collectively referred to as the "Restricted Components"), to any country,
person, entity, or end user subject to U.S. export restrictions. You specifically
agree not to export or re-export any of the Restricted Components (i) to any country
to which the U.S. has embargoed or restricted the export of goods or services or
to any national of any such country, wherever located, who intends to transmit or
transport the Restricted Components back to such country; (ii) to any end user who
you know or have reason to know will utilize the Restricted Components in the design,
development, or production of nuclear, chemical, or biological weapons; or (iii)
to any end user who has been prohibited from participating in U.S. export transactions
by any federal agency of the U.S. Government. You represent and warrant that no
governmental authority has suspended, revoked, or denied your export privileges.
10. NO ADDITIONAL WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE EXPRESSLY
PROVIDED IN THIS EULA, C4 PROVIDES THE WEBBASED PROGRAM WITH ALL FAULTS; THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH
YOU; AND C4 MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR
PURPOSE, EVEN IF THAT PARTY HAS BEEN MADE AWARE OF SUCH PURPOSE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM C4 OR THROUGH THE USE OF SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. C4 DOES NOT
WARRANT THAT ANY FUNCTIONS OF OUR WEB-BASED PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR OUR SERVER(S) ARE FREE OF VIRUSES
OR OTHER HARMFUL MECHANISMS. C4 MAKES NO WARRANTIES ABOUT THE ACCURACY, INTEGRITY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT,
GRAPHICS, AND LINKS. YOU (AND NOT US) ASSUME THE COST OF ALL NECESSARY CORRECTIONS
OR REPAIR.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED ONE MONTH'S
USAGE. C4 DOES NOT WARRANT THAT THE WEB-BASED PROGRAM WILL OPERATE ERROR-FREE
OR THAT THE WEB-BASED PROGRAM AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL MECHANISMS. IF YOUR USE OF THE WEB-BASED PROGRAM OR THE MATERIAL RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OR TOTAL LOSS OF DATA,
THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS OR LOSSES.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE WEBBASED PROGRAM, THE INTERNET GENERALLY, AND FOR YOUR CONDUCT ON AND
OFF THE WEB-BASED PROGRAM.
(b) IN NO EVENT SHALL C4 (OR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE
FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST
EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER
OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE
WEB-BASED PROGRAM AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT C4 IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY
ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN C4'S MAXIMUM LIABILITY
TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE
AGGREGATE.
(d) IN NO EVENT SHALL C4 (OR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE
FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $200.00.
(e) DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION
TO MONEY DAMAGES, YOU AGREE THAT C4 WILL BE ENTITLED TO EQUITABLE RELIEF UPON
A BREACH OF THIS AGREEMENT BY YOU.
12. INDEMNITY, HOLD HARMLESS AND RELEASE
You agree to indemnify, defend and hold harmless C4 from and against any and
all liability, claims, costs and expenses (including, without limitation, reasonable
legal fees and expenses), alleging or resulting from your use of this Web-based
Program in violation or breach of the EULA or any applicable laws.
13. GOVERNING LAW AND VENUE
This EULA is governed by the laws of the United States and the State of
Delaware, without reference to conflict of laws principles. The application of the
United Nations Convention of Contracts for the International Sale of Goods is expressly
excluded. This EULA shall not be subject to the Uniform Commercial Code. Any dispute
between you and C4 regarding this EULA will be subject to the exclusive venue
of the state and federal courts in the State of Oregon in the United States of America.
This EULA is the entire agreement between you and C4 and supersedes any other
communications, oral or written, or advertising with respect to the Web Based Program
and documentation. If any provision of this EULA is held invalid, the remainder
of this EULA will continue in full force and effect. No provision hereof shall be
deemed waived or modified except in a written addendum signed by an authorized representative
of C4. Should you have any questions concerning this EULA, or if you desire
to contact C4 for any reason, please write: C4, PO Box 418, Bethel, VT
05032, USA.
14. ATTORNEY FEES
In the event that C4 must take legal action to enforce the terms of the EULA,
you shall be responsible for C4's reasonable attorney fees and court costs.
15. CONTRACTING & COMMISSIONS
Contracting requirements necessary for authorization to offer, sell and provide any services, products or advice on behalf of, in conjuction with or separate from any C4 marketing partner, associate or affiliated entity ("C4 Marketing Partner") is the responsiblity of the user and the C4 Marketing Partner. C4 does not provide contracting services or authorization to offer, sell or provide any financial advice, services or products on behalf of any life or annuity carrier or brokerage.
16. COMPLETE AGREEMENT
This EULA constitutes the entire agreement between C4 and you and governs your
use of the Web-based Program provided by C4. This EULA supersedes and cancels
all prior and contemporaneous agreements, claims, representations, and understandings
of the parties in connection with the subject matter hereof [End of Licensing Agreement]