License Agreement
PAYSOFT LLC SOFTWARE LICENSE AGREEMENT
IMPORTANT!! READ BEFORE PROCEEDING
License
You are granted a nontransferable, nonexclusive license (the license) to use the enclosed software programs and all enhancements, modifications, updates and all written materials (the software), subject to this agreement. Said license is for the use of the software on one computer at a time located only at the registered end user's place of business.
Ownership of Programs and Copies
This license is not a sale of the original programs or copies. PAYSOFT LLC retains the ownership of the programs, which programs have been developed as trade secrets at PAYSOFT LLC's expense and are protected by United States copyright laws and international treaties.
Term
The term of this license is for one calendar year at a time. At the end of each calendar year the licensee may renew for an additional year by paying the applicable fees, provided that licensee is in full compliance with all terms of this agreement.
Fees
The original purchase price as well as the monthly fees will be determined solely by PAYSOFT LLC PAYSOFT LLC reserves the right to set, adjust and/or modify its fees as it deems necessary at any time and without prior notice. Non-payment of these fees may result in the immediate termination of this agreement at the discretion of PAYSOFT LLC
Termination
This license is effective until terminated. This license will terminate automatically without notice from PAYSOFT LLC if licensee fails to comply with any of the provisions of this license. Upon any such termination licensee agrees to destroy the software together with all copies. There will be no refund of any monies paid by licensee.
Support
PAYSOFT LLC provides free technical support to all licensees in good standing. Technical support is limited to issues relating to software bugs and items that are not included in the software manual or online help menus. Technical support does not include training on how to use the software. Furthermore, it is expected that client is familiar with payroll laws and these types of questions should be referred to a government agency rather that the software vendor.
Checks
Paper checks that are used with the ProPay payroll system are copyrighted and they are specifically designed to work with the ProPay software. It is a violation of copyright laws to reproduce these checks without the written consent of Paysoft LLC. In addition, Paysoft prices its software and annual renewal fee at a lower price than it would normally be, on anticipation that the licensee will purchase paper checks from PAYSOFT LLC. Therefore, Paysoft LLC will charge a higher renewal fee at its discretion, to those licensees who do not purchase checks from Paysoft LLC.
Limited Warranty
PAYSOFT LLC will replace any defective CDs or diskettes returned with proof of payment within 30 days of purchase, if such software was purchased directly from PAYSOFT LLC It is understood and agreed that PAYSOFT LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE SOFTWARE WILL BE "ERROR FREE" OR THAT THE REPORTS OR TAX FORMS WILL BE IN COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS. PRUDENT COMPUTING POLICIES DICTATE THAT ANY SOFTWARE PROGRAM SHOULD FIRST BE TESTED ON NON-CRITICAL DATA BEFORE APPLYING LIVE DATA.
You hereby agree to check, verify and satisfy yourself with the calculations, the compliance of all tax forms and reports and the overall performance of the software. You hereby accept ALL RISKS OF LOSS related to the use of this software and agree that PAYSOFT LLC WILL NOT BE LIABLE for any damages, of any kind, direct or indirect, or of whatever nature they may be. In no event will PAYSOFT LLC be liable for an amount exceeding the original purchase price of the software.
General
If the licensee or any other person breaches the covenants set forth in this agreement as a result of an act or omission by the licensee, the licensee shall be liable for damages plus attorney's fees. This agreement will be construed in accordance with the laws of the State of Nevada.
Legal Address
PAYSOFT LLC 8400 West Sunset Rd., STE 300 PMB 280 Las Vegas, NV 89113-2283 PHONE 1-702-827-0015