MoneyToys™ License Information

When you purchase MoneyToys™ calculators for your web site, you will receive a license which grants you permission to install the calculators on your web site(s).  The text of the license or End User License Agreement ("EULA"), which will also be provided with the software and installation instructions, is provided below.

MoneyToys™ EULA

MoneyToys™ License, 1.9
Copyright © 1997-2008
By Wheatworks Software, LLC
All Rights Reserved Worldwide.
Single Applet License: $139.95 USD
Entire Collection License: $139.95 USD
http://www.moneytoys.com/

1. END USER LICENSE AGREEMENT

Please Read This End User License Agreement ("EULA") Carefully.  MoneyToys™ are a product of Wheatworks Software, LLC.

The person or entity ("You") installing MoneyToys™ financial calculator applets ("Software") agrees to be bound by the terms of this EULA.  If You are unwilling or unable to fully accept these conditions, then, notwithstanding the conditions in the remainder of this EULA, You may not use the Software at all.

While effort was made to ensure the accuracy of the calculations performed by this Software, there is NO WARRANTY, express or implied, for the accuracy or applicability of the results generated by this Software to your particular financial situation.  Please consult your own financial advisor before making any financial decisions.

This Software and its accompanying documentation are provided to You by Wheatworks Software, LLC ("Wheatworks") for use only under the terms provided in this EULA.  Wheatworks reserves all rights not expressly granted to You.  While You own the media on which the Software is recorded, Wheatworks retains ownership of the Software itself.  You assume sole responsibility for the installation, use and results You obtain from your use of the Software.

2. GRANT OF LICENSE

This purchased license grants You a limited, non-exclusive license to do the following:

A.  Install and maintain the Software on a single domain ("Site") herein defined as an Internet or Intranet site maintained by You which creates an Internet or Intranet presence for either You or ONE of your clients.  Each unique Internet domain or sub-domain is considered a different Site.  In addition, each unique client Internet site or business Internet site or other branded Internet site created either dynamically or statically by You within an Internet domain or sub-domain is considered a unique Site.  You shall not make any other use of the Software without prior written permission of Wheatworks.

B.  You may copy, in whole or in part, the Software in machine readable form on magnetic media, only in those cases in which this should prove necessary for purposes of back-up and recovery in case of Site failure, provided however that such copies shall be used solely on/for said single Site.

C.  Aside for the provision in B) above, You shall not duplicate or distribute the Software, in whole or in part, in any form or format whatsoever without the prior written permission of Wheatworks.  You shall not sell, loan, transfer or license the Software or otherwise assign any rights under this EULA to any third party without the prior written permission of Wheatworks.  If You wish to produce a product for retailing or other purposes using the Software, a separate licensing agreement shall be required and may be negotiated with Wheatworks to authorize the development and/or sale of such derivative product.

D.  You agree that You shall only use the Software in a manner that complies with all applicable laws in the jurisdiction(s) in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

3. COPYRIGHT

This Software is Copyright © 1997-2008 by Wheatworks Software, LLC.  All Rights Reserved Worldwide.  This Software is protected under United States copyright laws and international treaty provisions.

Under no circumstance does Wheatworks Software, LLC grant any party permission to wrap this Software within an executable, install it in conjunction with another installation executable, and/or modify, remove or add files to the Software's archive as compiled and released by Wheatworks Software, LLC.

4. OWNERSHIP

A.  This Software and the related copyrights and intellectual property rights, are the exclusive property of Wheatworks and/or its suppliers.  You acquire no title, right or interest in the Software other than the rights granted in this EULA.

B.  Moneytoys.com is a trademark of Wheatworks Software, LLC. Java and all Java-based marks are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries.  Wheatworks Software, LLC is independent of Sun Microsystems, Inc.

C.  You shall not remove from the Software any trademark, tradename, copyright notice or other notice, and shall be responsible for their preservation on the copies received hereunder and for their reproduction on any backup copy of the Software or on any portion of the Software merged into other programs or Sites.

D.  If You receive the first copy of the Software electronically and a second copy on physical media (e.g., CD, diskette, etc.), the second copy may be used for archival purposes only and may not be transferred to or used by any other individual or entity.

5. RESTRICTIONS

A.  You may not sublicense, or assign copies of the Software to others. This Software contains trade secrets.  You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human readable form.  You may not modify, adapt, translate, rent, lease, loan, resell, or otherwise assign the Software, or create derivative works based upon the Software or any part of the Software without the prior written consent of Wheatworks.

B.  You shall not display this Software on a Site without including the following text on the web page which displays this Software:

DISCLAIMER: There is NO WARRANTY, express or implied, for the accuracy of this information or
it's applicability to your financial situation.  Please consult your own financial advisor.

6. TERMINATION

A.  This EULA is effective until terminated and it will terminate immediately without notice from Wheatworks if You fail to comply with any of its provisions.

B.  Upon termination of this EULA, Wheatworks reserves the right to take any legal action necessary to recover any damages incurred by Wheatworks.

C.  Upon termination of this EULA, You shall immediately refrain from using the Software, You shall delete the Software from the site/computer(s)/server(s) upon which it has been installed by You and/or your agents, and You shall delete the Software from the media upon which it is recorded.

D.  The limitations on liability and disclaimer of warranty contained in this EULA shall continue in force even after your rights to use the Software are terminated.

7. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WHETHER IN TORT CONTRACT OR OTHERWISE SHALL WHEATWORKS SOFTWARE, LLC, ITS AGENTS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF WHEATWORKS SOFTWARE, LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.  FURTHER, IN NO EVENT SHALL WHEATWORKS SOFTWARE, LLC'S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO WHEATWORKS SOFTWARE, LLC FOR THE SOFTWARE AND DOCUMENTATION.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. DISCLAIMER OF WARRANTY

A.  THIS SOFTWARE IS PROVIDED "AS-IS."  WHEATWORKS SOFTWARE, LLC MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS SOFTWARE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, PERFORMANCE, OR MERCHANTABILITY.  IN PARTICULAR, IT IS NOT GUARANTEED TO PREVENT OR DETECT DAMAGE TO YOUR DATA OR PROGRAMS NOR ARE THE ACCURACY AND/OR APPLICABILITY OF THE CALCULATED RESULTS GENERATED BY THIS SOFTWARE GUARANTEED.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.  SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT WHEATWORKS SOFTWARE, LLC OR ITS AGENTS, SUPPLIERS, DISTRIBUTORS OR DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIRS OR CORRECTION.

B.  Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.  If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA shall remain in full force and effect.  This warranty gives You specific legal rights, and You may also have other rights which vary from state to state.

C.  Wheatworks does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free.

9. ENHANCEMENTS

Wheatworks may, in its sole discretion, advise You of updates, upgrades, enhancements or improvements to the Software and/or new releases of the Software (collectively, "Enhancements"), and may license You to use such Enhancements upon payment of prices as may be established by Wheatworks from time to time.  All such Enhancements to the Software provided to You shall also be governed by the terms of this EULA.  Wheatworks reserves the sole and exclusive right to set and modify its policies and prices regarding updates, upgrades and enhancements.

10. GENERAL

This EULA will be governed by and construed in accordance with the laws of the State of Louisiana, USA, and shall inure to the benefit of Wheatworks and You and their successors, assigns and legal representatives.  If any provision of this EULA is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, the enforceability of the remaining provisions shall in no way be affected or impaired thereby and the remaining provisions of this License will remain in full force and effect.  Any notices or other communications to be sent to Wheatworks must be mailed certified, postage prepaid, to the following address:  Wheatworks Software, LLC, P. O. Box 7, Ruston, LA 71273.

This EULA constitutes the entire agreement between Wheatworks and You with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded.  This EULA may not be changed or amended except by a written instrument executed by a duly authorized officer of Wheatworks.

11. GOVERNMENT USE

If the Software, including documentation, is licensed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), it is provided with Restricted Rights and the following provisions apply. The Software and Documentation are "commercial items" as defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation" as used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227-7202 (June 1995).  Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in 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, or similar or successor provisions as applicable.  Manufacturer is Wheatworks Software, LLC, Post Office Box 7, Ruston, Louisiana, United States of America, 71273-0007.

12. ACKNOWLEDGEMENT

BY INSTALLING THIS SOFTWARE, YOU ACKNOWLEDGE THAT You HAVE READ THIS END USER LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.  Should You have any questions concerning this EULA, contact Wheatworks at the address provided above.