Pricing & License Agreement Budgeting Software by ZeBud

budgeting software,budget software,budgeting systems,business budgeting,enterprise budgeting

Pricing & License Agreement

Pricing

When you agree to use our software, you also have our resources available to you to set up and configure the software with your chart of accounts and department structure, all without the expense of travel to your site. Our primary discipline is accounting. We do this all the time. We can understand your problems. We can effectively configure your accounts and departments to the software so you can focus on more important things, like managing your organization or deploying the software to your other users. We price our software license to include the data setup and configuration services, all for $885. This is for a ten user license with no additional shipping and handling in the U.S. A printed User’s Manual is included for users in the continental U.S. A copy of the User’s Manual in Word format is also included on CD. The data setup and configuration services would include an organization with up to about 20 departments and about 500 primary GL P&L accounts. For larger organizations with significant deviations from these base department and GL counts, we can offer a fixed cost proposal based on a review of the accounts and departments. The above price is for the non-modifiable base version 1 of the software which is subject to an annual license fee of $200 per 10 user license. A twenty user license would cost $400 each subsequent year and an additional $200 the first year because the base software includes the first 10 users. We price our software this way, on a pay as you go basis, to allow smaller organizations access to our software product without the initial larger up-front cost for an unlimited license. If an organization decides to not use our software in the future, they may stop paying future license fees. Support for our software will be included so long as a valid software license is maintained. The price of the license fees will not be increased,

For larger organizations, or organizations that require access to the underlying computer code, we offer our fully-modifiable version 2. Full access to all programming objects, reports, and forms are available on an unrestricted basis. The program may be modified to meet the specific needs of the organization. There are no limits to the number of users within your organization. There are no ongoing annual license fees. Two years of support are included. Setup and data file configuration are included as above. The price is $2,495. After the two years of support are used, ongoing support can be purchased for $125 per year.

License Agreement Information
If you use the software exclusively in your organization with the appropriate number of user licenses, you should not have any problem with the license agreement. By using the software, you warrant that you agree to the terms of the license agreement.

Some key points in the agreement:

Software may not be transferred, sold or re-licensed to other individuals or organizations without written permission of ZeBud LLC.
Annual License Fee must be paid based on the number of installed users for base version 1 software.
Licensee agrees not to de-compile or reverse-engineer the program or create, transfer, sell or resell the program or a derivative work of the program.

The full License Agreement for the software follows:

LICENSE AGREEMENT AND LIMITED WARRANTY

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. THIS DOCUMENT IS AN AGREEMENT BETWEEN YOU AND ZEBUD LLC. ZEBUD LLC IS WILLING TO LICENSE THE ENCLOSED SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS AGREEMENT. BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE SOFTWARE TO: ZEBUD LLC, 922 Gervas; Manchester, Missouri 63021. Contact ZeBud LLC by FAX at 888-202-7773 or e-mail info@zebud.com or by mail at the above address.

BY USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ZEBUD LLC AND SUPERSEDES ALL PROPOSALS OR PRIOR ENDORSEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND ZEBUD LLC OR ANY REPRESENTATIVE OF ZEBUD LLC RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT

1. OWNERSHIP and LICENSE This is a license agreement and NOT an agreement for sale. The computer program(s), documentation, data, and any other content provided on the diskettes and/or CD-ROMs contained in this package, including any and all other copies that you are authorized by this agreement to make (the "Software") is the property of ZeBud LLC. You own the diskette/CD-ROM on which the Software is recorded, but ZeBud LLC retains title to the Software. Your rights to use the Software are specified in this agreement, and ZeBud LLC retains all rights not expressly granted to you in this agreement. Nothing herein constitutes a waiver of rights by ZeBud LLC under U.S. or international copyright law or any other federal or state law.

2. PERMITTED USES. You are granted the following rights to the Software:
(a) Right to Install and Use. You may install and use the Software on the number of computers for which you have paid a License Fee as outlined in the schedule of License Fees offered to you. The Software is "installed" on a computer when it is placed on a computer's hard disk, CD-ROM, or other secondary storage device. The Software is "in use" on a computer when it is executed or loaded into the computer's RAM or other primary memory. If you wish to increase the number of User Licenses, please contact ZeBud LLC. Installation of the program on a network server is prohibited. Installation of the data files on a server is allowed in the normal course of business for the appropriate number of licensed user programs.
(b) Right to Copy. You may make and maintain one copy of the Software for backup and archival purposes, provided that the original and each copy of the Software are kept in your possession.

3. PROHIBITED USES. The following uses of the Software are prohibited. If you wish to use the Software in a manner prohibited below, please contact ZeBud LLC at the address, fax numbers or e-mail address listed above for information regarding a "Special Use License". Otherwise, you may NOT:
(a) Use, copy, modify, or alter the Software or documentation, or any portion thereof, except as expressly provided in this agreement;
(b) Use any backup or archival copy of the Software (or allow someone else to use such copy) for any purpose other than to replace the original copy in the event it is destroyed or becomes defective;
(c) Disassemble, decompile, decode, or reverse translate the Software, or make any attempt to bypass, unlock, or disable any protective or initialization system on the Software, or create a derivative work from the Software;
(d) Rent, lease, sub-license, time-share, or transfer your rights under this agreement;
(e) Upload or transmit the Software, or any portion thereof, to any electronic bulletin board, network, or other type of multi-user computer system regardless of purpose, or place the Software onto a server so that it is accessible via a public network such as the Internet;
(f) Remove or obscure any copyright or trademark notice(s) on the Software or documentation or remove the License number appearing on the menu screen.
(g) Include the Software in any commercial products intended for manufacture, distribution, or sale; or
(h) Include the Software in any product containing immoral, scandalous, controversial, derogatory, obscene, or offensive works.

4. TERMINATION and ANNUAL LICENSE FEE. This License is effective upon the first use, installation, loading or copying of the Program. This License is subject to an annual renewal License Fee. This License terminates one year after receipt of the software unless payment of the annual renewal License Fee is made. The annual License Fee is based on the License Fee schedule in effect at the time of the purchase. The annual renewal License Fee will not be increased for as long as you continue to renew and pay the annual License Fee. The annual License Fee entitles the Licensee to e-mail support and free software upgrades when an upgrade is available. ZeBud LLC shall not be required to produce any upgrades. You may terminate this agreement at any time by returning all software, printed materials and copies, disks and CD-ROMs to ZeBud LLC, postage prepaid. You must also erase any copies of those materials and software programs from all your computers, hard disks, servers, tape and other media backup in your possession. You may retain the data file ZBDATA.mdb for data archive purposes. ZeBud LLC retains the right to alter the terms and conditions of this License Agreement annually, except for the renewal License Fee price schedule established at the time of purchase. ZeBud LLC will give notice of its intent to change the terms and conditions of this License Agreement prior to the annual renewal date. This License will terminate automatically if you fail to comply with any material provision of this agreement. Your License to use this Software will also terminate if you attempt to assign this agreement to someone else, another organization or company. Upon termination, you must stop all use of the Software and must return all copies of the Software and any accompanying documentation that remain in your possession and erase all program copies from your computers and storage and backup media. Your rights to use the Software will end upon each one-year anniversary of receipt of the software unless the annual renewal License Fee is paid. License Fees in part or in full are not refundable after the initial 30 day evaluation period. All provisions of this agreement as to warranties, limitation of liability, remedies or damages shall survive termination.

5. LIMITED WARRANTY, DISCLAIMER of WARRANTY, RETURN POLICY.
ZeBud LLC does not warrant that the software or its operations or functions will meet your requirements, nor that the use thereof will be without interruption or error. ZeBud LLC does not warrant, guarantee or make any representation regarding the use or the results of the use of the software in terms of its correctness, accuracy, reliability, or otherwise. In addition, the password security mechanisms implemented by the Software have inherent limitations, and Licensee must determine that the Software sufficiently meets Licensee's requirements.

For a period of one year from the date you acquired the Software, ZeBud LLC warrants that the Software media will be free from defects in materials and workmanship under normal use. If the Software media fails to conform to this warranty, you may, as your sole and exclusive remedy, obtain a replacement free of charge if you return the defective media to us with a request for replacement. This limited warranty is void if the failure of the Software is caused by violation of this License Agreement. Any replacement Software media will be warranted as above for the remainder of the annual License agreement period. If the media should become defective during an annual License period after the initial year and all renewal License Fees are paid, ZeBud LLC will replace any defective media for a nominal shipping charge. To the extent allowed by law, and except for the express warranty set forth above, ZeBud LLC disclaims all warranties, express or implied, including and without limitation, the implied warranties of merchantability and fitness for a particular purpose. If this software qualifies as a "consumer product" under the Magnuson-Moss warranty act, any implied warranties are limited to ninety (90) days from the date you acquired the software from us or from our authorized dealer, and thereafter any implied warranties are expressly disclaimed. In no event shall ZeBud LLC or its employees be liable for any incidental, indirect, special, or consequential damages arising out of or in connection with the license granted under this agreement including, without limitation, loss of use, loss of date, loss of income or profit, or other loss sustained as a result of injury to any person, or loss of or damage to property, or claims of third parties, even if ZeBud LLC or an authorized representative of ZeBud LLC has been advised of the possibility of such damages. In no event shall liability of ZeBud LLC for damages with respect to the software exceed the amounts actually paid by you for the software. This limited warranty gives you specific legal rights, and you may also have other legal rights which vary from state to state.

6. EXPORT COMPLIANCE. Licensee shall not, and shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the Software or any direct product thereof: (i) into (or to a national or resident of ) Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria, (ii) to anyone on the U.S. Commerce Department's Table of Denial Orders or U.S. Treasury Department's list of Specially Designated Nationals or (iii) otherwise in violation of any restrictions, laws or regulations of any United States or foreign agency or authority. Licensee agrees to the foregoing and warrants that it is not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. By using the software, you are agreeing to the foregoing and you are warranting that you are not a foreign person subject to the above restrictions or under the control of a person subject to the above restrictions.

7. GOVERNMENT END-USERS. As defined in Federal Acquisition Regulations (FAR) section 2.101 and Department of Defense Federal Acquisition Regulations (DFARs) section 252.227-7014 a)(1) and DFAR section 252.227-7014(a)(5)(or otherwise), the Software and accompanying documentation licensed in this Agreement are deemed to be "commercial items" and "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement

8. MISCELLANEOUS. This agreement shall be governed by the laws of the United States of America and the State of Missouri. No change or modification of this agreement will be valid unless it is in writing and signed by ZeBud LLC. Licensee acknowledges and agrees that ZeBud LLC shall have the right to directly enforce any and all provisions of this Agreement without respect to whether the Licenser as defined above is ZeBud LLC or another party. Neither this Agreement nor the License granted herein is assignable or transferable by Licensee without the prior written consent of Licenser; any attempt to do so shall be void. Any amendment, waiver, notice,report, approval or consent required or permitted hereunder shall be made in advance in writing. No failure or delay in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder preclude further exercise. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Missouri and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Unless waived in its sole discretion by Licenser, the sole jurisdiction and venue for actions related to the subject matter hereof shall be the Missouri State and Federal Courts having within their jurisdiction St. Louis City or St. Louis County, Missouri and both parties hereby consent to the jurisdiction of such courts. Except as expressly set forth in an agreement executed by the parties which incorporates this Agreement by reference, this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys' fees and costs in connection with such action.

ZeBud is a Trademark of ZeBud LLC

Next Page >