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IMPORTANT
NOTICE: This License
Agreement explains what you may and may not do with Instant HR Policies. By
purchasing, downloading, installing, or in any way using Instant HR Policies, you agree that you and all employees
of your organization will be legally bound by this License
Agreement. Please read
this License Agreement carefully before you use Instant HR Policies.
If, after reading this License Agreement, you decide that you
do not want to be bound by it, you must destroy all copies
of Instant HR Policies
and
comply with the instructions in Paragraph 13, in which case we will
promptly refund any payment you have already made.
This
is an agreement between us, Personnel Policy Service, Inc., and you,
the entity or individual purchasing Instant HR Policies.
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1.
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Description
of Product. The
subject of this License Agreement is our product Instant HR Policies, including the product itself, all
information and data contained in the product, and the
documentation accompanying the product.
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2.
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Grant
of License. We
grant to you the non-exclusive, limited right to use Instant HR Policies
to the extent provided below and in Paragraph 4 of this License
Agreement.
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(a) |
Single Copy. You may download Instant HR Policies
to, or install it on, a single, stand-alone computer
workstation. You
may give your organization’s employees access to Instant HR Policies.
However, you may not download, copy, install, or
otherwise use Instant HR Policies
in any manner that would permit
its use by more than one user at a time, or on more than one
stand-alone computer. This
means that you may not download, copy, install, load,
or make available
Instant HR Policies
on a network, regardless of
whether it is a local area network or a wide area network, or
on the Internet or the World Wide Web.
This also means that you may not download Instant HR Policies
to, or install it on, a network
even where access is limited to a single designated user.
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(b) |
Multiple
Copies. You may download Instant HR Policies
to, or install it on, (a) your employees’ individual workstations, (b) the single
file server for your local area network and/or (c) the single
file server for your wide area network, in each case in order
to give as many of your organization’s employees access to Instant HR Policies
as the number of copies of the
product that you purchased, according to your order.
Furthermore, please note that you may not copy,
install, make available, or otherwise use Instant HR Policies
on the Internet or the World Wide Web.
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It is your responsibility to
make certain that no one other than your organization’s
employees may obtain access to Instant HR Policies, and, as provided in Paragraph 6
below, you are responsible for ensuring that each of your
organization’s employee-users understands and abides by the
terms and conditions of this License Agreement.
Your organization’s “employees” do not include
consultants, independent contractors, subcontractors, clients,
or any other third parties. You
may not transfer this license to anyone without our written
permission. Your
license is subject to all the terms and conditions of this
License Agreement.
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3.
Term
of License. In the
ordinary case, your license will continue as long as you own
the product and comply with this License Agreement.
However, we may cancel your license at any time and for any
reason if we refund to you any fee you have already paid.
Be aware that the contents of Instant HR Policies
may be time-sensitive and, by
their nature, may become obsolete over time.
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4.
Scope
of License. This
License Agreement gives you and/or your organization’s
employees the right to do limited specific things with Instant HR Policies, depending on whether you have
purchased a single copy or multiple copies of the product.
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(a) |
Single Copy. If you purchased a single copy of Instant HR Policies,
you or an employee may:
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1. View
Instant HR Policies
on a computer screen; and
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2. Download, print, and/or reproduce in its entirety one
copy of Instant HR Policies.
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(b) |
Multiple
Copies. If you
purchased multiple copies of Instant HR Policies, you and your employees may:
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1.
View Instant HR Policies
on a computer screen; and |
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2.
Download, print, and/or reproduce in its entirety as many
copies of Instant HR Policies
as you purchased for use,
according to your order. |
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Any
other use of Instant HR Policies
not consistent with the terms of
this License Agreement and/or United States copyright law
requires our advance written approval. PLEASE NOTE that any and all routine and/or systematic
reproduction and redistribution of any portion of Instant HR Policies
is expressly prohibited. If
you need multiple copies of our product and have not purchased
them, please contact us (see Paragraph 11, below).
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5.
Notice
of Copyright. Instant HR Policies
contains intellectual property
belonging to us. This
intellectual property is protected by copyright and other
laws. Other than the limited license granted in this License
Agreement, we retain all rights in Instant HR Policies
and the contents thereof, and we
reserve all remedies in connection with such rights.
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6.
Your Responsibilities.
You are responsible for downloading, installing, and
maintaining Instant HR Policies
and are solely responsible for
the results obtained from any use of the product.
Instant HR Policies
is not intended as legal advice.
You also are responsible for ensuring that all persons who
may have access to Instant HR Policies
are familiar with, understand,
and comply with the terms and conditions of this License
Agreement.
As a convenience to you, our personnel are available during
business hours at the telephone number indicated below in
Paragraph 11 to provide limited support for your use of our
product.
However, we are not responsible for assisting you with
installation, use, or maintenance of Instant HR Policies.
Our personnel are also available to answer your questions
regarding this License Agreement.
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7.
Limited
Warranty. For a period of 60 days from the date Instant HR Policies
is delivered to you, we warrant that the product will be free
of defects that prevent you from downloading it to, or
installing it on, your computer, and we further warrant that Instant HR Policies
will substantially conform to the
published specifications and to accompanying documentation as
such may be revised from time to time.
Our sole obligation under this warranty is to replace any
defective product, provided that you have notified us of the
defect during the 60-day period. WE
DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR YOUR
PARTICULAR PURPOSES. WE
WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING
OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF Instant HR Policies, INCLUDING, BUT NOT LIMITED TO,
LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF Instant HR Policies,
ERRORS IN THE DATA CONTAINED IN Instant HR Policies, AND DATA LOSS OR CORRUPTION,
REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT,
CONTRACT, OR OTHERWISE. IF
THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, OUR
MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE
LICENSE FEES PAID BY YOU FOR Instant HR Policies.
THE REMEDIES AVAILABLE TO YOU AGAINST US UNDER THIS AGREEMENT
ARE EXCLUSIVE. NOTE
THAT SOME STATES DO NOT PERMIT LIMITATIONS ON IMPLIED
WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
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8.
Resolution of Disputes.
You agree that any
dispute arising from, relating to, or in any manner connected
with this License Agreement shall be construed under and
resolved in accordance with the laws of the Commonwealth of
Kentucky, exclusive of the Commonwealth of Kentucky’s laws
regarding choice of law.
You acknowledge that Instant HR Policies
is our proprietary work product and that any violation of either (a)
our copyrights therein or (b) this License Agreement will cause us
to suffer irreparable injury that could not be adequately
compensated through monetary damages.
In particular, you agree that we may enforce (a) our
copyrights and (b) this License Agreement through, among other
remedies, equitable remedies, including injunctive relief to prevent
you from infringing our copyrights or from violating the terms of
this License Agreement.
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9. Indemnity.
You agree to indemnify, defend, and hold harmless us and
our suppliers and distributors from and against any and all
claims by third parties arising out of or in any way related
to your use or misuse of Instant HR Policies
or your breach of this License Agreement, regardless of the form of
action.
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10. Entire
Agreement. This
License Agreement represents the entire agreement between us and you
concerning the rights granted herein, except insofar as our license
fees are established in other documents, and it supersedes any prior
agreement we may have had, written or oral, concerning the rights
granted herein. If any
provision of this License Agreement is held by a court of competent
jurisdiction to be invalid, the remaining provisions of this
Agreement will remain in full force and effect. This License Agreement may not be altered or amended, nor may
any of its terms be waived, except in writing signed by both you and
us.
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11.
Contacting
Us. You may
contact our support staff at Personnel Policy Service, Inc., P.O.
Box 7697, Louisville, Kentucky 40257-0697.
Our toll-free telephone number is (800) 437-3735, and our
toll-free fax number is (800) 755-7011.
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12.
Acknowledgment.
By downloading, installing, or in any way using Instant HR Policies, you acknowledge that you have
read, understand, and agree to be legally bound by the provisions of
this License Agreement. If
you have any questions regarding Instant HR Policies
or this License Agreement, please
contact us at the address and telephone number in Paragraph 11.
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13. Refund
and Cancellation. If you are unhappy with Instant HR Policies
and would like a refund, you must
notify us in writing, either by facsimile or by mail, to the
facsimile number or address listed in Paragraph 11.
In addition, you must verify in writing that (a) you have
destroyed all hard elements of Instant HR Policies
and (b) you have purged all copies of Instant HR Policies
from your local area network, wide
area network, individual workstations, server, and/or other storage
media.
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Personnel Policy Service, Inc.
· P.
O. Box 7697 · Louisville,
KY 40257 · 800-437-3735
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