PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE CLICKING THE “AGREE” BUTTON OR USING THE SOFTWARE. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND INTERCAP MERCHANT PARTNERS, LLC D/B/A FUTURE FILE THAT SETS FORTH THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE LICENSED SOFTWARE.
BY CLICKING THE “AGREE” BUTTON OR BY USING THE SOFTWARE, YOU ACCEPT AND AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS STATED OR REFERENCED HEREIN AND ALL SUCH TERMS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE FUTURE FILE SOFTWARE, DO NOT USE THIS SITE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”, AND IMMEDIATELY CONTACT FUTURE FILE TO OBTAIN A REFUND OF ANY LICENSE FEES PAID. LICENSE FEES PAID BY LICENSEE SHALL NOT BE REFUNDABLE ONCE ANY AUTHORIZED USER ACCEPTS THIS LICENSE OR BEGINS ANY USE OF FUTURE FILE SOFTWARE.
This End User Software License Agreement (“Agreement”) represents a legal agreement between you as an individual (“User” or “You”) and Intercap Merchant Partners, LLC d/b/a Future File (“we,” “us,” or “Future File”), as it relates to the procurement and use of the Future File software (“Software”)
1. GRANT OF LICENSE. You are hereby granted a limited, personal, non-exclusive, non-sublicensable, perpetual license to install and use one (1) copy of the Software on one (1) computer owned or controlled by you. The Software is in use on a computer when it is loaded into temporary memory (RAM) or installed into permanent memory (hard disk, CD-ROM, DVD-ROM or other storage device).
You may not use the Software on both a device hosting a remote desktop session and the access device at the same time or in a networked environment, unless all users and devices are appropriately licensed. The documentation that accompanies the Software is licensed for your internal, non-commercial reference purposes only. Future File reserves all rights not expressly granted herein.
All Software and accompanying documentation is for use by the licensed User only and is not for external or commercial use. You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the Software and/or any of its components. You may not distribute the Software through media or download and/or via internet-based services as part of any subsequent product or service. You may not copy or post any templates or other component associated with the Software on any network computer or broadcast it by any means.
2. COPYRIGHT. All rights, title, and copyrights in and to the Software (including, but not limited to, any images, photographs, animations, video, audio, music, text, and/or “applets” incorporated into the Software) and any copies of the Software are owned by the Future File or its licensors. The Software is protected by copyright, and trademark laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, except that you may make one copy of the Software solely for backup or archival purposes. You may not copy any printed materials accompanying the Software. The Software is licensed, not sold. This Agreement does not grant you any rights to trademarks or service marks of Future File.
3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law.
4. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services of or with the Software. You may not use the Software to operate a service bureau or use it to provide services to individuals outside of your immediate family.
6. LINKS TO THIRD PARTY SITES. Future File is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Future File may provide links and access to third-party sites and services to the User(s) only as a convenience, and the inclusion of any link or access does not imply an endorsement by Future File of the third-party site or service.
7. SOFTWARE TRANSFER. The original User may transfer licensed copies of the Software to a different device provided the User ensures the complete removal of the Software from the former device immediately following the transfer.
8. TERMINATION. Without prejudice to any other rights, Future File may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Software and any associated components.
9. LIMITED WARRANTY.
THE SOFTWARE AND INFORMATION IN ALL FILES AND DOCUMENTATION ACCOMPANYING THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
NEITHER Future File NOR ANY OF ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND Future File AND ITS LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY.
NEITHER FUTURE FILE LICENSOR NOR ANY OTHER PERSON OR ENTITY IS RESPONSIBLE FOR LOSS OF REVENUE OR PROFITS, EXPENSE OR INCONVENIENCE, OR FOR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE, WHETHER ON ACCOUNT OF NEGLIGENCE OR OTHERWISE, OR BY FAILURE TO CONFORM TO ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS.
FUTURE FILE’S ENTIRE, CUMULATIVE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT AND USE OF THE SOFTWARE IS LIMITED TO THE SOFTWARE LICENSE FEES ACTUALLY PAID BY YOU TO FUTURE FILE.
10. SUPPORT, UPDATES & UPGRADES. The Future File is not responsible for maintaining the Software or assisting any User or organization with the procurement, installation, maintenance or use of Software. Because the Software is provided “as is”, no updates, customization services or support services are provided or required to be made available to you and/or the Software, unless a separate support and maintenance services agreement is established outside this EULA.
This Agreement applies to any and all updates, upgrades, supplements, add-on components, or Internet-based services components of the Software that Future File may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. Future File reserves the right to restrict, limit, or discontinue any and/or all support and/or any other services provided to you or made available to you through the use of, or related to, the Software and/or components.
To use Software identified as an upgrade, you must first possess a valid license to use the Software identified by Future File as eligible for the upgrade. After installing the upgrade, you may no longer use the original Software that formed the basis for your upgrade eligibility, except as part of the upgraded software. Future File reserves the right to prohibit or discontinue participation in product upgrades and may require additional licensing or fees for Software updates, upgrades and/or any associated activities.
11. GOVERNING LAW; CONSENT TO JURISDICTION. This Agreement shall be construed under the laws of the State of Illinois, without regard to its principles of conflicts of law. YOU AGREE THAT ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT, THE SOFTWARE, OR THE TRANSACTIONS CONTEMPLATED HEREBY MAY BE BROUGHT ONLY IN THE STATE OR FEDERAL COURTS SITTING OR HAVING JURISDICTION OVER THE COUNTY OF COOK, ILLINOIS, AND YOU HEREBY SUBMIT TO AND ACCEPT GENERALLY AND UNCONDITIONALLY THE EXCLUSIVE JURISDICTION OF THOSE COURTS WITH RESPECT TO PERSON AND PROPERTY. YOU HEREBY IRREVOCABLY WAIVE ANY OBJECTION TO THE VENUE OF ANY SUCH SUIT OR PROCEEDING IN THE ABOVEDESCRIBED COURTS. NOTHING IN THIS PARAGRAPH SHALL AFFECT THE RIGHT OF FUTURE FILE TO SERVE PROCESS IN ANY MANNER PERMITTED BY LAW OR LIMIT ITS RIGHT TO BRING ANY SUCH ACTION OR PROCEEDING IN THE COURTS OF ANY OTHER JURISDICTION.
12. ENTIRE AGREEMENT SEVERABILITY. This Agreement (including any addendum or amendment) is the entire agreement between you and Future File relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this Agreement. To the extent the terms of any Future File policies or programs conflict with the terms of this Agreement, the terms of this Agreement shall control. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
13. BINDING AGREEMENT. This agreement is binding on you, your successors and assigns. Future File may assign its rights and delegate its duties under this Agreement to a purchaser in connection with a sale of substantially all of the assets of Future File or a division of same, a merger or other business combination having a similar effect, or as a result of a change of control Future File, provided that the assignee assumes any and all such duties in writing.
14. ACKNOWLEDGEMENTS. Future File does not and shall not provide you with any financial or legal advice. You acknowledge and agree that Future File exercises no control over any of your data. ACCORDINGLY, YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAING BACK UP COPIES OF ALL OF YOUR DATA.
No amendment to this Agreement shall be effective unless signed by an officer of the licensor. An amendment or addendum to this Agreement may be issued by Future File in electronic or hardcopy form. Should you have any questions concerning this Agreement, or if you desire to contact Future File for any reason, please use the current contact information provided at Futurefile.com or please email us by clicking HERE or by U.S. mail addressed to Future File, PO BOX 1001, Wheeling, IL 60090.