SOFTWARE LICENSE AGREEMENT
This is a legal agreement between you the end user and The Golden Bough, L.L.C., (hereinafter “PUBLISHER”).
By using the software you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you must promptly remove any copies of the software from any computer on which you have made copies. and return any media containing the software and (including any written materials and binders or other containers) to the place you obtained them for a full refund of the purchase price.
LICENSE: The files installed from the Louisiana Notary ™ Forms installation file are prepared for use subject to this license. These files are licensed to natural persons who are authorized under Louisiana law to exercise notarial functions and who obtain them by paying the required license fee and by meeting any applicable requirements of the publisher.
The files are for the sole and exclusive use of licensee and may not be reproduced for sale or distribution without the permission of the publisher. None of the files licensed hereunder may be reproduced for any purpose except as provided for in this license.
Files and format copyright (c) 1999-2009 Acadian Business Services Corporation and (c) 2004-2009 The Golden Bough, L.L.C. All rights reserved. No claim is made to authorship of government works.
With the exception of the prohibited use specified below, this license authorizes ONE NATURAL PERSON who is authorized under Louisiana law to exercise notarial functions to the use of these files for personal use only, including exercise of notarial functions and fulfilling the duties of the office of notary public. Personalization of any of the form textfiles by further formatting, editing, printing, and preparation of printed versions by the licensee for purposes incidental to personal use or exercising notarial functions and fulfilling the duties of the office of notary public is considered authorized use.
Prohibited use: No license is granted to any person for the purpose of using these forms in preparing or studying for the Louisiana State Notary Public Examination. The forms included in this license are intended for use by experienced notaries and licensed attorneys only under the license terms stated herein. Any other use constitutes unauthorized use.
If this license has been obtained by an entity other than a natural person, the provisions of this license authorize its use under the terms above only by one natural person designated by the licensee at the time of installation. Additional users may be licensed by meeting applicable requirements of the publisher and by paying multiple user or site license fees.
Detailed terms of this license are stated in PART II of this agreement below.
These files licensed herein are guaranteed only to take up space on digital media. No other warranties, express or implied, are made.
It is the responsibility of the licensee to make any and all determinations about the appropriate use of these forms in particular notarial transactions. The information contained in these files is given without warranty as to legal efficacy and nothing contained on this disk is intended as legal advice.
If the licensed files are supplied to the licensee via CD or diskette, any claims for replacement of a defective CD or diskette will be considered only if made within 5 days of receipt of the CD or diskette, if accompanied by the original defective CD or diskette a letter certifying the defect, and a required nominal handling charge.
Publisher is The Golden Bough, LLC. DBA Louisiana Notary ™ PO Box 67041, Baton Rouge, Louisiana 70896.
1. GRANT OF LICENSE: PUBLISHER grants to you the right to use one copy of the enclosed software program (the “SOFTWARE”) on a single computer at a single location designated by you as your office, and on any other single computer at your domicile. You may access the SOFTWARE from a hard disk, over a network, or by any other method you choose so long as you otherwise comply with this Agreement. For the purpose of this section, use means loading the SOFTWARE into RAM (random access memory) as well as installation on a hard disk or other storage device, provided that installation on a network server for the sole purpose of distribution to one or more other computer(s) for the exclusive use of the natural person to whom this license is granted shall not constitute “use” for which a separate license is required. Use by any additional individual natural person requires a separate useer license for each person who uses the software.
2. COPYRIGHT: The SOFTWARE is LICENSED TO a single user for personal use and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy any written materials which may accompany the SOFTWARE.
3. OTHER RESTRICTIONS: You may not rent or lease the SOFTWARE, you may not transfer the SOFTWARE without the written permission of the PUBLISHER. You may not decompile, disassemble, reverse engineer, copy, create a derivative work, or otherwise use the SOFTWARE except as stated in this Agreement.
4. LIMITED WARRANTY/LIMITATION or LIABILITY: This SOFTWARE is licensed AS IS. If for any reason you are dissatisfied with the SOFTWARE, return the product package, with proof of purchase, to the publisher within ten (10) days of the date of delivery to you for a full refund exclusive of shipping and handling charges. If any materials or media included with this software are defective, return them to PUBLISHER within five (5) days of the date of receipt, and they will be replaced at no charge.
These warranties are in lieu of any other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. In no event will PUBLISHER or publisher’s suppliers be liable to you for damages, including any loss of profits, lost savings, business interruption, loss of business information, or any other pecuniary loss or other incidental or consequential damages arising out of your use of or inability to use the SOFTWARE, even if PUBLISHER or an authorized representative has been advised of the possibility of such damages.
Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages; and some jurisdictions have special statutory consumer protection provisions which may supersede this limitation. As a result, this limitation of liability may not apply to you if prohibited by the laws of your jurisdiction.
5. CUSTOMER REMEDIES: PUBLISHER and his suppliers’ entire liability and your exclusive remedy shall be, at PUBLISHER’s option, either (a) return of the purchase price paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet PUBLISHER’s Limited Warranty and which is returned to PUBLISHER with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. These remedies are not available outside the United States of America.
6. CUSTOMER SUPPORT: PUBLISHER will attempt to answer your specific customer request; however, this service is offered to you on a best efforts basis only and PUBLISHER may not be able to resolve every support request. PUBLISHER supports the SOFTWARE only so long as it is used under conditions or on operating systems for which the SOFTWARE is designed.
7. ALTERATIONS: PUBLISHER reserves the right to alter the program and may do so from time to time. Specific alterations or amendments to the program may be made to personalize or customize the use of the SOFTWARE to a particular user’s needs. Such requests should be directed to PUBLISHER at the address which appears at the end of this Agreement.
8. GENERAL: If any provision of this Agreement is found to be unlawful, void, or unenforceable, then that provision shall be severed from this Agreement and will not affect the validity and enforceability of any of the remaining provisions. This Agreement shall be governed by the laws of the State of Louisiana.
9. U.S. GOVERNMENT RESTRICTED RIGHTS: The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restriction as set forth in subparagraph (c)(1)(i) 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 48 CFR 52:227-19, as applicable.