Web Earth Online Privacy Policy

LICENSE AGREEMENT

Software Product: TallyDog Circle of Friends
Sold By TSD Inc. (DBA as WebEarthOnline.com)
Lenexa, Kansas

LICENSE STATEMENT

IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes a legal agreement (''License Agreement'') between you (either as an individual or a single entity) and TSD Inc. for the software product (''Software'') identified above, including any software, media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT. If you are the original purchaser of the Software and you do not agree with the terms and conditions of the License Agreement, promptly return the unused Software to the place from which you obtained it for a full refund.

Upon your acceptance of the terms and conditions of the License Agreement, TSD Inc. grants you the right to use the Software in the manner provided below.

This Software is owned by Chester A. Godsy and sold by TSD Inc. or its suppliers and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book).

Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You acknowledge that the Software in source code form remains a confidential trade secret of TSD Inc. and/or its suppliers and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation.

If you have purchased an upgrade version of the Software, it constitutes a single product with the TSD Inc. software that you upgraded. You may use or transfer the upgrade version of the Software only in accordance with the License Agreement.

This Software is subject to U.S. Commerce Department export restrictions, and is intended for use in the country into which TSD Inc. sold it (or in the EEC, if sold into the EEC).

ADDITIONAL LICENSE TERMS FOR TallyDog Circle of Friends
You may install a copy of the Software on one mobile phone, provided that you are the only individual using the Software. If you are an entity, TSD Inc. grants you the right to designate one individual within your organization (''Named User'') to have the right to use the Software in the manner provided above.

TSD Inc. products may include certain files (''Redistributables'') intended for distribution by you to the users of programs you create. Redistributables include, for example, those files identified in the accompanying printed or on-line documentation as redistributable files, those files preselected for deployment by an install utility provided with the Software (if any), or those files pre-selected by a third party install utility which operates under control of an install script which TSD Inc. has certified (if any) for use by licensed users of this Software for
deploying applications. In any event, the Redistributables for the Software are only those files specifically designated as such by TSD Inc.. From time to time, TSD Inc. may designate other files as Redistributables. You should refer to the documentation, including any ''readme'' or ''deploy'' files included with the Software, for additional information.

Subject to all of the conditions in this statement, you may reproduce and distribute exact copies of the Redistributables, provided that such copies are made from the original copy of the Software or the copy transferred to the single hard disk. Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this statement that you have created using the Software. Under no circumstances may any copies of Redistributables be distributed separately. You may not reproduce or distribute any TSD Inc. documentation without TSD Inc.'s permission.

The Software might include source code, redistributable files, and/or other files provided by a third party vendor (Third Party Software). Since use of Third Party Software might be subject to license restrictions imposed by the third party vendor, you should refer to the on-line documentation (if any) provided with Third Party Software for any license restrictions imposed by the third party vendor. In any event, any license restrictions imposed by a third party vendor are in addition to, not in lieu of, the terms and conditions of the License Agreement.

All libraries, source code, Redistributables and other files remain Chester A. Godsy's exclusive property. Regardless of any modifications that you make, you may not distribute any files (particularly source code and other non-executable files) except those that TSD Inc. has expressly designated as Redistributables. Nothing in the License Agreement permits you to derive the source code of files that TSD Inc. has provided to you in executable form only, or to reproduce, modify, use, or distribute the source code of such files.

Contact TSD Inc. for the applicable royalties due and other licensing terms for all other uses and/or distribution of the Redistributables.

LIMITED WARRANTY
Except with respect to the Redistributables, which are provided ''as is,'' without warranty of any kind, TSD Inc. warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

TSD Inc.’s and its suppliers’ entire liability and your exclusive remedy shall be, at TSD Inc.’s option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet TSD Inc.’s Limited Warranty and which is returned to TSD Inc. with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by TSD Inc. are available without proof of purchase from an authorized non-U.S. source.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TSD INC. AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TSD INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TSD INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TSD INC.'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5; PROVIDED, BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage (''High Risk Activities''). TSD Inc. and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (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, as applicable. Manufacturer is TSD Inc.

GENERAL PROVISIONS
This statement may only be modified in writing signed by you and an authorized officer of TSD Inc.. If any provision of this statement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.

This statement shall be construed, interpreted and governed by the laws of the State of Kansas, U.S.A. This statement gives you specific legal rights; you may have others which vary from state to state and from country to country. TSD Inc. reserves all rights not specifically granted in this statement.