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RW2 for YOU™

1 year license

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License Agreement:

"RETIREMENTWORKS® FOR YOU" SOFTWARE INTERNET USE LICENSE AGREEMENT

THIS SOFTWARE LICENSE AGREEMENT CONSTITUTES A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("CUSTOMER") AND RETIREMENTWORKS®, INC. CAREFULLY REVIEW THE FOLLOWING PROVISIONS BEFORE USING RETIREMENTWORKS® FOR YOU (also known as "RW2 for YOU™"). YOUR USE OF RETIREMENTWORKS® FOR YOU INDICATES YOUR ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS HEREOF. SHOULD CUSTOMER NOT WISH TO ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE, UPON CUSTOMER'S NOTIFICATION OF SUCH NON-ACCEPTANCE AND RETURN OF ANY MATERIALS FURNISHED BY RetirementWORKS, Inc. WITHIN THIRTY (30) DAYS, RetirementWORKS, Inc. WILL REFUND THE LICENSE FEE, IF ANY, PAID BY CUSTOMER FOR THE SOFTWARE.

1. Grant of License. RetirementWORKS, Inc. grants Customer the non-exclusive right to use RETIREMENTWORKS FOR YOU software (the "Software").

2. Copy Restrictions; Ownership of Software. RetirementWORKS, Inc. (and/or its suppliers) retains title to the Software (including copies), regardless of the form of media, and to all copyrights and other rights and interests therein. The Software and accompanying written materials are protected under copyright, trade secrecy and other applicable laws. Customer may not copy, reproduce or transmit any part of the program (including, without limitation, electronic transmission over any network), except that the Software may be made available to clients of Customer for use regarding said clients' own personal and/or family financial situation. Access to the software may not be granted to any other party or for any other use.

3. Transfer Restrictions. Customer may not sublicense, assign or transfer the Software except as permitted by RetirementWORKS, Inc.. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this Software License Agreement is void.

4. Other Prohibited Acts. Customer may not lease, rent, modify, merge, reverse engineer, decompile or disassemble the Software or any portions thereof. Nor may Customer remove, obscure or alter any notice of copyright, trademarks or other proprietary rights in the Software.

5. Privacy. RetirementWORKS, Inc. agrees to protect the confidentiality of all information provided by Customer or Customer's clients during the use of the Software. RetirementWORKS, Inc. will ensure that its employees and agents who handle Customer/client information are trained to maintain the confidentiality of private information and comply with this section. RetirementWORKS, Inc. will not release such information to any third party unless upon prior written approval by Customer and Customer's affected client(s), or as required by law. The provisions of this paragraph will survive completion of Still River's work hereunder or the cancellation, expiration or termination of Agreement for any reason whatsoever.

6. Termination. This license is annually renewable, and expires on the anniversary of the original purchase of the license for the Software. The license will terminate automatically without notice from RetirementWORKS, Inc. if Customer fails to comply with any provision of this license.

7. DISCLAIMER OF WARRANTY. RetirementWORKS, Inc. does not warrant that the Software is error-free, or that it will operate without interruption or is compatible with all equipment and software configurations, or that it will otherwise meet your needs. ACCORDINGLY, THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION BY APPLICABLE LAW. ANY SUCH IMPLIED WARRANTY WILL TERMINATE UPON THE EXPIRATION OF 30 DAYS FOLLOWING DELIVERY OF THE SOFTWARE TO CUSTOMER. Some states do not allow either the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations and exclusions may not apply to Customer and Customer may have other legal rights that vary from state to state or by jurisdiction. SHOULD THE SOFTWARE (OR ANY SERVICES OR SUPPLEMENTS PROVIDED IN CONNECTION THEREWITH) PROVE DEFECTIVE OR A CLAIM BE ASSERTED ON THE GROUND THAT ALL OR ANY PORTION OF THE SOFTWARE (OR ANY SUCH SERVICES OR SUPPLEMENTS), OR ANY USE THEREOF, CONSTITUTES AN INFRINGEMENT OF ANY THIRD PARTY'S PROPRIETARY RIGHTS, RetirementWORKS, Inc. MAY, BUT SHALL NOT BE REQUIRED TO, PERFORM ANY NECESSARY SERVICING, REPAIR OR CORRECTION, OR IN THE CASE OF SUCH CLAIMED INFRINGEMENT, TO TERMINATE THIS LICENSE.

8. LIMITATIONS OF LIABILITY. IN NO EVENT WILL RetirementWORKS, Inc. OR ANY OF THEIR SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE SOFTWARE'S ANNUAL LICENSING FEE, OR FOR ANY CLAIM BY ANY OTHER PARTY. In addition, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL RetirementWORKS, Inc. OR ANY OF THEIR SUPPLIERS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF INCOME, USE OR INFORMATION. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to Customer.

9. Governing Law. This Agreement is governed by the laws (other than the conflict of law rules) of the Commonwealth of Massachusetts, and each of the parties consents to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts and the federal courts located therein for the adjudication of any controversy arising under this Agreement.

10. U.S. Government Restricted Rights. The Software and accompanying documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the appropriate subparagraphs of the Commercial Computer - Restricted Rights clause at 48 C.F.R. 52.227-19, or in the appropriate subparagraphs of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, as applicable. The contractor/manufacturer is RetirementWORKS, Inc., 69 Lancaster County Rd., Harvard, MA 01451.

 
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