Terms and conditions                                      

 End User License Agreement

Approved Horizon

[ ] CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY ACCEPTING INSTALLATION YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CANCEL THIS INSTALLATION.

License Grant

The software ("Software") and related explanatory written materials ("Documentation"). "Software" includes any upgrades, modified versions, updates, additions and copies of the Software. "You" means the person or company who is being licensed to use the Software or Documentation. "We" and "us" means Approved Horizon/Computer Solutions Engineering, Inc.

We hereby grant you a nonexclusive license to use unlimited copies of the Software on any number of computers, provided the Software is in use on only the database(s) approved by us. The Software is "in use" on a database when it is loaded into temporary memory (RAM) or installed into the permanent memory of a computer—for example, a hard disk, and connected to a data store.

Title

We remain the owner of all rights, title and interest in the Software and Documentation. 

Things You May Not Do

The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material--for example a book. You may not:

• copy the Documentation,

• copy the Software except to make archival or backup copies or install on additional PC’s as provided above,

• modify or adapt the Software or merge it into another program.

• reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,

• sublicense, rent, lease or lend any portion of the Software or Documentation.

Transfers

You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer.

Limited Warranty

We warrant that for a period of Sixty days after delivery of this copy of the Software to you:

• the physical media (if any) on which this copy of the Software is distributed will be free from defects in materials and workmanship under normal use, and

• the Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Limited Remedy

Our entire liability and your exclusive remedy shall be:

• the replacement of any media not meeting our Limited Warranty which is returned to us or to an authorized Dealer, or

• if we or an authorized Dealer or Distributor are unable to deliver a replacement that is free of defects in materials or workmanship, you may terminate this Agreement. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Payment

You are purchasing a limited license to use the software. The purchase price is calculated as follows:

[ x ] Initial purchase of user license is Per user. This purchase price includes full use of the existing software, phone and email technical support and training, all upgrades and updates.

[x] Online member join, renewal dues payment and event registration is a feature of the product (with approved merchant integration). Use of this system will incur a cost of $1/paid transaction or registration.

[x] Monthly ongoing support cost of $80.00 per month

Technical Support & Training

You are purchasing a limited license to use the software. The purchase price includes Technical Support and Training as follows:

Technical Support:

[ x ] Complete online initial setup and implementation provided by our technical support team. 

[ x ] Unlimited Approved Horizon technical support will be provided via telephone and online support beginning at date of purchase. Upon termination of this agreement, any and all technical support will also be terminated.

[x] Technical support and ongoing updates are billed on an annual basis. All technical support of the product will expire if the ongoing technical support and update fees are not paid. 

Training:

Note: Approved Horizon uses QuickBooks as its banking and check writing module; because of this relationship, training and technical support includes some Quickbooks training with regard to use in conjunction with Approved Horizon. Support requiring in depth accounting instruction may have a separate fee imposed at the discretion of the Approved Horizon support team. 

[x] Onsite training. If you would like a representative from Approved Horizon to come to your office for onsite training a cost of $500/day plus ancillary travel expenses (hotel, flight, rental car if needed) will be billed.

Data conversion:

Data conversion from Approved Association is performed at a flat fee of $250.00 per database. Data conversions from other data sources will be evaluated beforehand for the data that can be retrieved and the cost to transfer the data.

Website Development: 

All website technical support is included in the use of the integrated CMS. We will create a customized website to your design specifications at the rate of $50.00 per hour.

Term and Termination

This license agreement takes effect upon your use of the software and remains effective until terminated. Failure to pay the technical support and upgrades fee will be the equivalent of termination. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. 

Confidentiality

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

General Provisions

1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Software.

2. This license agreement may be modified only by written agreement signed by you and us.

3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.

4. This license agreement is governed by the laws of the State of Florida, County of Seminole.

5. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.