Untitled Document

IF YOU ACKNOWLEDGE AND ACCEPT THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") AND THE ALLIED FINANCIAL SOFTWARE, INC. TERMS OF SERVICE ("AFSTS") PROVIDED BELOW, CLICK "YES" BELOW AND CONTINUE TO INSTALL THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK "NO" BELOW.

THIS LICENSE DOES NOT REPLACE, SUPPLEMENT NOR MODIFY THE LICENSE AGREEMENT FOR THE ACT! SOFTWARE PROVIDED EXCLUSIVELY BY INTERACT COMMERCE CORPORATION. A VALID LICENSE MUST BE SECURED BY INTERACT COMMERCE CORPORATION OR ANY OF ITS AGENTS FOR EACH USER. REFER TO THE ACT! LICENSE AGREEMENT TO USE THE ACT! SOFTWARE.

1. License. If you accept this License, Allied Financial Software, Inc. ("AFS") hereby licenses to you one electronic copy of the software database and templates you are about to install and related documentation (the "Software"). AFS retains all right, title and interest in and to the Software. That Software and all parts thereof are the subject matter of various proprietary rights, including without limitation copyrights, trade secrets, patents and other similar intellectual and industrial property rights ("Proprietary Rights").

(ii) make one copy of the Software for archival purposes, or copy the software onto the hard disk of your computer and retain the original for archival purposes;

(iii) use the Software on a network, provided that you have a licensed copy of the Software for each computer that can access the Software over that network;

(iv) after written notice to AFS, transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this agreement; and

(v) if a single person uses the computer on which the Software is installed at least 80% of the time, then after registering the product, that person may also use the Software on a single home computer.

(iii) reverse engineer, decompile, disassemble, translate or make any attempt to discover the source code of the Software; or

(iv) use a previous version or copy of the Software after you have received a disk replacement set or an upgraded version as a replacement of the prior version, unless you donate a previous version of an upgraded version to a charity of your choice, and such charity agrees in writing that it will be the sole end user of the product, and that it will abide by the terms of this agreement. Unless you so donate a previous version of an upgraded version, upon upgrading the Software, all copies of the prior version must be destroyed. Within any such copy, you must reproduce the copyright notices and any other proprietary legends that were on the original copy of the Software. No license, right or interest in any trademark, trade name or service mark of AFS or any third party is granted under this License. You acknowledge that neither this License, nor your subsequent registration of the Software (should you choose to register the Software, and thereby enable additional use or functionality), shall in any way be construed to provide an express or implied license to use, modify or improve any of the content of the Software, including without limitation any works, inventions, discoveries, technology or other items which are the subject matter of AFS's Proprietary Rights, or otherwise to use or exploit the Software or the Proprietary Rights in any matter not expressly permitted herein.

(v) remove the product logo or copyright from the software nor documentation

2. Restrictions. You may not attempt to create or derive any of the source code or other technology or data within the Software by disassembly, reverse engineering or any other method, or otherwise reduce the Software to a human-perceivable form. You may not modify or translate any part of the Software. You may not use, disclose, distribute, make or have made any copies of the Software, in whole or in part, nor rent, lease or lend the Software without the prior written authorization of AFS, provided, however, that you may maintain a backup copy of the Software during the term of this License. You agree to provide notice to AFS immediately after learning of or having reason to suspect a breach of any of the provisions set forth in this License.

3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software, and all copies thereof. This License will terminate immediately without notice from AFS if you fail to comply with any provision of this License. Upon termination, you must destroy the Software and all copies thereof.

4. Disclaimer of Warranty. REGARDLESS OF WHETHER YOU LATER CHOOSE TO REGISTER YOUR COPY OF THE SOFTWARE, THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, AND AFS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS. AFS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

Furthermore, AFS does not warrant or make any representations regarding the use or the results of the use of the software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by AFS or AFS's authorized representative shall create any warranty or in any way increase the scope of this warranty. Should the Software prove defective, you (and not AFS or AFS's authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some states do not allow 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.

5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL AFS BE LIABLE FOR ANY LOST REVENUE OR PROFITS OR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF AFS OR AFS'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 YOU. IN NO EVENT SHALL AFS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.

6. Controlling Law. This License shall be governed by and construed in accordance with the substantive laws of the State of Georgia, notwithstanding the conflicts of law provisions of that state or any other jurisdiction. All disputes arising out of this license shall be subject to the exclusive jurisdiction of federal and state courts located in Fulton County, Georgia.

7. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

The software you are acquiring has been specially configured to run on a network, and consequently AFS grants to you the right to a Single Act4Advisors Database and the Software on a computer network provided that for each and every user on the network, you have acquired and dedicated a network licensed copy of the software.

Act4Advisors is a customized ACT! database and design with many other files. Our software requires you to license and install ACT! 5.0 (2000) or ACT! 6.0 separately from Interact Commerce Corporation. Allied Financial Software, Inc. does not license ACT!

Act4Advisors is licensed and not sold. To use our software, you must agree to our licensing terms. If you do not agree to these terms, you should not purchase our license. See our Return Policy below.

Our license agreement may be changed from time to time. Please be sure to check our web site for an update or change to the licensing terms.

1. Act4Advisors licenses both the database AND the users who log into the database. When you purchase a Single User License you are licensing ONE person to use the software on a single computer. The software MAY NOT be used on a network. You may only load the software on another computer (ie.home) when you have received emailed or written permission from Allied Financial Software, Inc.

2. Network Licenses allow ONE DATABASE to be SHARED over a network (LAN). For example, a 5 User Network License allows ONE database to be shared over a network connection where up to 5 Users are allowed to login to that database. You may not use more than one database, nor may you have more than 5 ACT! users in the database. If you must add a 6th user to the database, you must upgrade to a 10 User Network License OR purchase a Single User License.

If you have any questions about our licensing, feel free to email us atsupport@software4advisors.com OR you may call us at 800.831.7636.

Though we believe all of our presales information is adequately representative of our product, we realize there may be reason to return the software. We do not take this lightly since we would like to have the assurance that our software is appropriate BEFORE the sale is transacted.

We provide a conditional 30 day money back guarantee for Act4Advisors software. This guarantee requires that you return the software, installation instructions and sales receipt for proper credit. USER UPGRADES DO NOT QUALIFY FOR MONEY BACK GUARANTEE.

Sage Software offers a 30 day money back guarantee for the ACT! software. To receive a refund, contact Sage Software for returns of their software.

ALL APPROVED RETURNS ARE SUBJECT TO A 5% FEE OFF THE TOTAL SALE. SHIPPING COSTS ARE NON-REFUNDABLE.

1. You must speak to an Allied Financial Software (AFS) representative and explain the reasons for the return.

2. You must allow the AFS representative to walk you through the uninstallation of our software. Proof of uninstallation is required to receive credit.

3. You may not keep any copies of the software or its components. If you have made any copies, you are required to destroy these copies including copies of the database itself. You may export your data to another database or to a text file but the database bucket is a licensed part of the software.

Support Policy

Note: Data Conversion/Migration/Import is not included in the price of the software price. If you would like a quote, please email support@software4advisors.com.

To upgrade your existing license within the same version, our pricing is listed below.

Support on Upgrades is limited – All support issues on upgrades should be emailed tosupport@software4advisors.com or you can purchase a per incident support for $89.00.

Note: We are not responsible for loss of data. We recommend that you back up and reindex your database periodically.

Scan and Organize for ACT!

LICENSE AGREEMENT

NOTICE: ALLIED FINANCIAL SOFTWARE, INC. AND WINDSWEPT SOFTWARE, LLC (“AFSWS”) ARE WILLING TO LICENSE THE SCAN AND ORGANIZE FOR ACT! SOFTWARE (THE “SOFTWARE”) TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS SOFTWARE LICENSE AGREEMENT (THE “AGREEMENT”). READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. YOU MUST CONTACT AFSWS AT THE ADDRESS AND TELEPHONE NUMBER PROVIDED BELOW TO OBTAIN A KEYCODE NUMBER TO ACTIVATE THE SOFTWARE. YOUR USE OF THE SOFTWARE SHALL INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT INSTALL OR DELETE THE SOFTWARE FROM YOUR COMPUTER WITHOUT USING IT AND RETURN ANY ACCOMPANYING MATERIALS TO AFSWS.

Overview:
Scan and Organize for ACT! (the “Software”) is an add-on to be used concurrently with the ACT! program which is licensed separately by Sage Software, Inc. The ACT! program is not included in this license agreement.

This license allows the Software to work with the latest version of ACT! that was available when the Software license was purchased. It may not be compatible or functional with future upgrades to the ACT! program. Compatibility updates to newer versions of ACT! may be available for an upgrade fee but there is no guarantee that updates to the Software will be made.

License. Subject to the terms of this Agreement, AFSWS grants you the non-exclusive, non-transferable right to (a) use the Software on a single computer by a single user, (b) use the documentation provided with the Software (the “Documentation”) during the term of this Agreement in support of your use of the Software, (c) read the Software into and out of memory on a single computer, and (d) make one or more copies of the Software for backup or archival purposes only. The Software is provided to you in object code form only. You must contact AFSWS at the address and telephone number provided below to obtain a keycode to activate the Software. As a registered user of the Software, you will be required to identify to AFSWS the name and contact information of the individual or entity who will be the designated licensee for the Software. Except as otherwise provided in this Agreement, only the designated licensee may use the Software.

Restrictions. You shall not: (a) use, copy, merge or transfer copies of the Software or the Documentation, except as specifically authorized in this Agreement; (b) use the Software on more than one computer; (c) use the Software simultaneously by multiple users and you will not share the software over a shared connection including but not limited to Citrix or Terminal Server except where a license fee has been paid to for all users who have access to the software (d) use the backup or archival copy of the Software (or permit any third party to use such copy) for any purpose other than to replace the original copy in the event that it is destroyed or becomes defective; (e) rent, lease, sublicense, distribute, transfer, copy, modify or timeshare the Software, the Documentation or any of your rights under this Agreement, except as expressly authorized in this Agreement; (f) provide unauthorized third parties with access to or use of the Software and Documentation; (g) reverse engineer, disassemble, decompile or otherwise attempt to access the source code of the Software; or (h) use the Software, Documentation or any part of either of them after any expiration, termination or cancellation of this Agreement or the license granted by this Agreement.

Ownership. The Software and Documentation are licensed, not sold, to you for use only upon the terms of this Agreement, and AFSWS reserves all rights not expressly granted to you. AFSWS retains ownership of all copies of the Software. You must reproduce the copyright and all other proprietary notices displayed on the Software and Documentation on each permitted back-up copy. The Software and Documentation are protected by U.S. copyright laws and international treaty, and the unauthorized reproduction or distribution thereof is subject to civil and criminal penalties.

Term. If you receive the Software and documentation on a trial basis, the license granted hereunder is for a fifteen (15) day trial period only. The Software will cease to operate at the end of that time. Upon the payment of the full license fee, AFSWS will provide you with an activation code to restore operation of the Software. Thereafter, the term of this Agreement and the license granted to you will continue until it is terminated as provided in Section 0.

Termination/Cancellation. This Agreement and the license it grants will terminate at the end of the trial period unless the full license fee is paid. This Agreement will terminate automatically in the event you violate any provision of this Agreement. You may terminate or cancel the license granted by discontinuing use of the Software, deleting it from your computer, providing AFSWS written notice, and returning the Software and documentation to AFSWS. Unless you return the Software without using it, as described in the introductory paragraph of this Agreement, you shall not be entitled to any refund upon termination of the license, no matter what the reason. Refund will only be granted within 30 days from purchase.

Limited Warranty. The following is the exclusive limited warranty (the “Limited Warranty”) applicable to the Software, the diskette(s), if any, and Documentation comprising this product. AFSWS warrants the physical diskette(s), if any, and physical Documentation provided with the Software to be free of defects in materials and workmanship under normal use for a period of thirty (30) days from the date you purchase the license of the Software. If AFSWS receives notification within the warranty period of defects in materials or workmanship, and such notification is determined by AFSWS to be correct, AFSWS will replace the defective diskette(s) or documentation. DO NOT RETURN ANY PRODUCT WITHOUT HAVING FIRST OBTAINED A RETURN AUTHORIZATION NUMBER FROM AFSWS.

AFSWS’S ENTIRE AND EXCLUSIVE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS LIMITED WARRANTY SHALL BE LIMITED TO REPLACEMENT OF DEFECTIVE DISKETTE(S) OR DOCUMENTATION. EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS-IS,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. AFSWS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT. SPECIFICALLY, AFSWS MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE IS FIT FOR ANY PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY IS LIMITED TO THE NINETY DAY DURATION OF THE LIMITED WARRANTY COVERING THE PHYSICAL DISKETTE(S) AND PHYSICAL DOCUMENTATION ONLY (AND NOT THE SOFTWARE) AND IS OTHERWISE EXPRESSLY AND SPECIFICALLY DISCLAIMED.

THE SOFTWARE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT AFSWS DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEB‑SITES, COMPUTERS, OR NETWORKS. AFSWS SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS.

This Limited Warranty gives you specific legal rights. You may have other legal rights which may vary from state to state.

Limitation of Liability. AFSWS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR OTHER SIMILAR CLAIMS, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF DATA OR LOSS OF USE OF THE SOFTWARE, EVEN IF AFSWS HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AFSWS’s LIABILITY FOR ANY DAMAGES TO YOU OR ANY OTHER PERSON EVER EXCEED THE LOWER OF SUGGESTED LIST PRICE OR ACTUAL PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF ANY FORM OF THE CLAIM. YOU AGREE THAT YOU WILL HAVE SOLE AND COMPLETE RESPONSIBILITY FOR ANY DECISIONS MADE OR ACTIONS TAKEN BY YOU IN RELIANCE UPON THE SOFTWARE AND THE DOCUMENTATION AND ANY RESULTS OR DATA OBTAINED THEREFROM. YOU AGREE THAT THE SOFTWARE AND DOCUMENTATION ARE DESIGNED TO ASSIST YOU IN THE PERFORMANCE OF YOUR PROFESSIONAL ACTIVITIES AND ARE NOT INTENDED TO REPLACE YOUR SKILL AND JUDGMENT. YOU AGREE AND ACKNOWLEDGE THAT THE SOFTWARE AND DOCUMENTATION ARE NOT INTENDED TO SUPPLY TAX, INVESTMENT, OR LEGAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL FOREIGN, FEDERAL, STATE, AND LOCAL LAWS, RULES, AND REGULATIONS, AND THE RULES AND REGULATIONS OF ANY SELF-REGULATORY ORGANIZATION OF WHICH YOU ARE A MEMBER.

Some states do not allow the exclusion of incidental or consequential damages, or a limitation on how long an implied warranty lasts, so some of the above may not apply to you.

Entire Agreement. The Agreement constitutes the entire agreement between you and AFSWS and may only be modified in writing and signed by you and a specifically authorized representative of AFSWS. No vendor, distributor, dealer, retailer or other person is authorized to modify this Agreement or to make any representation or warranty concerning this product other than those specifically set forth in this Agreement.

AFSWS Web Sites. Your access and use of any of AFSWS web sites, including but not limited towww.scanandorganize.com , www.software4advisors.com and any other sites controlled by AFSWS, shall be subject to the terms and conditions of use posted on the Web sites. Any software, documentation, and other information downloaded from the Web sites shall be subject to the licenses provided with such material or, if no license is provided, the materials shall be treated as Software under this Agreement and subject to all limitations and restrictions provided herein.

General. If any provisions of this Agreement are invalid under applicable law, they shall be enforced to the maximum permissible extent to effect the intent of the parties, and the remaining provisions will remain in full force and effect. This Agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of Georgia without reference to choice of law principles. You agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state and federal courts located in Palm Beach County, Florida. The following provisions shall survive termination or expiration of this Agreement: Sections 3 (Ownership), 5 (Termination/Cancellation), 6 (Limited Warranty), 7 (Limitation of Liability), and 10 (General).

If you have any questions concerning this Agreement, please contact ALLIED FINANCIAL SOFTWARE, INC., 11800 Northfall Lane, Ste 1404 Alpharetta, GA 30009. Telephone (770) 475-0495.

Single User to Two User Network Upgrade	$150
Single User to Five User Network Upgrade	$350
Single User to Ten User Network Upgrade	$700
Two User to Five User Network Upgrade	$250
Two User to Ten User Network Upgrade	$600
Five User to Ten User Network Upgrade	$400