License and Warranty Statement
Important Consumer Information
License, Customer Support and
In order to benefit from the
Phone-in Support and Upgrade programs described herein, this software must be
registered with Phoenix Phive. Your web purchase is automatically Registered
when you provide us with your email address and complete contact information.
Alternatively you can simply complete and sign the Registration Card and drop it
in the mail. If by chance the card is missing, you may request a Registration
Card by sending a letter and a copy of your proof of purchase to the address
under “Limited Warranty” herein.
This software product has been
thoroughly tested. If you have any problems using this software, we ask that you
first study the on-line Help system or the optional printed Manual. The answers
to most questions can be easily found in the on-line Help.
If as a Registered Owner, you
are still unable to solve the problem after consulting the on-line Help system,
Phoenix Phive maintains a phone-in support service. There is no charge to you,
the Registered Owner, for two (2) hours of support in the six months after date
of purchase. Service past this period is available at the then applicable fee.
Simply call 480.483.0991
between the hours of 8:00 a.m. and 4:00 p.m. Mountain Standard Time to be
connected with a Support Specialist. Please have your serial number available
when you call.
We will attempt to assist you
in resolving your problem but, in view of the wide variations of hardware and
software which this software is adapted to be used with, we cannot guarantee a
successful resolution of all problems.
If, as a result of our ongoing
product development program, we decide to upgrade this software, we will notify
all Registered Owners of the availability of such upgrades.
Registered Owners will be
entitled to purchase any such upgrades for a special “Registered Owner Price”.
Pricing and terms will be outlined in the announcement.
Phoenix Phive Software
Corporation warrants to the original owner that the disks containing the
software will be free from defects in material and workmanship for a period of
ninety (90) days from the date of original purchase. In the event of a defect in
material or workmanship under normal use and service during the warranty period,
Phoenix Phive's entire liability and your sole and exclusive remedy shall be the
replacement of the defective disk. Replacement disks will be supplied containing
the recorded information which was found on the disks when originally purchased.
We assume no responsibility for any information which was not recorded by us at
THIS SOFTWARE AND ON-LINE HELP SYSTEM
ARE DISTRIBUTED SOLELY ON AN 'AS IS' BASIS. EXCEPT AS INDICATED ABOVE,
PHOENIX PHIVE SOFTWARE CORPORATION AND ITS DISTRIBUTORS AND DEALERS MAKE NO
WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND ON-LINE
HELP SYSTEM, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE
SPECIFICALLY DISCLAIMED. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU
MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
In order to obtain replacement
under the terms of this warranty, you must send the defective item to us at the
Address: Phoenix Phive Software Corporation
7802 East Gray Road, Suite 100
Scottsdale, AZ 85260
Software and/or on-line Help
Should either the software or the on-line Help system prove
defective, you and only you assume the entire cost of any corrective measures.
PHOENIX PHIVE SOFTWARE CORPORATION AND ITS DEALERS AND DISTRIBUTORS WILL NOT BE
LIABLE FOR CONSEQUENTIAL, DIRECT, INDIRECT OR INCIDENTAL DAMAGES RESULTING FROM
ANY DEFECT IN THE SOFTWARE OR ON-LINE HELP SYSTEMS OR PRINTED MANUAL, EVEN IF IT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
This software, when sold at retail, is licensed by Phoenix
Phive Software Corporation to the original purchaser and any subsequent owners
of the product only under the terms stated below. Use of the software means that
you have accepted these terms. If you do not agree to these terms, call
1-800-331-1811 within 10 days for instructions on how to return it to us for a
Phoenix Phive Software Corporation, the sole owner of this
product, hereby grants to you, and you accept, a non-exclusive License to use
You may install this software on only
one (1) computer except that if you occasionally
work from home, you may install another copy on your home
computer for your personal use. You may use this software only on one (1)
computer at one time. Violation of this clause will result in immediate
cessation of all support, maintenance, and update services until such time as
you purchase enough licenses to bring you into compliance.
You may use this software on any compatible hardware that
you own or use except that when installed on a network file server you may only
use it from a single designated workstation.
If you need multiple concurrent
users, you must purchase a Site License.
You may not copy this product except for two (2) archival
You may not decompile, reverse engineer, translate or
disassemble this product, nor may you create derivative products from it, nor
include it in any other product. You may not use this product in any network of
computers, electronically transfer it between any computers, or make it
available in any time-sharing service or any multiple-user arrangement. If you
wish to do any of the above, you must apply to Phoenix Phive Software
Corporation for a separate License to covers these uses.
You may not loan, rent, transfer or sell this software to
anyone else unless you permanently transfer all copies in your possession and
the recipient writes to Phoenix Phive Software Corporation including acceptance
of all these terms.
This license agreement lasts until you return to Phoenix
Phive Software Corporation, properly transfer, or destroy all copies in your
possession. Phoenix Phive Software Corporation may cancel this License at any
time without notice if you breach any of its terms.
The Phoenix Phive Software Corporation disclaims all
indemnities with respect to the product being licensed hereunder. You agree to
indemnify Phoenix Phive against any claim or damages asserted against Phoenix
Phive as a result of the use to which you put this licensed product.
This agreement, which shall be
governed and construed in accordance with the laws of the State of Arizona, is
the complete agreement between Phoenix Phive Software Corporation and yourself
with respect to the licensed product, superseding all prior agreements or
understandings, whether oral or written, relating to the subject matter hereof
and may not be altered or amended except by a document in writing signed by an
authorized officer of Phoenix Phive Software Corporation