Important Consumer Information Regarding

License, Customer Support and Warranty

 

Owner Registration

 

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.

 

Phone-in Support

 

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.

 

Upgrade Program

 

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.

 

Limited Warranty

 

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 our factory.

 

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 below.

 

Address:  Phoenix Phive Software Corporation

               7802 East Gray Road, Suite 100

               Scottsdale, AZ 85260

 

Software and/or on-line Help system Exclusion

 

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.

 

License Agreement

 

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 full refund.

 

Phoenix Phive Software Corporation, the sole owner of this product, hereby grants to you, and you accept, a non-exclusive License to use this product.

 

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 copies.

 

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