Banktivity 6 for Mac

End User License Agreement

END-USER LICENSE AGREEMENT FOR VENDOR SOFTWARE

IMPORTANT -- READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal contract between you (either an individual or a single business entity) and IGG Software, Inc. for the Vendor software product identified above, which includes computer software and, as applicable, associated media, printed materials, and "online" or electronic documentation (the "Software Application").

BY CLICKING THE "AGREE" OR [ACCEPT] BUTTON BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE APPLICATION, AND EXIT NOW.

LICENSE TERMS

Following acceptance of this Agreement, you can use and install the software for use in your household or place of business as described below.

Use on a Personal Computer. You may install the registered copy on up to five (5) computers, provided they are within the same household. If you are a private business rather than an individual, you may authorize and install the software on up to five computers. In addition to the five computers, the primary user of the computer on which the Software Application is installed may make a second copy for his or her exclusive use on a backup or portable computer, so long as each registered copy of the Software Application is used on only one computer at a time.

OTHER LIMITATIONS

You may not rent, lease or lend the Software Application.

You may not reverse engineer, decompile, or disassemble the Software Application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Vendor may provide you with support services related to the Software Application ("Support Services"). Use of Support Services is governed by Vendor policies and programs described in the user manual, in "online" documentation, and/or in other Vendor-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Application and subject to the terms and conditions of this Agreement. With respect to technical information you provide to Vendor as part of the registration of your license to the Software Application or in connection with the Support Services, Vendor may use such information for its business purposes, including for product support and development.

You may permanently transfer all of your rights under this Agreement, provided that you retain no copies, you transfer all of the Software Application (including all component parts, the media and printed materials, any upgrades and your registration), and the recipient agrees to the terms of this Agreement.

Without prejudice to any other rights, Vendor may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Software Application and all of its component parts, and Vendor may suspend or deactivate your use of the Software Application with or without notice.

PROPRIETARY RIGHTS

Copyright. All title and copyrights in and to the Software Application (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Application), the accompanying media and printed materials, and any copies of the Software Product are owned by Vendor or its suppliers. The Software Application is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Application like any other copyrighted material, subject to the provisions of this Agreement.

U.S. Government Restricted Rights. The Software Application and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer for such purpose is IGG Software, Inc., P.O. Box 584, Ashland, Oregon 97520.

Website, Live Chat and Email Submissions. Should you decide to transmit to Vendor's website or servers by any means or by any media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant Vendor and its assigns a non-exclusive, royalty free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.

Web Service Submissions. Should you decide to use any of Vendor’s web services, such as Cloud Sync or other web service, you agree that Vendor shall not be responsible for any lost or stolen data. Vendor reserves the right to shut down such services at any time without prior notice. Vendor also reserves the right to delete and/or duplicate data on any of its servers for backups, troubleshooting or other reasons Vendor deems appropriate.

You are licensing to Vendor and its service providers, including but not limited to, Envestnet | Yodlee (“Yodlee”), any information, data, passwords, materials or other content you provide through or to the Software Application (collectively “Content”). Vendor and Yodlee may use, modify, display, distribute and create new material using such Content to provide the Software Application to you. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any time limit, and without the payment of any fees, Vendor and Yodlee may use the Content for any purposes, including those stated above. As between Vendor and Yodlee, Vendor owns your confidential account information.

BANK ACCESS

The Software Application uses the Open Financial Exchange protocol to access your financial records and initiate payments via Bill Pay, if supported by your financial institution. The primary setting is to identify the Software Application as iBank or Banktivity for your financial institution. If your institution does not recognize iBank or Banktivity as an accepted Software Application, it will default to an alternative identification. You agree to allow the Software Application to collect data to inform IGG Software which financial institution rejected iBank as the identifier. IGG Software may use this information to contact your financial institution to become a recognized Software Application.

GOVERNING LAW

This Agreement shall be governed by the laws of the State of Vermont. PROPRIETARY RIGHTS

Copyright. All title and copyrights in and to the Software Application (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Application), the accompanying media and printed materials, and any copies of the Software Product are owned by Vendor or its suppliers. The Software Application is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Application like any other copyrighted material, subject to the provisions of this Agreement.

U.S. Government Restricted Rights. The Software Application and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer for such purpose is IGG Software Inc, PO Box 584, Ashland, Oregon 97520.

Submissions. Should you decide to transmit to Vendor's website by any means or by any media any materials or other information (including, without limitation, ideas, concepts or techniques for new or improved services and products), whether as information, feedback, data, questions, comments, suggestions or the like, you agree such submissions are unrestricted and shall be deemed non-confidential and you automatically grant Vendor and its assigns a non-exclusive, royalty free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, display and perform the same.

DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS." VENDOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR SUCH FILES. VENDOR AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IGG SOFTWARE, INC. AND ITS LICENSOR(S) DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THE CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME JURISDICTIONS. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL IGG SOFTWARE, INC. AND ITS LICENSOR(S), AND THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY IGG SOFTWARE, INC. AND ITS LICENSORS) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF IGG SOFTWARE, INC. AND ITS LICENSOR(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, IGG SOFTWARE, INC.’S AND ITS LICENSORS' LIABILITY TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL BE LIMITED TO THE PRICE YOU PAID IGG SOFTWARE, INC. FOR THIS PRODUCT. IN NO EVENT WILL IGG SOFTWARE, INC. (OR ANY OF ITS MEMBERS) BE HELD ACCOUNTABLE FOR ANYTHING THAT ARISES FROM THE USE OF THIS PRODUCT.

Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the Software Application. ANY LIABILITY OF VENDOR FOR A DEFECTIVE COPY OF THE SOFTWARE APPLICATION WILL BE LIMITED EXCLUSIVELY TO REPLACEMENT OF YOUR COPY OF THE SOFTWARE APPLICATION WITH ANOTHER COPY OR REFUND OF THE INITIAL LICENSE FEE VENDOR RECEIVED FROM YOU FOR THE DEFECTIVE COPY OF THE PRODUCT. IN NO EVENT WILL VENDOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A VENDOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long a given warranty may last, so the above limitations may not apply to you.

AGAIN, BY CLICKING THE "AGREE" OR [ACCEPT] BUTTON BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE APPLICATION, AND EXIT NOW.

Copyright ©2018 IGG Software, Inc.