END USER LICENSE AGREEMENT

This copy of the Growth Prediction System (“the Software Product”) and accompanying documentation are licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties relating to other forms of intellectual property. Calf Notes Consulting, LLC or its subsidiaries, affiliates, and suppliers (collectively, “CNC”) own intellectual property rights in the Software Product. Licensee’s (“you” or “your”) license to download, use, copy, or modify the Software Product is subject to these rights and all of the terms and conditions of this End User License Agreement (“Agreement”).

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU ARE PERMITTED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “REJECT” AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.

License Grant

This Agreement grants you the right to install and use one copy of the Software Product. In addition, you may make an archival copy of the Software Product. The archival copy must be on storage media other than a hard drive and may only be used for reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows application sharing, on a multi-user network, or on any configuration or computer system that allows multiple users. The use or installation of multiple copies is only permitted if you obtain an appropriate license agreement for each user and each copy of the Software Product.

Transfer Restrictions

Without first obtaining the express written consent of CNC, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights in the Software Product.

Restrictions on Use

You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you have multiple copies with a valid license, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by the license, or permit use, copying, or installation by more users or on more computers than the number permitted by the license.

You may not decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the Software Product.

Modification Restrictions

You may not modify the Software Product or create any derivative works of the Software Product or its accompanying documentation. Derivative works include, but are not limited to, translations. You may not alter any files or libraries in any part of the Software Product.

Copying Restrictions

You may not copy any part of the Software Product, except to the extent that authorized use inherently requires the creation of a temporary copy stored in computer memory and not permanently affixed to storage media. You can make a copy of a file that needs to be stored on a medium other than a computer’s hard drive.

Limited Software Product Warranty

For a period of 30 days from the date of shipment or from the date you download the Software Product, as applicable, CNC warrants that, when properly installed and used under normal conditions, the Software Product will perform substantially as advertised.

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED IN WRITING BY CNC, CNC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

CNC does not warrant that the Software Product will meet your requirements or that it will operate under your specific conditions of use. CNC does not warrant that the operation of the Software Product will be secure, error-free, or uninterrupted. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND NON-INTERRUPTIBILITY. YOU ARE SOLELY RESPONSIBLE AND FULLY RESPONSIBLE FOR ANY LOSSES INCURRED DUE TO THE SOFTWARE PRODUCT FAILING TO MEET YOUR REQUIREMENTS. CNC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL CNC, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING INCOME OR PROFITS, LOSS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE SUPPLY, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO BREACH OF CONTRACT,  BREACH OF WARRANTY OR NEGLIGENCE OF CNC OR ANY OTHER PARTY, EVEN IF CNC IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT APPLICABLE JURISDICTION LIMITS CNC’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMISSIBLE.

Limitation of Remedies and Damages

Your remedy for breach of this Agreement or any warranty contained in this Agreement is the correction or replacement of the Software Product. The decision to correct or replace shall be at the sole discretion of CNC. CNC reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If CNC is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your only alternative remedy shall be a refund of the purchase price of the Software Product, excluding shipping and handling costs.

All claims must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include failures or malfunctions resulting from misuse, abuse, neglect, alteration, problems with electrical power, natural phenomena, unusual temperatures or humidity, improper installation, or damage that CNC determines was caused by you. All limited warranties for the Software Product are given solely to you and are non-transferable. You agree to indemnify and hold CNC harmless from any and all claims, judgments, liabilities, expenses, or costs arising out of your breach of this Agreement and/or acts or omissions.

Governing Law, Jurisdiction and Costs

This Agreement is governed by the laws of Florida, without regard to Florida’s conflict of law or choice of law provisions.

Divisibility

If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent that applicable laws do not allow express or implied restrictions, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

For more information

Contact Calf Notes Consulting, LLC in writing at 7901 4th St. N., Suite 300, St. Petersburg, FL 33702 or email contact@calfnotes.com.