Copyright and License

This manual and the software discussed herein is Copyright © 2005 by Man's Best Friend Software All Rights Reserved. No part of this manual or the software it discusses may be duplicated for any reason or by any means, whether or not mechanical, under any circumstance prohibited by law or the herein-captioned license agreement. No employee (other than the Owner) of Man's Best Friend Software is empowered to grant permission to copy contrary to this notice. Unauthorized copying is a violation of Federal Copyright laws and will be prosecuted accordingly.

The Software discussed in this manual is also governed by the terms of a license agreement. No use of the software is permitted without complete agreement to all terms set forth in the License. Opening the envelope containing the program diskettes, or any other use of the software covered in this manual shall be deemed complete acceptance of the license agreement covering the Software. A copy of the License Agreement appears here in this manual, and also in the install program which places The Scoop™ onto your computer, and you must indicate acceptance of the agreement in order to install or use The Scoop™.

License Agreement

In consideration of the license purchase price of The Scoop™ software product (the “Software”), Man's Best Friend Software (the “Company”) grants you a conditional, limited and non-exclusive license to use the Software. IF YOU DO NOT AGREE TO ALL OF THE TERMS LISTED ON THIS LICENSE, DO NOT OPEN THE ENVELOPE CONTAINING THE PROGRAM DISK(S) OR OTHERWISE INSTALL OR USE THE SOFTWARE ON YOUR COMPUTER. OPENING THE ENVELOPE OR INSTALLING ANY COPY OF THE SOFTWARE WILL BE CONSIDERED ABSOLUTE EVIDENCE THAT YOU HAVE ACCEPTED EVERY TERM AND CONDITION OF THIS LICENSE WITHOUT OBJECTION OR RESERVATION.

IF YOU DO NOT ACCEPT EVERY TERM AND CONDITION OF THIS LICENSE AS WRITTEN HEREIN, YOUR LICENSE TO USE THE SOFTWARE IS REVOKED AND YOU MUST RETURN THIS SOFTWARE, WITH THE ENVELOPE UNOPENED, TO THE POINT OF PURCHASE FOR A FULL REFUND, LESS SHIPPPING FEES. THIS LICENSE IS A BINDING AGREEMENT, AND CONTAINS LIMITATIONS OF LIABILITY AND IMPOSES OBLIGATIONS UPON YOU. READ CAREFULLY BEFORE OPENING THE DISK ENVELOPE OR INSTALLING.

License Terms and Conditions

You acknowledge that the Software, manuals, this license, and all other materials are Copyright © 1991-2005 by Man's Best Friend Software. All Rights Reserved. You understand that ownership of the Software itself at all times remains with the Company, and that this license grants you no ownership rights whatsoever to the Software, either now or in the future. You also acknowledge and agree that such copyright allows Company to require you to agree to all of the terms of this agreement, and you voluntarily accept all of these terms. This license governs all aspects of the transaction between you and Company, and not just the terms under which you may use the Software. This license supersedes any license agreement that may bind you with respect to a previous version of the Software, or any other Product we may produce, and the terms herein set forth govern your use of all versions of the software from the time this license becomes effective.

You acknowledge that you have read all of the terms and conditions herein, and by opening the envelope containing the program disk(s), you agree to them all. You agree that any of the following acts: 1) Opening the envelope containing the program disk(s) with the Software; 2) Installing a full or trial copy of the Program on any computer you own or have use of (whether or not that use is authorized); 3) Receiving, either in written form or by electronic means, any codes capable of activating the program; or 4) placing and tendering payment for (whether or not the payment is negotiable for any reason), executes this contract with the same force and effect as your signature witnessed by a Notary Public. In any dispute that may arise, it shall be conclusive proof that you have read and assented to the entirety of this agreement, of your own volition, if any of the acts mentioned in this paragraph have transpired.

You agree that this License is a binding contract, and you also agree to abide by every term and condition herein. You agree that, in the event that you violate any term or condition contained herein, your license will be permanently revoked (without any compensation due or owing to you) and that you will be liable for any and all applicable damages set forth herein, plus any penalties or damages allowed by law.

You agree that this document represents the entire agreement between you and Company. You acknowledge that no employee, agent, assign, dealer or distributor of the Company has the right to change, add or delete any provisions of this license and expressly confess that any and all verbal or written statements not in this license are not binding upon the Company in any way and are invalid and without value. You understand and agree that this contract is the final arbiter of both Company’s and your rights and responsibilities under this contract.

No modification to this contract shall be valid unless signed IN ORIGINAL by both you and the chief executive officer or owner of Company, and witnessed by a Notary Public. Nothing in this clause shall be interpreted to state that Company may not unilaterally alter this license for any future versions of the Software, or that the terms of this agreement shall apply to any other product you buy from Company.

This Software is protected by a registration / activation code. The software will not function until and unless this activation code is properly entered. However, the mere fact that you may have received activation codes pursuant to a purchase and failed to enter them into the Software shall not transform any sale into an evaluation or otherwise make this sale contingent or in any way not final.

This software is made fully active and permanent using registration code(s) provided to you by Company upon payment of the purchase price in effect at the time, and your complete assent to these terms. You agree that these codes are confidential, for your use only, and you shall never make them available to any other party.

Once payment has been tendered to the Company for the Program, all sales are irrevocably final. If registration code(s) have been provided to you, it shall be irrevocably deemed that you have used these codes to activate the Program, and the sale may not be reversed for any reason.

You agree to load and/or use the registered version of Software on only one computer at a time. You are allowed to have backup copies of the Software to protect yourself from data loss. Once purchased, you may install the software and use the registration code(s) to activate it on up to three computers that you own, lease or lawfully may install such software upon, provided that no more than one of these computers shall be running the Software simultaneously.

You agree not to loan the registered Software to any party, nor may you rent, lease or sublease it to anyone. You agree never to copy the registered software for the benefit of any other party for any reason. You agree never to make any copies of the printed Manuals for any reason.

If you sell or give away the registered Software, you must destroy every backup copy of the Software, and you agree to do so. You must notify the Company in writing within three (3) business days of such a sale or transfer, and must provide the name and address of the actual purchaser or receiver of the Software. Once you sell or transfer the Software, you may not buy back or receive back the Software for a period of three (3) years, and you agree to this condition (However, you may of course purchase another copy of the software from Company or any authorized dealer at any time). You may not use somebody else's copy of the Software to access records or files made by your copy.

As soon as you sell the Software, you lose your license rights and all rights to use the Software. However, clauses in the License which restrict you from infringing Company’s rights to its copyright, trade dress or patents (granted or pending) still apply and you agree that these terms will survive your loss of rights under this license, perpetually.

You may not sell give other otherwise transfer or provide the Software to any party which produces a software product that competes with the Software, to any employee, agent, assign, owner, shareholder, affiliate or any party with any kind of a relationship with such a person or company, or to any party which contemplates producing a product that competes with the Software. These same restrictions apply to parties who intend to produce any product or products which rely on the databases produced by the Software for any function whatsoever.

You agree that you will not attempt to reverse-engineer or disassemble the Software or attempt to do so at any time. You agree not to change any portion of the Software, including, but not limited to, icons, dialog windows, error messages, menus, string tables and the serial number(s) as embedded in various portions of the Software. You agree that such a change, in addition to being a material violation of this license agreement, is a violation of Federal Copyright and Trade Secret laws, and constitutes a crime.

You understand that the software employs various devices and algorithms designed to prevent infringements of Company’s copyright by preventing the illegal use or copying of the Software. You agree not to remove, attempt to remove, defeat, attempt to defeat, circumvent, attempt to circumvent or cause any party to attempt to remove or defeat or circumvent these mechanisms for any reason whatsoever. You agree that any act in violation of this clause damages Company in an amount which is impossible to determine, and therefore shall be responsible to pay Company, as liquidated damages, and not as a penalty the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) per offense for any violation of this clause.

You agree that you will not disclose to any party the layout, contents or structure of the database files created or used by the Software. You agree that you will not devise any program or programs, algorithm, script or method that will convert the data in the databases of the Software to any format directly or indirectly acceptable to any product that competes with the Software.

You agree that you will not create or offer for commercial sale any "add-on" product that uses these databases for sale without the express advance written permission of the Company. Such permission may, at Company's sole discretion, be in the form of a Developer's License, which you agree would at the sole discretion of Company require the payment of additional fees.

You agree that Company has no obligation to issue you or any other party a Developer's License, and that no part of this License Agreement shall serve to impose such an obligation upon the Company, or entitle you to damages if Company refuses to grant a developer’s license.

You agree that, since it is impossible to determine the effect of any violation of the above terms, that you will be liable for ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for each individual violation of the copy, lease and loan provisions above, all as liquidated damages and not as a penalty. You agree that, if you violate this license in any way, that Company may at its sole discretion seek additional penalties and damages as permitted by law.

If you are a corporation, you agree that any corporate indemnification, explicit or statutory, against any and all officers, employees or owners of you (the corporation) is waived, and the person(s) opening the envelope and/or using the software jointly and severally agree to be personally bound by this agreement.

You agree that any judgment or arbitration award obtained against you for violating this license is a finding of fraud, confess such fraud, agree that such a judgment is fair, proper and not dischargeable or modifiable in any proceeding under the United States Bankruptcy Code, and agree to waive the right to notice, response or contest of any motion by Company or its attorneys to lift a stay so imposed against it.

You agree that you purchase this software "AS IS". You also agree that the only warranty provided is as follows: for a period of not more than THIRTY (30) DAYS after you purchase the software, the program disk(s) upon which the software is delivered to you will be free from defects in material or workmanship. Your sole remedy in a warranty claim is replacement of the defective disk(s). This warranty is not transferable and does not apply to software which is downloaded from the Internet.

You agree that report or any number produced by the Software is produced as an informational tool only. Company does not represent that the Software is able to accurately predict the outcome of any mating, and you acknowledge and agree that it is impossible to do so.

You agree to hold Company harmless as to the results of any mating in which you consult the Software or reports generated therefrom in determining whether or not to actually effectuate the mating. If you use the Software on the behalf of another party, or permit another party to use the Software while on your computer, you agree to indemnify and hold Company harmless for the results obtained by that party.

NO OTHER WARRANTY IS PROVIDED. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY IS NOT RESPONSIBLE FOR ANY INCIDENTIAL OR CONSEQUENTIAL DAMAGES SUSTAINED BY YOU OR ANY OTHER PARTY AS A RESULT OF USING OR POSSESSING THE SOFTWARE, EVEN OF COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS SOFTWARE IS BUSINESS SOFTWARE, USED IN THE BUSINESS OF MANAGING A KENNEL. YOU AGREE THAT THIS SOFTWARE HAS ABSOLUTELY NO PERSONAL OR HOUSEHOLD USE WHATSOEVER, AND THAT THE CONSUMER PROTECTION LAWS OF THE UNITED STATES, OR OF ANY STATE, ARE INAPPLICABLE TO THIS TRANSACTION.

You waive and abandon any and all warranty rights under the law that may be available to you and exceed the scope of the above warranty.

You agree that, in the event of a warranty claim not herein waived, or held non-waivable by an arbitrator or court of law with proper jurisdiction to enforce this agreement, that Company's complete liability will extend to no more than the actual price paid by you for the Software, EXCLUDING any shipping and handling charge. You agree to hold Company harmless for any claim of any kind with respect to the Software, its manual(s), warrant(ies) or operation.

You understand and agree that the availability and delivery of “support” is not included in the purchase price of the program, and that any support services offered or rendered free of charge may be terminated or made available only for a fee at any time.

“Support” includes, but is not limited to, assistance with installation, operational questions, problems encountered by you in using the software, accuracy of the manual or the Software, or any other thing which may cause you to seek aid from Company in the installation or use of the Software. Company is free to change its policies regarding “support” at will, and you hold Company harmless for the effects of such a policy change.

You agree that, in the event that any part of this license is declared by a court holding proper jurisdiction under this agreement to be illegal or unenforceable, only that very part so declared shall be invalid, and the rest of this license shall continue in full force and effect, as if the illegal or unenforceable clause were never included therein.

You agree that this license and ALL of its terms shall binding upon your employees, successors, assigns, or transferees.

You agree, if purchasing or otherwise receiving the Software from a party other than Company, that you will be bound by all the terms herein. If you DO NOT AGREE, your license is revoked and you must return the Software to the party from whom you purchased it. In that event, you agree to hold Company harmless as to damages or compensation, inasmuch as full agreement to all the terms of this license is a prerequisite condition of your permission to use this software.

You agree that this license shall be interpreted and enforced under the laws of the United States of America and the State of Illinois, as appropriate, and without regard to conflict of law principles.

You agree that any action under this agreement may not be combined with the claims of other persons into any sort of a combined or class action with any other party for any reason or cause whatsoever. This prohibition applies to actions brought in arbitration or before a court of law. In the event that you participate in a combined or class action against Company, you agree that Company is entitled to have such an action dismissed, with prejudice, and shall receive its costs and reasonable attorney fees from all putative class plaintiffs, jointly and severally.

ANY CLAIM OR DISPUTE UNDER THIS AGREEMENT THAT COMPANY MAY HAVE AGAINST YOU, AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST COMPANY OR ANY OF ITS EMPLOYEES, OWNERS, OFFICERS OR SHAREHOLDERS, WHETHER RELATED TO THE TRANSACTIONS THAT THIS LICENSE AGREEMENT GOVERNS, OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the “Code”) in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.

Notwithstanding any choice of law provision included in this User Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Illinois, in the same county where Company’s headquarters is located at the time the action is commenced. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

Notwithstanding any other language in this agreement, any party who receives an award from the arbitrator, may, in order to secure the benefit of such an award, present the award in a court of competent jurisdiction and obtain a judgment codifying its terms, andmay use the persuasive power of the court to execute thereupon.

To the extent that the arbitration clause above does not apply, you agree that the only courts that may hear and adjudicate civil actions under this agreement shall be the United States District Court for the Northern District of Illinois, or the Illinois Circuit Court in the county of Company's principal place of business at the time of the action, as appropriate to the jurisdiction of the question to be decided. You agree that, if you bring an action in any other venue, Company may enter into said court, cause such action to be dismissed, and may recover all of its costs, including reasonable attorney’s fees, from you.

You agree that any action against Company for any thing related to the Software or this license must be brought within ONE (1) year after the date the Software was purchased from Company or such action shall be forever barred, and Company agrees that any breach by you of this license not litigated within one (1) year of its discovery by Company shall be likewise forever barred, with the exception of an infringement of copyright, patent or trade dress, which shall be actionable solely according to the statutes of limitations set by the laws of the United States of America for infringements in force at the time of the infringement.

You agree that Company does not waive any rights it has herein by delaying enforcement of or not strictly enforcing its rights herein against you or any other party.