End User License Agreement

Use of the Financial Foundations software constitutes acceptance of the terms of the license agreement stipulated below. Please read carefully.

License

Under this End User License Agreement (the "Agreement"), Expert Software Solutions, LLC (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable license (the "License") to use Financial Foundations (the "Software"). "Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software.

This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.

This Agreement grants a site license to the Licensee.

The rights and obligations of this Agreement are personal rights granted to the Licensee and the Licensee’s staff only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.

The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.

Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.

Limitation of Liability

The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.

The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

Warrants and Representations

The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright, or applicable statute.

Acceptance

All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on registration of the Software with the Vendor.

User Support

The Licensee will be entitled to support for the software, through the determined support channels, at no additional cost. The Licensee will be entitled to maintenance upgrades and bug fixes, at no additional cost, perpetually from the date of acceptance.

Term

The term of this Agreement will begin on acceptance and is perpetual.

Termination

This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will bared from using the software. Their stored information, so long as it is legally theirs, will be returned to them, and their user profile deleted.

Force Majeure

The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.

Governing Law

The Parties to this Agreement submit to the jurisdiction of the courts of the State of Utah for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Utah.

Miscellaneous

This Agreement can only be modified in writing signed by both the Vendor and the Licensee. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.

Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.

Words in the singular mean and include the plural and vice versa.

If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.

This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.

Sales

All sales after the 30-day trial period are final.

Notices

All notices to the Vendor under this Agreement are to be provided at the following address:

Expert Software Solutions, LLC:
1034 W. RSI DR. Suite 100
Logan, UT 84321.

Expert Software Solutions, LLC, its associates, affiliates, and/or any insurance or financial company represented by the independent user of Financial Foundations software, presentations, suggested/recommended articles or any product produced by said company, cannot and does not guarantee that the results illustrated will happen as illustrated. Furthermore, every independent user of the Financial Foundations system and software holds Financial Foundations exempt from any liability resulting from the use of its system and illustrations. The software and all presentations, documents, articles, and systems of Financial Foundations are for illustrative and educational purposes only and do not provide any guarantee or warrantee.

THIS SOFTWARE, AND ALL REPORTS, PRESENTATIONS, AND ACCOMPANYING DOCUMENTS, ARE PROVIDED FOR ILLUSTRATION PURPOSES ONLY AND DO NOT REPRESENT ANY GUARANTEE OR WARRANTEE AS TO THE PERFORMANCE OF ANY PROJECTION, SYSTEM, OR SUGGESTION ASSOCIATED WITH IT. PRESENTATIONS, CALCULATIONS, DOCUMENTS, ARTICLES, AND SUMMARIES ARE PROVIDED “AS IS” WITH ANY FAULTS THAT MAY BE PRESENT AND WITHOUT ANY GUARANTEE OR WARRANTEE OF ANY KIND. FURTHERMORE, Expert Software Solutions, LLC DOES NOT IN ANY WAY PROVIDE PROFESSIONAL LEGAL OR TAX ADVICE. IF SUCH IS NEEDED BY ANY CLIENT, IT SHOULD BE SOUGHT THROUGH A PROFESSIONAL ATTORNEY OR ACCOUNTANT. NO ILLUSTRATIONS, ARTICLES, PRESENTATIONS, OR CALCULATIONS SHOULD BE CONSTRUED AS SUCH.

FURTHERMORE, WHERE THIS SOFTWARE IS USED TO PROJECT POSSIBLE OUTCOMES BASED ON ASSUMPTIONS MADE IN REGARD TO RATES OF RETURN, SOCIAL SECURITY, PENSION AMOUNTS, FUTURE AVAILABLE SAVINGS, AND ANY AND ALL OTHER INPUTS RENDERED BY THE AGENT OR CLIENT, IT IS UNDERSTOOD THAT NONE OF THESE PROJECTIONS OR ESTIMATION ARE ASSUMED AS GUARANTEES OR WARRANTEES OF ANY KIND. ADDITIONALLY, ANY SOCIAL SECURITY BENEFIT REFERENCED OR USED IN ANY ILLUSTRATION OR PRESENTATION IS AN ESTIMATION RENDERED BY THE AGENT AND IS IN NO WAY A GUARANTEE FROM THE SOCIAL SECURITY ADMINISTRATION AND IS SOLELY FOR ILLUSTRATIVE PURPOSES. FOR EXACT PROJECTIONS OF FUTURE SOCIAL SECURITY BENEFITS CLIENTS MUST CONTACT THE SOCIAL SECURITY ADMINISTRATION.

LET IT BE UNDERSTOOD THAT NO PROJECTION OF ANY INVESTMENT, INVESTMENT DESIGNATION, OR COMBINATION OF DESIGNATIONS REFERENCING TITLES SUCH AS 401(K), IRA, ESOP, OR ANY OTHER NAME, TITLE, OR ACRONYM CAN OR SHOULD NOT BE CONSTRUED AS INVESTMENT ADVISE AND IS IN NO WAY TO BE MISCONSTRUED AS ADVISE ON ANY PARTICULAR INVESTMENT. ALL ESTIMATIONS AND PROJECTIONS OF FUTURE INCOME AND FUTURE INCOME POTENTIAL ARE FOR ILLUSTRATIVE PURPOSES ONLY AND ARE IN NO WAY GUARANTEEING OR WARRANTING ANY CERTAIN OUTCOME. WHAT’S MORE, EACH REPORT IS COMPLETE AND CONCLUSIVE ONLY WHEN ACCOMPANIED BY THE REFERENCED LIFE INSURANCE ILLUSTRATION, ANNUITY ILLUSTRATION, UMBRELLA PROPOSAL, AUTO PROPOSAL, HOME PROPOSAL, OR OTHER PROPOSAL PRODUCED AND FURNISHED BY A LICENSED INSURANCE AGENT.