Grant of License
Subject to, and conditioned on your continued compliance with, the terms of this Agreement and receipt of payment of the fee for the Program, Nolo, as licensor, grants to you a non-transferable, non-sublicenseable, non-assignable, revocable, personal, and limited right to use the Program to produce documents for yourself and your immediate family, in accordance with the terms of this Agreement. Any use of the Program for any purpose other than as specifically permitted in this Agreement or without Nolo's prior written consent, is expressly prohibited.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Program. All rights not expressly granted to you hereunder are reserved by Nolo. Nolo reserves the right to modify, replace, refuse access to, suspend or discontinue the Program, partially or entirely, for you or for all users at any time and in Nolo's sole discretion. Any such modification will be effective upon notification to you by any means reasonable to give you actual or constructive notice, including by posting in the Program itself, and your continued use of the Program will indicate your agreement to any such modification.
Copy, Use, and Transfer Restrictions
Nolo and/or its licensors shall own all right, title, and interest, including all related intellectual property rights, in and to the Program, including any revisions, corrections, modifications, enhancements, updates, and/or upgrades thereto, help file, legal manual, and any accompanying documentation. You may not, and may not permit any third party to (i) remove, alter, or obscure any copyright or other propriety notices in the Program or any documents prepared or provided to you by the Program; (ii) give, sell, rent, lease, exploit, or otherwise transfer or distribute copies of the Program or its content to third parties, except as expressly permitted under the U.S. Copyright Act; (iii) disassemble, decompile, reverse engineer or otherwise attempt to discover any source code or underlying structures, ideas or algorithms of the Program; (iv) copy, adapt, create derivative works of, translate, or otherwise modify the Program in whole or in part, unless expressly permitted by this Agreement; (v) use the Program or allow the transfer, transmission, export, or re-export of the Program, in whole or in part, in violation of any export control laws or regulations of the United States or any other relevant jurisdiction; (vi) use the Program to prepare documents for commercial or nonprofit purposes, nor use the Program to prepare documents for people outside your immediate family; (vii) use the Program in any way that violates any applicable laws, rules, or regulations; or (viii) use this Program to prepare wills or other estate planning documents for residents of Louisiana or the United States Territories.
Except for the limited license expressly granted to you under this Agreement, no other license or ownership right is granted to you in or to the Program, help file, legal manual, and any accompanying documentation, or any other intellectual property rights of Nolo. Nolo and/or its licensors, as applicable, retain all right, title and interest (and all intellectual property rights embodied therein) in and to the Program help file, legal manual, and any accompanying documentation.
Disclaimer of Warranty and Limited Warranty
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE PROGRAM, HELP FILE, LEGAL MANUAL, ANY ACCOMPANYING DOCUMENTATION AND ANY DOCUMENTS PREPARED OR PROVIDED BY THE PROGRAM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY IMPLIED OR EXPRESS WARRANTY AS TO THEIR PERFORMANCE, ACCURACY, OR COMPLETENESS. NOLO DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED BY USING THE PROGRAM, THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS, OR THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, NOLO AND ITS LICENSORS HEREBY DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, REGARDING THE PROGRAM AND ANY DOCUMENTS PREPARED OR PROVIDED BY THE PROGRAM, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE PROGRAM TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE PROGRAM.
AS TO THE ORIGINAL PURCHASER ONLY, NOLO WARRANTS THAT THE DOWNLOAD FILE OR THE MEDIA ON WHICH THE PROGRAM IS RECORDED SHALL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP IN NORMAL USE AND SERVICE. IF A DEFECT IN THE DOWNLOAD FILE OR MEDIA OCCURS, YOU MAY CONTACT NOLO FOR REPLACEMENT INFORMATION. IN THE EVENT OF A DEFECT, YOUR EXCLUSIVE REMEDY IS EXPRESSLY LIMITED TO REPLACEMENT OF THE DOWNLOAD FILE OR MEDIA.
Third Party Services
Your Responsibility When Using Nolo's Living Trust
This Program is not a substitute for legal advice from an attorney. This Program may help you create useful legal documents. However, general information is never a substitute for personalized advice from a knowledgeable lawyer. If you want help understanding how the law applies to your particular circumstances or deciding which estate planning documents are best for you and your family, consult an attorney licensed to practice in your state. Any documents you make using the Program are yours, and it is your responsibility to be sure they reflect your intentions and are binding under law. You acknowledge and agree that Nolo is not acting as your attorney, agent, or fiduciary and no confidential or privileged relationship is formed through the use of the Program.
Any information you enter into the Program will appear exactly as entered by you in any documents prepared through the Program. You are solely responsible for providing current, accurate, complete, and adequate information and verifying the currency, accuracy, completeness, and adequacy of any information provided through the Program. Nolo does not and will not verify or correct any information provided by you through the Program.
The Program may require you to enter personal, confidential, or proprietary information of a third party. You represent and warrant that (i) you have obtained all rights, licenses, consents, or other permissions from any third party necessary to use the Program and to grant the rights to Nolo to use such information in the Program; and (ii) your use of any third-party personal, confidential, or proprietary information does not and will not violate any privacy, intellectual property, or any other rights of any third party.
Limitation of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOLO AND ITS PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, PARTNERS, AFFILIATES, AND REPRESENTATIVES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF NOLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF NOLO AND ITS PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, PARTNERS, AFFILIATES, AND REPRESENTATIVES' TO YOU FOR ACTUAL DAMAGES, HOWEVER CAUSED, WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PROGRAM. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Nolo and its parent, subsidiaries, affiliates and their respective shareholders, officers, directors, employees, and agents from and against any and all claims, losses, liabilities, damages, judgments, costs, and expenses (including reasonable attorney's fees) arising out of or related to (i) your use or misuse of the Program, and (ii) a breach of your representations, warranties, or obligations hereunder.
Term and Termination; Changes
This Agreement is in effect until terminated. You may terminate this Agreement at any time by ceasing use of the Program and deleting the Program, together with all copies and modifications in any form, and destroying the media or deleting the download file. Nolo shall have the right to change or add to the terms of this Agreement at any time, and to change, discontinue, or impose conditions on any aspect or feature of the Program. Any such change will be effective upon notification to you by any means reasonable to give you actual or constructive notice, including by posting such terms in the Program itself, and your continued use of the Program will indicate your agreement to any such change. This Agreement will immediately terminate upon your breach of this Agreement without any further action required by Nolo and you must cease all use of, and delete from your computer, the Program, help file, legal manual, and any accompanying documentation immediately upon termination of this Agreement.
If you provide any ideas, feedback, suggestions, materials, information, opinions, or other input to Nolo regarding the Program or otherwise ("Feedback"), Nolo has no obligation to review, consider, or implement your Feedback, and all Feedback is made on a non-confidential basis. You hereby grant to Nolo and its successors and assigns a worldwide, unconditional, unlimited, perpetual right and license to use, reproduce, modify, exploit, publish, display, distribute, and disclose such Feedback by any means or in any manner, without any compensation or attribution to you, and you hereby waive and agree not to assert any "moral rights" or any other intellectual property rights you may have in the Feedback.
All notices are required or permitted hereunder must be in English and in writing and will be deemed to have been given: (a) one (1) business day after mailing if sent by a nationally recognized overnight courier, receipt requested; (b) on the date sent by e-mail, with confirmation of transmission, if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (c) three (3) business days after mailing by certified or registered mail, return receipt requested, postage prepaid. You must send a copy of all legal notices to Nolo's Legal Department at [email protected] Nolo will send notices to the address you provided when ordering the Program.
By using the program, you agree that this Agreement is the complete and exclusive statement of the agreement between you and Nolo regarding the Program. However, this agreement does not limit any rights that Nolo may have under trade secret, copyright, patent, trademark, or other intellectual property laws. If any provision of this agreement is found to be invalid or unenforceable under applicable law, then such provision shall first be revised, limited, or amended, consistent with the general intent of the provision, such that it is valid and enforceable, and any remaining provisions will continue in full force and effect. No delay or failure on the part of Nolo to exercise any of its rights under the agreement, or under law, shall be construed as a waiver of those rights. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All rights and remedies provided in this Agreement are cumulative and not exclusive of any other rights or remedies that may be available to the parties, whether provided under this Agreement or which may now or subsequently exist in law, in equity, by statute, or otherwise. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to the principles of conflict of laws. Each of the parties irrevocably consents to the exclusive jurisdiction and venue in the federal and state courts located in the County of Los Angeles, State of California for any action arising under this Agreement. The aforementioned choice of venue is intended by the parties to be mandatory, and not permissive, in nature. The rights and obligations under this Agreement are personal to you and may not be assigned or otherwise transferred, in whole or in part, without Nolo's prior written consent. Any attempt to do so will be void and of no effect. The provisions of this Agreement that by their context are intended to survive the expiration or termination of this Agreement will survive the expiration or termination of this Agreement, including, without limitation, the Ownership, Copy, Use and Transfer Restrictions, Indemnification, Limitation of Liability and Damages, Disclaimer of Warranty and Limited Warranty, Third Party Services, Feedback, Notices, and Miscellaneous provisions.