SOFTWARE LICENSE AGREEMENT

This software agreement applies to free applications provided by Pinnacle Innovation Inc (“Pinnacle Innovation) which is labeled as “Free software” or “Free Application”. All software Provided by Pinnacle Innovation are copyright protected. Pinnacle Innovation retains title and ownership of the software applications provided. All Pinnacle Innovation software is not provided as public domain software and may not be shared or distributed by any company or organization without written approval from Pinnacle Innovation. 

WHEREAS: “Customer” defined as person, business, corporation, non-profit, government agency, sole proprietorship to license software, or have Pinnacle Innovation perform services; 

Pinnacle Innovation grants and customer accepts a non-transferable license to install, store, and use the software and documentation, including the interfacing the software with other applications, subject to all terms and conditions of this Software License Agreement. The software is licensed for the use soley for the customer’s business purposes, including the provision of data processing and any other services on any customer owned or customer controlled systems, or used by the customer personnel. No rights to sublicense, market, relabel, or resale is granted under this agreement. All rights not specifically granted to the customer are not granted. 

Title to and ownership of the software and documentation, and all applicable proprietary rights, including but not limited to, rights in patents, copyrights, author’s rights, trademarks, trade names, graphic design, and design elements, algorithms, provided source code, provided executable application files, provided application libraries,  provided scripts, shall remain at all times with Pinnacle Innovation, and subject to the license granted to the customer pursuant to this agreement. Except as set forth herein, as permitted by applicable copyright law, or as may be permitted in writing by Pinnacle Innovation. No other rights or license with respect to any proprietary rights is granted under this agreement.

The customer shall own and shall have all proprietary rights to any information including input material, output material, reports, paper, analyses, drawings, data, supplied by the customer under this agreement. Changes to the software, documentation, or any files and material provided by Pinnacle Innovation is not granted under this agreement.

Customer acknowledges that any obligation of Pinnacle Innovation for the provided software, documentation & other provided material, under this agreement, are subject in all respects to all United States laws and regulation governing the removal, use, transmission, and export. Customer agrees to remain in full compliance with all governing laws & regulations applicable for use, export, transmission, and removal for any software, documentation & provided materials.

If the customer does not agree to any of the terms provided in the agreement, the customer must not use, download, or access any software, documentation, or other provided materials. If the software is found on customer owner or controlled systems and does not agree to this agreement, the customer must immediately remove the software, documentation, or other provided material from the customer systems.

WARRANTY
The software, documentation, and any provided material is provided “as is” without warranties of any kind. Either expressed, implied, including, but not limited to, the functionally, use, data loss, data corruption, errors, inoperability, data breach, malware. The customer agrees that Pinnacle Innovation is not liable for any losses or damages that occurred provided by any software, documentation, and any material provided by Pinnacle Innovation. The customer agrees to accept all risks and liabilities including but not limited to transfer, use, security, data, errors, undesirable, or unexpected results. The customer agrees that Pinnacle innovation is never liable for any damages caused by the software, documentation and any materials provided. The customer agrees to accept all risks and liabilities for the use of this software, documentation, and other provided materials if used to provide services or data to any third parties.