Terms and Conditions of using StrateCision Software

A number of terms and conditions apply to the licensing of StrateCision Software. These are set forth on this page, and may be modified by StrateCision Inc. from time to time.

StrateCision Shrink-wrap License Agreement

IMPORTANT--READ CAREFULLY BEFORE OPENING SOFTWARE PACKET(S). By opening the sealed packet containing the software, you indicate your acceptance of the following StrateCision License Agreement.

This is a legal agreement between you (either an individual or an entity) and StrateCision, Inc. By opening the sealed software packet, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the unopened software packet and the accompanying items (including the manual and all other materials) to StrateCision for a full refund.

STRATECISION SOFTWARE LICENSE

1. GRANT OF LICENSE. This License Agreement permits you to use one copy of the enclosed StrateCision software program (the "SOFTWARE") on a single computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed. This license and your right to use the SOFTWARE terminate automatically if you violate any part of this agreement. In the event of termination, you must destroy or return the SOFTWARE and all accompanying materials to StrateCision. Such termination shall be in addition to and not in lieu of any criminal, civil, or other remedies available to StrateCision.

2. COPYRIGHT. The SOFTWARE is owned by StrateCision or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE. You may not remove the copyright notice from the SOFTWARE or any printed reports produced by it.

3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the SOFTWARE. If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all prior versions.

4. RESTRICTIONS ON PUBLICATION. Neither the SOFTWARE nor any reports or output thereof may be published in any form, whether printed, on the World Wide Web or other parts of the Internet or any publicly accessible computer network, or in any other format, without the written consent of StrateCision, Inc.

5. RESTRICTIONS ON COMMERCIAL USE. Reports, printouts, or other output of the SOFTWARE may not be sold without prior approval by StrateCision.

CLICKWARE LICENSE

Users of StrateCision Software must assent to the following conditions each time they use the Software

The information in this Software was obtained by StrateCision, Inc. from the issuers of the insurance policies included or from public filings. The information is checked with the issuers, and StrateCision believes it to be accurate, but makes no warranties as to the completeness or accuracy of the information provided by this Software.

To the maximum extent permitted by applicable law, in no event shall StrateCision, Inc. be liable for any damages whatsoever arising out of the use of or inability to use this product, even if it has been advised of the possibility of such damages. Users of this Software expressly accept this disclaimer, and assume all risks associated with using the Software.

Users further agree that illustrations produced by this Software should not be used as part of an application for insurance, and that it is their responsibility to determine whether such illustrations can be shown to clients residing in any given state.

Users are responsible for updating this Software on a timely basis by download from the site www.LTCA.com. Users agree they have read the full StrateCision License Agreement and will abide by its provisions, including all restrictions on the number of installations allowed by their License.

LIMITED WARRANTY

LIMITED WARRANTY. StrateCision warrants that (a) the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

CUSTOMER REMEDIES. StrateCision's and its suppliers' entire liability and your exclusive remedy shall be, at StrateCision's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet StrateCision's Limited Warranty and which is returned to StrateCision with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. THESE REMEDIES ARE NOT AVAILABLE OUTSIDE OF THE UNITED STATES OF AMERICA.

NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, StrateCision and its suppliers disclaim all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE and the accompanying written materials. StrateCision makes no warranties as to the completeness or accuracy of any information contained in the product. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall StrateCision or its suppliers be liable for any damages whatsoever (including without limitation, damages for the loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this StrateCision product, even if StrateCision has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

U.S. GOVERNMENT RESTRICTED RIGHTS

The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is StrateCision, Inc.35 Highland Circle/Needham, MA 02494.

This Agreement is governed by the laws of the Commonwealth of Massachusetts.

Should you have any questions concerning this Agreement, please contact us by: phone at 781-453-1938; fax 781-453-1939; electronic mail at info@ltca.com; or mail at StrateCision, Inc., 35 Highland Circle, Needham, MA. 02494.

VERSIONS AND OPTIONS

StrateCision Software typically is available with or without different features or options. These include State Supplements, an MGA feature, and a Group Proposal feature. These options are described elsewhere on this website, and each of them is available at an additional cost. Although Free Trial versions of StrateCision Software may contain these optional features, the features will not be available in a Licensed Version unless they are also licensed and additional charges are paid.

RETURN AND TRANSFER POLICY

StrateCision Software that You install on a computer may be returned within 30 days for a refund, net of shipping charges and a Service Fee of $25. For products shipped on CD-ROM, the disks must be returned to StrateCision to receive a refund.

For products downloaded from StrateCision's website, the 30 day return period begins on the date that the download link is sent to You, and includes any Free Trial Period offered with the Software.

Renewal subscriptions of licensed software cannot be returned

You may transfer Your License to another Licensee, provided that you remove the software from Your computer and notify StrateCision of the name, address, phone number and email address of the new Licensee, who will then acquire the remainder of Your subscription to the Software.

INSTALLATION RULES

A licensee of StrateCision Software with a current subscription is in general allowed to install the Software on two computers owned by the licensee, typically an office desktop and a portable laptop computer. This allowance does not apply to network versions of the Software, for which only one install is permitted.

Each installation of StrateCision's LTC Quote Plus or LTC Advisor Plus Software is identified by a 10-digit ID Key that is created by the Software when it is first run. This key must be reported to StrateCision in order to register the installation and allow updates to be downloaded from StrateCision's website. A licensee installing on 2 computers will have separate ID keys for each computer, and both keys must be registered with the same user name.

A licensee that has installed the Software on two computers may install on a third computer by first uninstalling from one of the original computers. The licensee must then report to StrateCision the ID Key that has been uninstalled and the Key of the new installation, whereupon StrateCision will replace the old Key with the new one, allowing the new install to register and download updates. This transfer of ID Keys may also be necessary if a licensee's hard drive is reformatted or replaced.

Because of the possibility of abuse of the ID Key transfer option and because of the processing cost to StrateCision, a licensee is limited to three such transfers during a one-year subscription period. Any additional transfers requested by a licensee will be subject to a $40 Registration Transfer Fee for each Key that is replaced. Once a Key has been changed by StrateCision the change cannot be canceled or reversed, except by paying an additional Transfer Fee. The Fee may be increased by StrateCision at any time without prior notice.

REFUSAL TO PROVIDE SOFTWARE OR SERVICES

StrateCision reserves the right to refuse to license its software or services to any person or organization, based on its sole discretion. In the event that licensing is denied. StrateCision is under no obligation to explain or justify its decisions to not license its software or services.