Immigration Pixie | License Agreement

Pixie Applications LLC
Software License Agreement for Immigration Pixie
Single Use License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE "AGREE/ACCEPT" BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND (IF APPLICABLE) RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND OR, IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE".


1. Description of Service.
Pixie Applications LLC (PA) is a provider of software that prepares legal forms for immigration and other purposes. The Software is the property of PA, a Delaware Limited Liability Company, and is protected by U.S. and international intellectual property laws, including but not limited to copyright law, trademark law and/or other proprietary and contract laws. PA hereby grants to you and you accept a nonexclusive license to use this product to organize and assist you in preparing your legal immigration forms. PA IS NOT ENGAGED IN RENDERING LEGAL OR OTHER PROFESSIONAL SERVICES. IF LEGAL OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL PERSON SHOULD BE SOUGHT AS USING THE PA SOFTWARE IS NOT A SUBSTITUTE FOR A LAWYER. PA is not a Government Agency or a law firm and its employees do not provide legal services or legal advice. No representations or warranties, express or implied, are given regarding the legal or other consequences resulting from your use of this Software. This software is not intended to create any attorney-client relationship, and by using this software no attorney-client relationship is created. Instead, you are representing yourself in any legal matter you undertake through the software's Services. If you have specific or unique problems which are complex or require legal advice, please consult a licensed attorney. It is your responsibility to complete the information asked fully and accurately. You acknowledge that PA is not responsible for any rejection of your immigration application due to your failure to timely or properly file your application. Further, you acknowledge that the government publishes updated forms or changes filing fees from time to time. If you expect to delay submitting your application to the government, be sure to confirm that the form you have printed is still being accepted by the government prior to filing and that the amount of the filing fee is still correct. The applications you prepare and file with this product are subject to evaluation by the relevant government authorities, and applying for any immigration benefit may in some circumstances result to deportation from the United States or to criminal prosecution according to the Immigration and Nationality Act and other US laws. You agree to review your immigration forms for indications of obvious errors before you submit them to the relevant authorities.

2. General.
By using this software you acknowledge that you are at least 18 years old and have the capacity to enter into legally binding contracts. The software and documentation are licensed, to you by PA for use only under the terms of this License, and PA reserves all rights not expressly granted to you. The rights granted herein are limited to PA's and its licensors intellectual property rights in the Software and do not include any other patents or intellectual property rights. The terms of this License will govern any software upgrades provided by PA that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. PA reserves the right to change the terms of this License at any time.

3. Permitted License Uses and Restrictions.
This License allows you to use your Registration Code on a single computer at a time. This License does not allow you to use a Registration Code not issued to you, to share your registration code with any other person or your Registration Code to exist on more than one computer at a time. Each Registration Code is scheduled to expire after a certain date. You have the right to access and download from PA's website any updates to the software released by PA prior to the expiration date. However, after your license expires, you may no longer use this software anymore. If you do not have a Registration Code issued to you, then you may use this software in demo mode for a period of seven days (7), at the end of which you should purchase a Registration Code or remove all copies of the PA software from your computer. Users with a valid registration code may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sub-license, distribute or create derivative works based upon the Software in whole or part or transmit the Software over a network or from one computer to another. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS, OR AIR TRAFFIC CONTROL MACHINES IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Your rights under this License will terminate automatically without notice from PA if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the PA Software.

4. Limited Warranty on Media.
If you purchased the PA software on a CD or DVD, then PA warrants the media on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at PA option, a refund of the purchase price of the product containing the Software or replacement of the Software which is returned to PA. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION, PACKAGING OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

5. Disclaimer of Warranties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PA AND PA'S LICENSORS (COLLECTIVELY REFERRED TO AS "PA" FOR THE PURPOSES OF SECTIONS 5 AND 6) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PA SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PA SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE PA SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PA SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PA SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PA OR A PA REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PA SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PA SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall PA’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. THIS SOFTWARE IS PROVIDED IN DEMO FORM IN ORDER TO ENSURE THAT IT IS SUITABLE FOR YOUR INDIVIDUAL CIRCUMSTANCES. PLEASE ENSURE THIS SOFTWARE IS SUITABLE FOR YOU BEFORE PURCHASING AS ALL SALES ARE FINAL.

7. Export Law Assurances.
You may not use or otherwise export or reexport the PA Software except as authorized by United States law and the laws of the jurisdiction in which the PA Software was obtained. In particular, but without limitation, the PA Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the PA Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

8. Controlling Law and Severability.
This License will be governed by and construed in accordance with the laws of the State of Delaware, as applied to agreements entered into and to be performed entirely within Delaware between Delaware residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. Failure of either party to enforce any provision of this Agreement shall not constitute nor be construed as a waiver of such provision or of the right to enforce such provision.

9. Complete Agreement; Governing Language.
This License constitutes the entire agreement between the parties with respect to the use of the PA Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.

10. Privacy Policy.
The PA software may periodically connect with PA’s servers to check for updates and new software releases. No personally identifiable information is disclosed as a result of periodical update checking - but PA may record the version of the software being used and the operating system on which it is run. This feature can be deactivated using the Preferences menu. Use of our website is subject to a separate privacy policy available at http://www.immigrationpixie.com/privacy.php