What's For Dinner format and pricing details
Our software is available as a download for $29.99 or you can get a CD along with your download for $39.99.
System requirements: Windows 2000 or higher.
Terms and Conditions
PASHA ENTERPRISES, L.L.C. SOFTWARE LICENSE AGREEMENT
Pasha Enterprises, L.L.C. and its What’s For Dinner® SOFTWARE LICENSE AGREEMENT (“License”). This Software is licensed not sold. You may use this Software only as described in this License. If you do not agree to the terms of this License, do not install the Software or use the Software or any registration number that was provided with the Software.
IMPORTANT -- READ CAREFULLY BEFORE INSTALLING -- This is a legally binding agreement ("Agreement") between you and Pasha Enterprises, L.L.C. and supersedes any verbal statements or purchase orders made to or placed by you.
Pasha Enterprises, L.L.C., a Texas limited liability company (“Pasha Enterprises”) is the owner of What’s For Dinner® (“What’s For Dinner®”) which is a computer software program written to assist your preparations of menu items for family dining
(“Software” which includes all programs, updates, supplemental codes, manuals, user's manual, any components, any related media and printed materials, and any related "online" or electronic documentation provided to you). For good and valuable consideration subject to the terms hereof Pasha Enterprises grants you a limited personal, nonexclusive, non-transferable, nonsub-licensable, royalty-free, License to use the Software program on your computer on the following terms which you agree to by installing and/or using What’s For Dinner® under Pasha Enterprises’ copyrights, trade secrets and proprietary rights. You shall insure that no release of the Software shall become public to any other person by your actions.
OWNERSHIP: Pasha Enterprises owns the Software and all copyrights, trade secrets, patents and other intellectual property rights therein, which you agree to preserve, not infringe and use solely in accordance with this License.
REGISTRATION NUMBER: When you purchase the Software and this License you will be provided with a registration number. You should enable the registered License for the Software by entering the registration number as prompted by the Software during installation.
RESTRICTIONS: You may use the Software on one computer. A License for the Software may not be shared by alternating use of the Software between different computers. The primary user of a computer for which a License has been purchased may make and use one copy of the Software on his or her computer. You may also make one copy of the Software for back-up or archival purposes. Otherwise, you may not copy the Software in whole or in part. You may permanently transfer all of your rights under this License provided you transfer all copies of the
Software and the recipient agrees to the terms of this License. You may not reduce the Software to human readable form, reverse engineer, de-compile, disassemble or modify the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the Software. You may not use the Software for any illegal purpose.
BY INSTALLING AND USING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL"
BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE. IF THESE
TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS AND BY INSTALLATION OF THE SOFTWARE.
COPYRIGHT: You acknowledge that you have only the limited, non-exclusive right to use and copy the Software as expressly stated in this License and that Pasha Enterprises retains title to the Software and all other rights not expressly granted. You agree not to remove or modify any copyright, trademark or other proprietary notices which appear, on, in or with the Software. The
Software is protected by United States copyright laws and international treaty provisions.
TITLE: You agree in connection with the License that all of the Software was developed, used, copyrighted and provided by Pasha Enterprises and is proprietary to Pasha Enterprises and title thereto shall remain the sole and exclusive property of Pasha Enterprises. Upon termination of this Agreement, the aforesaid License shall terminate. As between the parties, title, ownership rights, and intellectual property rights in and to the Software, and any copies or portions thereof, shall remain in Pasha Enterprises. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to any Software, data, information, text, pictures, images, or other content
("Content") accessed through the Software or otherwise is the property of the applicable owners and may be protected by applicable copyright or other law. This License gives you no rights, title, or interest to Content (including without limitation Content that you create using the Software).
You may copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.
ONLY TERMS: These are the only terms and conditions applicable to Pasha Enterprises' obligations to you and your rights with respect to the Software and associated computer programs and documentation of Pasha Enterprises comprising the Software whether in computer accessible or paper form, found on any website for download, these diskettes or CD-ROM.
Installing the Software indicates your acceptance of this Agreement. If you do not agree to the terms of this Agreement do not install the Software and return it to Pasha Enterprises.
PAYMENT: The initial installation and setup fee is due on download of installation of What’s For Dinner®.
1. Single-user License. This License allows you to install and unlock What’s For Dinner® on one computer under the same location name and address.
TERM OF LICENSE: This License is effective until terminated. Pasha Enterprises will have the right to terminate this License if you fail to comply with any term or condition of the License.
Upon such termination, you agree to cease all use of What’s For Dinner®, delete What’s For
Dinner® from any hard drive and/or network and destroy the original media you received containing What’s For Dinner®.
LIMITED SUPPORT: Use of support services is governed by the user’s manual, online documentation, and other Pasha Enterprises materials, as they may be modified from time to time. Pasha Enterprises may use any information you provide as part of obtaining support services for its business purposes, including product support and development.
TRANSFER OF LICENSE: The License is issued to one person by name and address,
If you die, divorce or cease to exist, you will have to decide who will keep the software License. The License is not transferable without your providing a written agreement to What’s For Dinner®.
TERMINATION: This License terminates if you fail to comply with its terms and conditions.
If your License terminates, you must destroy all copies of the Software. The termination of this
License does not limit Pasha Enterprises’ other rights it may have by law.
RESTRICTIONS: You may not and you may not permit others to (a) disassemble, decompile or otherwise derive source code from the Software, (b) reverse engineer the Software, (c) modify or prepare derivative works of the Software, (d) copy the Software, except as expressly permitted in this Agreement, (e) rent or lease the Software, (f) use the Software in any manner that infringes the intellectual property or other rights of another party, or (g) transfer or assign the Software or any copy thereof to a third party.
LIMITED WARRANTY AND RETURN POLICY: What’s For Dinner® warrants only that the physical media enclosed herein are free of defects in materials and workmanship for a period of ninety (90) days from the date of purchase, and no other warranties apply. To the extent allowable by law, all warranties provided herein shall terminate ninety (90) days from the date of first delivery of What’s For Dinner® to you. If you notify What’s For Dinner® within the warranty period and return the defective originals, and What’s For Dinner® determines that such defects fall within the limited warranty provided by this License, What’s For Dinner®, at its option and sole obligation provided you have given Pasha Enterprises written notice within the limited warranty period, will repair or replace the defective media and/or documentation.
The entire, exclusive and sole remedy and liability for breach of this Limited Warranty shall be limited to replacement of the defective media. Pasha Enterprises DOES NOT WARRANT
THAT What’s For Dinner® WILL MEET YOUR REQUIREMENTS OR THAT What’s For
Dinner® IS ERROR-FREE. The Software is Licensed to you on an "AS IS" basis without any other warranty of any nature.
TO THE EXTENT ALLOWABLE BY LAW, What’s For Dinner® and Pasha Enterprises
SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR
STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY OR NONINFRINGEMENT OR COMPLETENESS OR CORRECTNESS. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME
STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
LIMITATION OF LIABILITY: To the maximum extent allowable by law, Pasha Enterprises as to its software or any software services provided provides same on an “AS IS” basis and Pasha Enterprises makes no warranties, express, implied or statutory, as to operation of the software and/or services to be provided, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, completeness or correctness. In no event shall Pasha Enterprises be liable in any way for any special, incidental, direct, indirect, punitive, consequential or similar damages, including but not limited to damages for loss of profits or confidential or other information, legal malpractice, business interruption, personal injury, loss of privacy, failure to meet any duty including that of good faith or of reasonable care, negligence that is not intentional or reckless in nature, and any other loss, pecuniary or otherwise, that may arise out of use, misuse or the inability to use What’s For Dinner®, even if Pasha Enterprises has been advised of the possibility of such damages in connection with the use of the software or services or the failure to provide the same in a timely manner or other contingencies. What’s For
Dinner's liability shall not extend to any claim for any other damages, including but not limited to, loss of profit, data, or use of What’s For Dinner®, or special, incidental, or consequential damages or other similar claims. You agree to assume full and sole responsibility for the selection of What’s For Dinner® to achieve your intended purposes, for the proper installation, use of What’s For Dinner® and verifying the results and output obtained from the use of
What’s For Dinner® and related documents. In no event shall Pasha Enterprises’ liability to any person for any and all causes exceed any consideration paid for the software and/or services.
EXCLUSIVE REMEDIES: Pasha Enterprises SHALL NOT BE LIABLE FOR ANY DAMAGE
OR LOSS, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL
(INCLUDING LOST PROFITS), ARISING OUT OF OR RESULTING FROM YOUR
POSSESSION OR USE OF THE SOFTWARE (INCLUDING DATA LOSS OR CORRUPTION), REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. IF THE FOREGOING LIMITATION IS HELD TO BE
UNENFORCEABLE, THE MAXIMUM LIABILITY OF PASHA ENTERPRISES TO YOU SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE. THE REMEDIES AVAILABLE TO YOU AGAINST PASHA ENTERPRISES
UNDER THIS AGREEMENT ARE EXCLUSIVE. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. You assume the entire risk as to the quality and performance of the Software. Pasha Enterprises assumes no liability for the cost of any service or repair if the Software is defective
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT,
STRICT LIABILITY, OR OTHERWISE, SHALL PASHA ENTERPRISES BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL PASHA ENTERPRISES BE
LIABLE FOR ANY DAMAGES IN EXCESS OF PASHA ENTERPRISES'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF PASHA ENTERPRISES SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TIME LIMITS TO ASSERT CLAIM: No action arising out of this Agreement may be brought by you more than one (1) year from the date the cause of action arises or the date this Agreement is executed, whichever is earlier.
EXPORT RESTRICTIONS: You may not export or re-export the Software in violation of the export laws of the United States, or the applicable laws of any other jurisdiction. Among other things, U.S. laws provide that the Software may not be exported or re-exported to certain countries which are embargoed or restricted or to certain restricted persons. In addition to other restrictions described in this section, you may not use the Software in connection with the proliferation of nuclear, chemical or biological weapons or missiles or export the Software to any destination where you know or have reason to know that it will be used for these purposes.
NO RELIANCE: You acknowledge that What’s For Dinner® is not engaged in rendering professional advice, you are not relying on the software for advise of any kind, and this program and documentation are not a substitute for the advice of a dietician of medical professional, but you are using the software to prepare your own preferences in dining.
ARBITRATION: The parties to this agreement hereby consent to mandatory binding arbitration to be held before the American Arbitration Association in Dallas, Texas or to exclusive venue and jurisdiction for legal action in the courts of Dallas, Texas, at Pasha Enterprises’s option for the resolution of any dispute arising from or related to this License agreement, warranty, or use of the product. In addition to other remedies allowed, Pasha Enterprises shall be entitled to its reasonable attorney's fees and costs and, where appropriate, to injunctive relief without the necessity of filing a bond.
CONFIDENTIALITY: You acknowledge that What’s For Dinner® constitutes a valuable proprietary product and trade secret of Pasha Enterprises embodying substantial confidential information, ideas and expressions. Except as Pasha Enterprises may permit by giving written permission to you, you agree to observe complete confidentiality as to all aspects of What’s For
Dinner®, including without limitation, agreement not to disclose or otherwise permit any other individual or business not subject to a License with What’s For Dinner® or Pasha Enterprises access to, in any manner, What’s For Dinner® or any part of it in any form whatsoever. You further agree to notify Pasha Enterprises promptly and in writing of any circumstances surrounding use of What’s For Dinner® or any part of it by any individual or business not subject to a License with Pasha Enterprises as to What’s For Dinner®.
UPGRADES: To use an upgraded version of What’s For Dinner®, you must be Licensed to use What’s For Dinner® itself. After upgrading your Licensed What’s For Dinner®, you may not use the original What’s For Dinner® version or otherwise transfer the original What’s For Dinner®.
TRANSMISSION OF DATA AND COLLECTION BY PASHA ENTERPRISES AND ITS
AGENTS: You acknowledge that Pasha Enterprises has the right to collect information based on your use of What’s For Dinner®, including, but not limited to: 1) Your name and the serial number granted to you for use of What’s For Dinner®, 2) the package, version and release number of What’s For Dinner® and 3) the total number of files created by you in using What’s For Dinner®. Pasha Enterprises will not collect any information about any specific menu [ADDITIONS].
INFORMATION COLLECTION: The Software includes a feature which assigns a unique number to your computer based on system information. The Software reports this number to us either when you install the Software or enter your registration number, or both. The Software may also identify and report to us your Windows language identifier setting, IP address, and the date and time of installation and/or registration. We use this information only to count the number of installations, detect piracy, and develop rough statistical data regarding the geographic location of our users. If you register our software, we will tie this information to the personally-identifiable information that we have about you.
GOVERNING LAW: Unless a rule of law or procedure is supplied by federal law the laws of the State of Texas, without giving effect to the conflicts of laws principles thereof, shall govern the construction of this License and Agreement.
WAIVER: The waiver by Pasha Enterprises of a breach by you or any term of this License shall not constitute a waiver of any other breach of the same or any other term thereof.
ENFORCEABILITY: If any term of this License is held to be unenforceable, all other terms shall remain in effect.
NOTICES: If you have any questions regarding this License, you may contact us by writing or calling Pasha Enterprises at the following address:
2306 Golden Willow Lane
Richardson, TX 75082
This address, phone and email are not monitored at all times and your agree Pasha Enterprises may respond when time permits.
MINIMUM REQUIREMENTS: The minimum requirements for you to run this program will be: The minimum requirements for you to run this program will a Windows operating system of Windows 2000, XP or Vista and 32 MEG of ram.
CANCELLATION: You may cancel this Agreement at any time by notice in writing to Pasha
Enterprises upon advance notice of not less than thirty (30) days and deletion of What’s For
Dinner® from your licensed computer after which such software may not be thereafter used.
SUCCESSORS AND ASSIGNS: You shall not be entitled to assign any of your rights, duties or obligations hereunder without the express written consent of Pasha Enterprises. Pasha Enterprises may assign its rights and duties under this License Agreement. Notwithstanding the foregoing, this Agreement shall be binding upon the successors and assigns of the parties hereto.
ENTIRE AGREEMENT: You agree that this License constitutes the entire agreement between you and Pasha Enterprises and supersedes all prior negotiations, understandings and/or agreements, whether written or oral and may only be modified or amended by written agreement signed by the parties. All of the terms and provisions of this Agreement, shall be binding upon, inure to the benefit of, and be enforceable by and against the parties and their respective legal representatives, successors and permitted assigns.
AMENDMENT BY WRITING: Neither this Agreement, nor any term hereof, may be amended, waived, discharged or terminated, except by written instrument signed by the party to be bound.
THIRD PARTY BENEFICIARIES: No provision hereof is intended for the benefit of any third party, and none shall be deemed to convey any right or privilege. Nothing in this Agreement is intended to relieve or discharge the obligations of liability of any third parties to any party to this Agreement, nor shall any provision give any third party any right of subrogation or action over or against any party to this Agreement.
TERMINATION OF LICENSE ON BREACH: This Agreement, and your right to use the Software, will terminate upon your breach of this Agreement. If any provision of this
Agreement is held to be unenforceable, then such unenforceable provision shall be deemed stricken from this Agreement, and the remaining provisions shall be enforced in accordance with their terms.
RELATIONSHIP OF THE PARTIES: It is agreed that the relationship of the parties is that of licensee and licensor. Nothing herein shall be construed as creating a partnership, an employment relationship, or an agency relationship between the parties, or as authorizing either party to act as agent for the other. Each party maintains its separate identity.
ATTORNEY'S FEES: If any action is brought to enforce this Agreement or collect damages for an alleged breach thereof or for a declaratory judgment then Pasha Enterprises shall be entitled to an allowance for reasonable attorney's fees, (whether at the pretrial, trial, mediation, arbitration. bankruptcy, or appellate level), in addition to costs of suit.
SURVIVAL: The terms of this Agreement shall survive the consummation of any of the transactions contemplated hereunder and termination of this Agreement and License.
Dated: Effective April 30, 2009
Pasha Enterprises, L.L.C.
By:/S/Paul R. Newell
Paul R. Newell Sole Manager and
ACCEPTED: AS STATED ABOVE, INSTALLING THE SOFTWARE What’s For Dinner® UPON YOUR COMPUTER AND/OR ITS USE INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT AND LICENSE.
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