Terms of use

1. The copyrights to the Thrive® Income Distribution System and associated software belong to Thrive Income Distribution System LLC (“Thrive®”). The copyrights and tools used to illustrate retirement risks and the copyrights and tools contained in the Power Producer Sales Kit belong to The Retirement Income Solutions Enterprise® (RISE®). Thrive® and RISE® reserve all rights and license the distribution and installation of this software only in accordance with these terms.

2. By using this software you, on your own behalf or on behalf of your employer or principal, agree to be bound by these terms. If you do not agree to any of these terms, you may not use, copy, transmit, or distribute this software.

3. This software is provided “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall Thrive®, RISE®, or their agents be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.

4. Neither Thrive®, RISE®, nor their agents will be liable for any loss arising out of the use of this software including, but not limited to, any special, incidental or consequential loss.

5. You have agreed that you are purchasing a single user license for your business or personal use. As such these are for your exclusive use and not for use by any other person or persons, entities or institutions. You may use this software in its complete unaltered form, but you may not, under any circumstances, distribute this software or any of our programs without written permission from Thrive®. In the event that you do distribute, you will be liable to pay the full purchase price for each location and for the number of users where such unauthorized use occurs.

6. You may not distribute, post or make available this software on any internet or intranet site. This particular need can be accommodated, but you will be required to purchase a separate license and agree to all of its terms and conditions. Please contact Thrive® for further information at inquiries@thriveincome.com.

7. This software is licensed on an annually renewable basis via the payment in full of an annual single-user license fee. The annual single-user license fee may be discounted at various rates for each year in which the license is made available. The discount rate, if any, for each year the license is offered, is determined at the sole discretion of Thrive® and RISE®. Neither Thrive®, nor RISE®, nor their agents provide any guarantee that this software will be made available after any year for which the license has been paid.

8. You agree and acknowledge that Thrive® has no obligation to retain your client data, and may delete such client data more than 30 days after termination, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach. In the event this Agreement is terminated for cause, Thrive® will make available to you a file of your client data within 30 days of termination if you so request at the time of termination.

9. The contract arising out of this agreement is governed by the laws and courts of the United States of America.

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