Bdgt-Soft

e-z Calendar Budget™ Standard US edition

for Excel for Microsoft 365

Terms & Conditions

Updated April 3, 2023

Thank you for choosing e-z Calendar Budget™! Please read these terms and conditions carefully before using this product. These terms and conditions (“Terms”) are a contract between you (“User”) and Bdgt-Soft LLC (“Bdgt-Soft”, “We” or “Us”) which applies to your use of this spreadsheet file (“e-z Calendar Budget™ Standard US edition for Excel for Microsoft 365” or “This File”). By using This File to access, create, use or acquire any content, data, materials, information, products or services, you agree to be bound by these Terms. If you do not accept all of these Terms, you may not use This File. For any questions about these Terms, you may email Bdgt-Soft at contact@bdgt-soft.com or visit us at https://bdgt-soft.com/contact-us/.

You may print these pages for your reference.

  1. Definitions & References
    (a) Definitions. The following applies to these Terms:
    • “Start Date” means current date set by User.
    • “Start Balance” means daily initial balance.
    • “Income” means daily income.
    • “Expense” means expense.
    • “Balance B” means Start Balance plus Income.
    • “Balance” means Budget B minus daily Expenses.
    • “Running Balance” means Start Balance generated from previous Balance.
    • “Cell” means location on the spreadsheet page.
    • “Input Field” means a Cell designated for User-generated content.
    • “Heading” means Input Field label.
    • “Default” means pre-generated.
    • “First Day” means first day shown on calendar.

(b) Section References. A “Section” refers to a numbered section of this agreement.

  1. Introduction
    Bdgt-Soft, through This File, provides an English language, Excel for Microsoft 365 spreadsheet template for creating and managing a personal daily budget in 52-week calendar, US dollar accounting format, featuring 18 daily Expenses, with Running Balance beginning on the Start Date and a Start Balance set by User (the “Product”). The Product provides Default Headings for Start Balance, Income and Expenses which User may re-name with First Day Input Fields. User may also re-name individual Expense Headings within each calendar day. User is responsible for entering or updating all content for any Input Field, including, but not limited to, recurring or non-recurring Income and Expenses, Expense Headings, and Start Balance, and the accuracy thereof. User acknowledges the Product does not constitute financial advice, nor a control or replacement for any of User’s actual personal, household or organizational finances, or those of any person, group or entity, and should not be relied upon as such.

  2. Copyright Ownership
    This File contains copyrighted material, trademarks and other proprietary information (the “Material”), including, without limitation, text, images, software and graphics, and the entire contents of This File are copyrighted as a collective work under the United States copyright laws. Bdgt-Soft LLC owns copyright in the selection, coordination, arrangement and enhancement of the Material, as well as in the content original to it. You will not copy or transmit any of the Material, except for your personal, non-commercial use on your computer. All copyright, trademark and other proprietary rights notices displayed in This File must appear on all copies you print. You may not modify, publish, participate in the transfer of sale, create derivative works, or in any way exploit any of This File, in whole or in part.
    Except as otherwise expressly permitted under copyright law, no redistribution, retransmission, publication or commercial exploitation of any contents of This File will be permitted without the express permission of Bdgt-Soft and the copyright owner. In the event of any permitted redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Bdgt-Soft, the Bdgt-Soft logo and e-z Calendar Budget™ are trademarks of Bdgt-Soft LLC. Other product, service, or company designations in This File may be mentioned in This File for identification purposes only. Your use of and access to This File do not grant you any license, right to use or ownership of any of the marks included in This File.

  3. Product Use
    You agree that your use of This File is for your personal, non-commercial use. You may only use This File if you can form legally binding contracts under applicable law. By using This File, you represent and warrant that you are at least eighteen (18) years of age, and are not a person barred from accessing, using, acquiring, purchasing or receiving the Product under the laws of the United States or other applicable jurisdiction. You agree not to use This File for any purpose that is unlawful, illegal or forbidden by these Terms, or by any local laws applicable to you. By using This File, you agree to comply with United States law and to that of your own country, including those laws dealing with technical data export.

    In addition, you agree not to do any of the following without prior express written permission of Bdgt-Soft:
    • access the Material with any manual or automated process for any purpose other than your personal use;
    • use any device, software or routine that interferes or attempts to interfere with the normal operation of This File;
    • reproduce, duplicate, copy (except for personal use on your computer), sell, trade, resell or exploit This File or its content;
    • use any feature of This File for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
    • use This File for any commercial purpose.

  4. Privacy
    This File is a non-VBA .xlsx Excel file and does not monitor or share any of your information. Your privacy is important to us!

  5. Disclaimer of Warranty
    You expressly agree that use of This File is at your sole risk. We make no warranty, and expressly disclaim any obligation, that: (a) This File will meet your requirements or be uninterrupted, secure, or error-free; (b) the results that may be obtained from the use of This File or any services offered through it will be accurate or reliable; or (c) the quality of any information, products, services, or other material obtained by you through This File will meet your expectations. This File and all content and services it provides are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these Terms.

  6. Limitation of Liability
    Neither Bdgt-Soft nor its officers, directors, employees, agents, representatives, affiliates, providers or licensors shall be responsible or liable for (a) any damage to or viruses that may infect your computer equipment or other property as the result of your access to This File or saving its content, or (b) any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (1) any use of or inability to use This File or its content; (2) any failure or delay; or (3) the performance or non-performance by Bdgt-Soft or any provider, pursuant to applicable law. By accessing This File, you acknowledge and agree to Bdgt-Soft’s disclaimer of any such liability. If you do not agree, you should not access or use This File.

  7. Indemnification
    Subject to these Terms, you agree to defend, indemnify and hold Bdgt-Soft and its officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, or your use of or access to This File.

  8. Modification & Termination
    Neither you nor Bdgt-Soft shall modify these Terms unless both parties mutually agree in writing. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with This File, in any way, your only recourse is to immediately stop use of This File. Bdgt-Soft may terminate these Terms at any time without notice in the event of a material breach by you of these Terms. The provisions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 shall survive termination of these Terms.

  9. Miscellaneous
    If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms shall remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between you and Bdgt-Soft relating to your use of This File and replace any prior understandings or agreements (whether oral or written) regarding your use of This File.
    The laws of the State of Georgia (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of This File or these Terms, you agree to file such action only in the state and federal courts located in Atlanta, Georgia (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You agree that any disputes, claims and causes of action arising out of or connected with This File and/or these Terms, will be resolved individually, without resort to any form of class action. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.

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