WealthProbe Beta Version Software License Agreement

Revised: 4 September 2024

Purpose of the License

Thank you for being a WealthProbe Beta version user. When you use WealthProbe, you enter into a binding Agreement with us as described within this License. It is incumbent on the user to review the most recent version of the License before using WealthProbe. Your download of the WealthProbe Beta version indicates that you have read and agree to the terms of this License.

Changes

We anticipate that changes to this License may be required and we may revise it at any time. We will list the date of any revision at the top of this License. In addition, we may also list the date of the most recent revision on the website, or we may notify you by other means. It is important that you check to ensure you have reviewed the most recent version of this License because your continued use of WealthProbe indicates your agreement with any modifications to the License.

Definitions

• Agreement: Your download and continued use of WealthProbe constitutes your agreement to the terms of the License.
• Beta Versions or Features: Pre-release or test versions of either software or website features. These software versions or features, and their results or functionality may change based on further testing and Beta user feedback.
• Commercial Use: Using WealthProbe for anything other than Personal Use.
• Company or We: Cache Smart, LLC.
• Customer, user, or you: The person who purchases WealthProbe and their spouse.
• Device: The hardware (desktop computer, laptop, tablet, mobile device, etc.) the user employs to execute WealthProbe.
• Documentation: All information and instructions contained within WealthProbe pertaining to WealthProbe operation and information contained in WealthProbe training videos.
• Fiduciary: A person that is trained for, and legally required to act in the best financial interests of their client.
• License: The document containing the agreement between the user and the Company that spells out the responsibilities of the user and the Company and allows the user to use the product. For the WealthProbe Beta version, this License is this document.
• Personal Use: Used for the benefit of only the purchaser and/or the purchaser’s spouse.
• Production Version: Any non-Beta version of WealthProbe placed for sale to the public.
• Retirement Planning: The user’s plan that encompasses saving for and living in retirement.
• Scenario: A set of assumptions determined by the user.
• Software: Instructions written in a computer language and any associated instructions or help related the software.
• Website: WealthProbe.com

Terms of the License

By using WealthProbe you agree to the following:

• WealthProbe is licensed, not sold. The license gives you the right to use the software for personal use. Authorized users are the buyer of WealthProbe and the buyer’s spouse. No other users may use WealthProbe under the purchased license. All other rights are reserved by Cache Smart.
• This downloadable software is intended for the private, personal use by our clients as an aid in their retirement planning. Commercial use is strictly prohibited.
• You will not work around any technical difficulties you encounter using WealthProbe. Notify us of any such difficulties.
• You will not decompile, reverse engineer, or attempt to derive the source code for WealthProbe in any way.
• You will not use WealthProbe in any commercial uses. You will use WealthProbe only for your own personal use.
• You will not sell, rent, lease, share, or otherwise transfer WealthProbe to any third party, individual, group, or organization.
• You will not use WealthProbe that is in any way against the law.
• You are at least 18 years of age.
• You are capable of agreeing to a contract with Cache Smart LLC, the owner of WealthProbe.
• Customer represents and warrants to Company that it will not, directly or indirectly, export or re-export, supply or otherwise make available the Software or any related technical information or data to any person in violation of any governmental export regulation, including, without limitation, re-exporting, supplying or otherwise making available the Software to any person on the U.S. Department of Commerce’s Denied Persons List or affiliated lists, on the U.S. Department of Treasury’s Specially Designated Nationals List, in a country on the State Sponsors of Terrorist list or on any U.S. export exclusion lists (collectively, the “Export Denial Lists”). Customer represents and warrants that it is not on any of the Export Denial Lists and that Customer is not using and will not use any Software or related technical information or data to further activities in support of development, manufacture or use of nuclear fuel or weapons, missiles, or chemical or biological weapons. Customer further certifies to Company that Customer will immediately notify Company if at any time those warranties and representation become no longer accurate.
• You understand that the WealthProbe Beta version is a prototype test version and provides a preliminary estimate of the effectiveness of your retirement plan based on your inputs and your assumptions on the date of execution. Therefore, the answers provided by this Beta version may change after the completion of the Beta testing phase, and WealthProbe is updated with the test results. As with any single analysis tool, WealthProbe is not intended to be your only source of information for retirement planning.
• You understand that WealthProbe may provide or imply suggestions for further investigation by you, but it does not provide investment advice of any kind and does not replace the need for a financial advisor that acts as a fiduciary on your behalf.
• The Company is not a licensed tax or legal professional. WealthProbe is not intended to and does not provide tax or legal advice. Users should consult with a licensed tax professional and attorney for such advice.

Warranties and Disclaimers

The Company warrants that the Beta Version software will perform substantially in accordance with the documentation, providing accurate preliminary results based on user inputs and assumptions, that may change as a result of the Beta testing. WealthProbe results should be considered a “snapshot” estimate based on these inputs and assumptions, the accuracy of which improves with the detail and accuracy of the user’s inputs. The Beta version Software has been and continues to be subject to an extensive test program, but the Company cannot guarantee it is error free or will function without interruption.

The Company will attempt to resolve user difficulties in a timely manner. The Software is provided “as is” and all other warranties, express or implied, are disclaimed. Users are entitled to software updates while their license is valid; these updates are also provided “as is” and all other warranties, express or implied, are disclaimed.

Scope of License

User is granted a non-exclusive, non-transferable license to use the software for personal, non-commercial purposes.

This Beta Version License is valid until 31 October 2024, after which the WealthProbe Beta version will no longer function. If the user intends to claim the 30% discount on the first Production version of WealthProbe, the Beta Survey should be completed before 1 December 2024.

You may analyze any number of scenarios during your valid license period.

You are allowed two (2) downloads of WealthProbe Beta version. This is intended to account for the possibility that you will decide to use WealthProbe concurrently on two of your own devices, or install WealthProbe on a new device in the event of a failure or replacement of your existing device during the license period. Download to anybody other than the user is strictly prohibited.

You are allowed four (4) activations of WealthProbe with your license.

Except for the user, nobody else is allowed to use your copy of WealthProbe under any circumstances, including allowing the unauthorized person to use WealthProbe on a device owned by you.

Software shall be deemed delivered when Cache Smart makes it available for download. The software continues to be protected by copyright and intellectual property laws.

This agreement constitutes the entire agreement between you and Cache Smart, and supersedes all prior understandings or agreements, oral or written, regarding its subject matter.

If you are a non-commercial organization end user, your organizational use of WealthProbe on behalf of your employees is strictly prohibited.  If you are an individual employee of any organization, you are welcome to use WealthProbe as an individual User.

Any waiver by Company must be made expressly in writing by the Company. Additionally, Company’s knowledge of Customer’s use of the Software beyond the scope of the license shall not operate as a waiver of Company’s rights to enforce the terms of this Agreement under any legal or equitable doctrine. Company’s failure to exercise, or delay in exercising, a right, power or remedy provided in this Agreement or by law shall not constitute a waiver of that right, power or remedy. Company’s waiver of any obligation or breach of this Agreement shall not operate as a waiver of any other obligation or subsequent breach of the Agreement..

You cannot assign your rights to use WealthProbe to anyone else without our express written permission. Your use of WealthProbe is strictly confined to you.

In the event that any provision of this Agreement is held to be invalid or unenforceable, then: (a) such provision shall be deemed to be reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed to be severed from this Agreement; and (b) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby.

An internet connection is required to download, install, and activate WealthProbe. It is your sole responsibility to provide this internet connection. We provide the protected pathway for download.

As stated on the Website, WealthProbe currently requires a Windows 10 or later operating system. The Apple-compatible version of WealthProbe is still under development.

Restrictions on Use

You agree that your license only grants limited rights to download, install, activate, and use WealthProbe that you have lawfully downloaded. Furthermore, you further agree that WealthProbe and its accompanying installation package may not be modified, reverse-engineered, copied, decompiled, disassembled, distributed, re-sold, or employed in any Commercial Use, and that you will cease to use WealthProbe when its license expires. Cache Smart reserves all rights to WealthProbe not specifically granted to you in this Agreement.

You understand and agree that WealthProbe has been licensed to you, not sold, and that you agree to and are bound by the terms of this Agreement.

Beta Version Use and Associated Survey

You may use the WealthProbe Beta version we make available to you as-is. As an authorized Beta Version user, once you have used our website and the WealthProbe Beta Version, you are asked to fill out a short survey which can be accessed in the ‘Online’ tab of the WealthProbe execution window. Completing the survey will entitle you to 30% off of the retail price of the production version of WealthProbe. You will be notified after the production version of WealthProbe becomes available and will have 90 days from that notification to use your 30% discount.

User Obligations and Responsibilities

You agree to comply with the terms of this License and all applicable laws and regulations when using the software.

We may notify you of updates to the version of software you obtained, but you agree that you are responsible for checking for, and downloading available updates to your licensed software.

Intellectual Property Rights

The user agrees that the software and all intellectual property rights therein are owned by the Company. The user further acknowledges that no ownership rights are transferred by virtue of the download of the WealthProbe Beta Version Software.

User Privacy Associated with WealthProbe Download and Operation

Except for your initial download of WealthProbe, activation prior to first use of WealthProbe on a device (desktop, laptop, etc.), or when you decide to update your version of WealthProbe by downloading a new version from the Website, there is never communication between the downloaded WealthProbe program and any other Cache Smart entity. After license activation on a device, the software may be run with or without an internet connection. All data entered by the user is encrypted and recorded for personal analysis by the downloaded WealthProbe program and remains on the user’s own computer or detachable storage device. This data is encrypted using banking-level encryption and may only be accessed and decrypted by the user’s own device that created the data files. The user is free to store their data files on a portable medium, e.g. a thumb drive, for storage when they are not using the data files for analysis. These data files can be accessed only on the device that was used for their creation. For more information, to include privacy while operating on the Company’s website(s), see our general Privacy Policy.

Limitation of Liability

Cache Smart and its affiliates will not be responsible for:

• Loss of data, profits, income, anticipated savings,
• Indirect or incidental loss,
• Punitive, exemplary, special or consequential damages,
• Damages related to the internet, other electronic data transfer or communications,
• Damages related to data corruption or security,
• Damages related to incompatible software;
• Damages to any hardware or equipment, or
• Damages related to viruses or spyware.

Financial Decisions

WealthProbe is one of many potential sources of information available to help the user assess how they are doing with respect to their retirement plan, and to help the user estimate the potential impact of certain actions or assumptions. It is not intended to be used in isolation. WealthProbe gives an accurate estimate of the user’s financial progress, but its results are only as good as the accuracy of the user’s inputs and the extent to which the input assumptions are reasonable. It is the user’s responsibility to make reasonable use of the information provided by WealthProbe. The company shall not be liable for any assumption, decision made, or action taken by the user based on the analysis provided by the software.

Cap on Liability

The liability of the Company related to this agreement, to include liability for user decisions or for incidental, consequential, or special damages shall not exceed the amount paid by Customer for the software license.

Indemnification

User agrees to indemnify the company against any claims or damages arising from user’s misuse of the software or breach of the agreement. If we are sued because of your unlawful use of WealthProbe, or you didn’t follow this License in your use of WealthProbe, you agree to take responsibility for any harm to us.

Furthermore, you will indemnify Cache Smart and its affiliates from any costs, judgements, fines, or any damages resulting from your unlawful or unauthorized use of WealthProbe, or as a result of any violation of this Agreement and will reimburse Company for such costs, judgments, fines, or any damages, including its attorneys’ fees, incurred.

The user shall notify the Company of any claims involving the use of the software using the Contact Form on the Website.

Dispute Resolution

You and Cache Smart agree to first attempt to resolve any dispute that may arise through an informal dialogue between us. Any disputes will be resolved on an individual basis rather than as a class action. Customer expressly waives their right to join any class action matter against Company.

This Agreement shall be enforced and construed in accordance with the laws of the state of Virginia without regard to its conflicts of laws provisions. Any suit for the enforcement or interpretation of any provision of this Agreement shall be brought exclusively in a court of competent jurisdiction encompassing Stafford County, Virginia.

Company and user hereby waive any and all rights to a trial by jury in any action or proceeding of any kind or nature in connection with any of the matters set forth in this License.

In the event Company takes any legal action to enforce the terms of this Agreement, or is required to defend any legal action brought by Customer arising out of or related to this Agreement, Company shall be entitled to recover, in addition to all other amounts and relief, its reasonable costs and attorney’s fees incurred at and in preparation for arbitration, trial, appeal and review, such sum to be set by the arbitrator or court before which the matter is heard.