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END-USER LICENSE AGREEMENT FOR EASESOFT SOFTWARE

IMPORTANT-READ CAREFULLY: This End User License Agreement (this "EULA") contains the terms and conditions regarding your use of the SOFTWARE (as defined below). This EULA contains material limitations to your rights in that regard. You should read this EULA carefully and treat it as valuable property.

I. THIS EULA.
1. Software Covered by this EULA. This EULA governs your use of the EASESOFT Inc, software product(s) enclosed or otherwise accompanied herewith (individually and collectively, the "SOFTWARE"). The term "SOFTWARE" includes, to the extent provided by EASESOFT: 1) any revisions, updates and/or upgrades thereto; 2) any data, image or executable files, databases, data engines, computer software, or similar items customarily used or distributed with computer software products; 3) anything in any form whatsoever intended to be used with or in conjunction with the SOFTWARE; and 4) any associated media, documentation (including physical, electronic and on-line) and printed materials (the "Documentation").

2. This EULA is a Legally Binding Agreement Between You and EASESOFT. If you are acting as an agent of a company or another legal person, such as an officer or other employee acting for your employer, then "you" and "your" mean your principal, the entity or other legal person for whom you are acting. However, importantly, even if you are acting as an agent for another, you may still be personally liable for violation of federal and State laws, such as copyright infringement.

This EULA is a legally binding agreement between you and EASESOFT. You intend to be legally bound to this EULA to the same extent as if EASESOFT and you physically signed this EULA. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms and conditions contained in this EULA. If you do not agree to all of the terms and conditions contained in this EULA, you may not install or use the SOFTWARE. If, for whatever reason, installation has begun or has been completed, you should cancel installation or un-install the SOFTWARE, as the case may be. (You may click on the "exit" button or its equivalent to immediately abort installation.) If you do not agree to all of these terms and conditions, then you must promptly return the SOFTWARE to the place of business from which you obtained it in accordance with any return policies of such place of business. Return policies may vary between or among resellers, and you must comply with your particular reseller's return policies as agreed at the point of purchase. If the place of business from which you purchased the SOFTWARE does not honor a complete refund for a period of thirty (30) days from the date of proof of purchase, then you may return the SOFTWARE directly to EASESOFT for a period of thirty (30) days from the date of your purchase. To return the product directly to EASESOFT, you must obtain a EASESOFT Return Authorization Number by contacting EASESOFT, and you must forward all items purchased, including the proof of purchase, directly to EASESOFT. The return must be postage-prepaid, and post-marked within thirty (30) days from the proof of purchase, time being of the essence. The return option to EASESOFT is only available to the original purchaser of an unopened factory packaged item.

II. YOUR LICENSE TO DEVELOP AND TO DISTRIBUTE.
In consideration for the license fee paid, and other good and valuable consideration, EASESOFT grants to You only, the Licensee, the nonexclusive, nontransferable, world-wide right to use the Software in accordance with this Agreement and the product license You purchase ("License"). If You are using this Software for your employer, this Agreement also includes your employer. You may only use the Software if it is properly licensed. As used in this Agreement, the term ("Developer") is defined as an individual that has a primary job function of developing applications.

1. The Single User License.
You are hereby granted a limited royalty-free, non-exclusive right to use the SOFTWARE on ONE CPU by ONE INDIVIDUAL. The purpose of using SOFTWARE is to produce the results, in digital or printable form, and not to develop custom application. A Single User License does not apply to the Network Server.

2. The Developer License.
One Developer License allows one Developer royalty-free distribution of the Software internally (in the same organization) and externally (outside the organization) up to a limit of 10,000 user licenses, provided You adhere to the following terms: Allows the Software to be installed and used by up to ten thousand (10,000) effective users, If distribution of Your application exceeds 10,000 licenses, additional Developer Licenses are required; each Developer License purchased will allow distribution of an additional 10,000 licenses. When distributing our components outside your organization, you may not resell, rent, lease or distribute the components alone, they must be bundled with an application or with the application's installation files.

3. The Single Server License .
The single server license allows use of the Software on one server in your organization, where a single server may have only 1 CPU and up to 10,000 unique user accesses to the Software per day. A Single Server License is required for each additional server. Additional Single Server Licenses may also be obtained for the same server to increase the requirements. For example, 2 Single Server Licenses allow up to 2 CPUs and up to 20,000 unique user accesses to the Software per day on the same server.

4. The 5 Developer License grants the rights of the Developer License for up to 5 developers and 20,000 user licenses.

5. The Unlimited Developer License grants the rights of the Developer License for an unlimited number of developers and an unlimited number of user licenses.

You agree to indemnify, hold harmless, and defend EASESOFT and its suppliers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of Your bundled application.


III. INTELLECTUAL PROPERTY.

1. Copyright. You agree that all right, title, and interest in and to the SOFTWARE (including, but not limited to, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE), and any copies of the SOFTWARE, and any copyrights and other intellectual properties therein or related thereto are owned exclusively by EASESOFT, except to the limited extent that EASESOFT may be the rightful license holder of certain third-party technologies incorporated into the SOFTWARE. The SOFTWARE is protected by copyright laws and international treaty provisions. The SOFTWARE is licensed to you, not sold to you. EASESOFT reserves all rights not otherwise expressly and specifically granted to you in this EULA.

2. Backups. You may either: (a) copy the SOFTWARE solely for backup or archival purposes; or (b) install the SOFTWARE on a single computer, provided you keep the original solely for backup or archival purposes. Notwithstanding the foregoing, you may not copy the Documentation.

3. General Limitations. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that applicable law expressly permits such activity notwithstanding this limitation.

4. Software Transfers. You may not rent or lease the SOFTWARE. You may transfer the SOFTWARE to another computer, provided that it is completely removed from the computer from which it was transferred. You may permanently transfer all of your rights under the EULA, provided that you retain no copies, that you transfer all the SOFTWARE (including all component parts, the media and printed materials, any dates, upgrades, this EULA and, if applicable, the Certificate of Authenticity), and that the recipient agrees to the terms and conditions of this EULA as provided herein. If the SOFTWARE is an update or upgrade, any transfer must include all prior versions of the SOFTWARE.

5. Termination. Without prejudice to any other rights it may have, EASESOFT may terminate this EULA and the Licenses if you fail to comply with the terms and conditions contained herein. In such an event, you must destroy all copies of the SOFTWARE and all of its component parts.

IV. WARRANTIES AND REMEDIES.
1. Limited Warranty. EASESOFT warrants that the original media, if any, are free from defects for ninety (90) days from the date of delivery of the SOFTWARE. EXCEPT AS OTHERWISE PROVIDED IN THE PRECEDING SENTENCE, AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, EASESOFT EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE, DOCUMENTATION AND ANYTHING ELSE PROVIDED BY EASESOFT HEREBY AND EASESOFT PROVIDES THE SAME IN “AS IS” CONDITION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM STATE TO STATE.

2. Limited Remedy. EASESOFT's entire liability and your exclusive remedy under this EULA shall be, at EASESOFT's sole option, either (a) return of the price paid for the SOFTWARE; (b) repair the SOFTWARE through updates distributed online or otherwise in EASESOFT's discretion; or (c) replace the SOFTWARE with SOFTWARE that substantially performs as described in the SOFTWARE documentation, provided that you return the SOFTWARE in the same manner as provided in Section I.2 for return of the SOFTWARE for non-acceptance of this EULA. Any media for any repaired or replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. THESE REMEDIES ARE NOT AVAILABLE OUTSIDE OF THE UNITED STATES OF AMERICA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EASESOFT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF EASESOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR ONSEQUENTIAL OR INCIDENTAL DAMAGES IN CERTAIN CASES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

V. MISCELLANEOUS.
1. This is the Entire Agreement. This EULA (including any addendum or amendment to this EULA included with the SOFTWARE)
is the final, complete and exclusive statement of the entire agreement between you and EASESOFT relating to the SOFTWARE.
This EULA supersedes any prior and contemporaneous proposals, purchase orders, advertisements, and all other communications in relation to the subject matter of this EULA, whether oral or written. No terms or conditions, other than those contained in this EULA, and no other understanding or agreement which in any way modifies these terms and conditions, shall be binding upon the parties unless entered into in writing executed between the parties, or by other non-oral manner of agreement whereby the parties objectively and definitively act in a manner to be bound (such as by continuing with an installation of the SOFTWARE, "clicking-through" a questionnaire, etc.) Employees, agents and other representatives of EASESOFT are not permitted to orally modify this EULA.

2. You Indemnify EASESOFT.You agree to indemnify, hold harmless, and defend EASESOFT and its suppliers and resellers
from and against any and all claims or lawsuits, including attorney's fees, which arise out of or result from your breach of any of the terms and conditions of this EULA.

3. Interpretation of this EULA. If for any reason a court of competent jurisdiction finds any provision of this EULA, or any portion thereof, to be unenforceable, that provision of this EULA will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this EULA will continue in full force and effect. Formatives of defined terms shall have the same meaning of the defined term. Failure by either party to enforce any provision of this EULA will not be deemed a waiver of future enforcement of that or any other provision. Except as otherwise required or superseded by law, this EULA is governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. The parties consent to the personal jurisdiction and venue of the Commonwealth of Pennsylvania, in the County of Allegheny, and agree that any legal proceedings arising out of this EULA shall be conducted solely in such Commonwealth. If the SOFTWARE was acquired outside the United States, then local law may apply.



 

 
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