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EULA - End User License Agreement

Etimos Software

END USER LICENSE AGREEMENT

PLEASE READ THIS END USER LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE INSTALLING OR USING Etimos Software SOFTWARE (SOFTWARE). BY INSTALLING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL 0R USE THE SOFTWARE AND RETURN THE ENTIRE PACKAGE INTACT, IN THE ORIGINAL WRAPPING, TO YOUR DEALER FOR A FULL REFUND.

1. General. Etimos Software as Licensor, grants, not sells to you, as Licensee, a non-exclusive right to use this Software under the terms of this License. Etimos Software reserves all rights not expressly granted to you. Etimos Software retains the ownership of the Software. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

2. Permitted License Uses and Restrictions. (a) This License allows you to install and use one copy of the Software on a single qualified computer running the version(s) of the Microsoft Software for which it is designated. You will need to review the System Requirements for the specific versions of Windows supported by Software. This License does not allow the Software to exist on more than one computer at a time. Unauthorized copying of the Software is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this Agreement. Subject to these restrictions, you may make one copy of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. (b) Except as and only to the extent permitted in this License and by applicable law, you may not copy, adapt, translate, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software.

3. Transfer. You may not assign, rent, lease, lend, sell, redistribute or sublicense this Software. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation. except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided that you keep the original solely for backup or archival purposes. You may not remove any proprietary notices or labels on the Software. All copies must contain the same proprietary notices that appear on and in the Software. All rights not expressly set forth hereunder are reserved by Etimos Software. You may, however, make a one-time permanent transfer of all of your license rights to the Software (in its original form as provided) to another party.

4. Consent to Use of Data. You agree that Etimos Software and its subsidiaries may collect and use technical and related information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

5. Termination. This License is effective until terminated. Your rights under this License will terminate by Etimos Software automatically without notice if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of Software and destroy all copies, full or partial, of the Software.

6. Disclaimer of Warranties. Your use of the Software is at your sole risk. The Software and accompanying written materials are provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind, express or implied of any kind and Etimos Software specifically disclaims the warranties of fitness for a particular purpose and merchantability. No oral or written advice given by Etimos Software, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope if this warranty and you may not rely upon such information or advice. WITHOUT LIMITING THE FOREGOING PROVISIONS, Etimos Software MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

7. Limitation of Liability. Etimos Software or anyone else who has been involved in the creation, production, or delivery of the Software cannot be liable for, and shall not pay, any amount of incidental, consequential, direct or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the software). You assume the entire risk as to the quality and performance of the Software.