Creative Mountain Software, LLC

Terms and Conditions

SOFTWARE LICENSE AGREEMENT This Software License Agreement ("License Agreement") is a legal agreement between you (either an individual or a Company) and Creative Mountain Software for the accompanying software product, which includes computer software and may include "online" or electronic documentation of (the "Software Product"). By installing, or otherwise using the Software Product, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms and conditions of this License Agreement, do not install or use the Software Product. IT IS IMPORTANT THAT YOU (THE "LICENSEE") READ THIS NOTICE CAREFULLY. THESE ARE THE ONLY TERMS AND CONDITIONS APPLICABLE TO YOUR RIGHTS WITH RESPECT TO THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE SOFTWARE PRODUCT IS LICENSED, NOT SOLD. 1. GRANT OF LICENSE Creative Mountain Software hereby grants to Licensee a personal, non-exclusive, non-transferable license (a "License") to use one (1) copy of the Software Product, including any updates thereto, and accompanying documentation, if any, provided by Creative Mountain Software, according to the terms set forth below. 2. SCOPE OF USE You may install and use one copy of the Software Product, on a single computer. Licensee may also store or install a copy of the Software Product on a storage device, such as a network server, used only to install or run the Software Product on other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Software Product is installed or run from the storage device. A license for the Software Product may not be shared or used concurrently on different computers. 3. PROHIBITIONS You may not: modify, prepare derivative works from, translate, reverse engineer, decompile, disassemble or otherwise derive source code from the Software Product; copy the Software Product (except as provided above) or the accompanying documentation; rent, transfer, disclose, make available or grant any rights in the Software Product (including any accompanying documentation) in any form to any person without the prior written consent of Creative Mountain Software; remove any proprietary notices, labels, or marks on the Software Product; use the Software Product in any manner that infringes the intellectual property or other rights of another party; or use the Software Product to provide online or other database services to any other person. 4. RETENTION OF RIGHTS; TERMINATION This License Agreement does not constitute a sale. All title, trade secrets, copyrights, patents and other intellectual rights to the Software Product, its accompanying documentation and any copy made by Licensee remain with Creative Mountain Software, and Licensee hereby agrees to preserve and acknowledges the foregoing. Licensee further agrees and acknowledges that the Software Product and all copies thereof are Creative Mountain Software exclusive property. Licensee further agrees and acknowledges that unauthorized copying of the Software Product or the accompanying documentation, or failure to comply with any of the provisions hereof, will result in automatic termination of this License. In the event of a violation of this License by Licensee, Creative Mountain Software reserves and shall have available all legal remedies. 5. TERM OF LICENSE FOR TRIAL VERSION SOFTWARE The License pertaining to a trial version of the Software Product (a "Demo Version") shall expire in accordance with the terms as set forth in the installation process for the Demo Version along with the designated trial period as set forth in the Demo program. 6. WARRANTIES The Software Product is licensed to you on an "as is" basis without any warranty of any nature. CREATIVE MOUNTAIN SOFTWARE AND ITS SUPPLIERS MAKE AND LICENSEE RECEIVES NO WARRANTIES OR CONDITIONS, OR TERMS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH LICENSEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE MOUNTAIN SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. LICENSEE SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, EFFICIENCY AND SUITABILITY OF THE SOFTWARE PRODUCT AND CREATIVE MOUNTAIN SOFTWARE SHALL HAVE NO LIABILITY THEREFOR. CREATIVE MOUNTAIN SOFTWARE SHALL HAVE NO LIABILITY FOR, NOR OBLIGATION TO INDEMNIFY LICENSEE REGARDING ACTIONS ALLEGING THE INFRINGEMENT OF PROPRIETARY RIGHTS BY THE SOFTWARE PRODUCT. CREATIVE MOUNTAIN SOFTWARE DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE PRODUCT WILL MEET LICENSEE'S SPECIFIC REQUIREMENTS. The Limited Warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction. 7. LIMITATION OF LIABILITY IN NO EVENT WILL CREATIVE MOUNTAIN SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR LOSS OF DATA, CORRUPTION, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING FROM THE USE OF THE SOFTWARE PRODUCT OF THE POSSIBILITY OF SUCH DAMAGE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF CREATIVE MOUNTAIN SOFTWARE OR AN AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED LICENSEE PAID FOR THE SOFTWARE PRODUCT. LICENSEE ACKNOWLEDGES THAT THE AMOUNTS PAID BY LICENSEE FOR THE SOFTWARE PRODUCT REFLECT THIS ALLOCATION OF RISK. 8. TRANSFERS You may transfer this License to another computer or workstation only on a permanent basis, provided the computer, workstation, or other digital electronic device from which you have transferred this License no longer accesses or otherwise utilizes the Software Product, and the Software Product is used in accordance with the terms of this License Agreement. 9. TERMINATION You may terminate this License Agreement at any time. CREATIVE MOUNTAIN SOFTWARE may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In either event, you must destroy all copies of the Software Product. 10. UPGRADE If this License is an "Upgrade," you must have a valid license for the Prior Software for this License Agreement to be valid, and this License Agreement must be used to replace such license for the Prior Software. The total number of license "Upgrades" you may acquire may not exceed the total number of computers, workstations, or other digital electronic devices that were licensed to access or otherwise utilize the Software Product at the time you upgraded the Software Product. 11. MISCELLANEOUS This Agreement shall not be governed by the 1980 U. N. Convention on Contracts for the International Sale of Goods; rather, this Agreement shall be governed by the laws of the State of Pennsylvania, of the United States of America, without reference to conflicts of law principles. This Agreement is the entire Agreement between Creative Mountain Software and Licensee and supersedes any other communications or advertising with respect to the Software Product. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or non-enforceability, and the remainder of this Agreement shall continue in full force and effect. If the Software Product is acquired by the United States Government or on its behalf, the Software is furnished with restricted rights. The use, duplication, or disclosure by the United States Government and parties acting on its behalf is governed by, and subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, the subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or other comparable regulations of other government agencies, as applicable. Licensee agrees not to allow the Software Product to be sent to or used in any other country except in compliance with applicable United States laws and regulations. This Agreement shall constitute the entire agreement between Creative Mountain Software and Licensee and supersedes all prior agreements, understandings, communications, proposals or representations, oral or written, by either party.