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Be sure to carefully read and understand the rights and restrictions described in the End-User License Agreement ("EULA"). You will be asked to review and either accept or not accept the terms of the EULA. This product will not install on your computer unless you accept the terms of the EULA.
NOTE: THE TERMS OF A PRINTED, PAPER EULA WHICH MAY ACCOMPANY THE SOFTWARE SUPERSEDES THE TERMS OF ANY ON-SCREEN EULA FOUND WITHIN THE SOFTWARE.
For your future reference, you may print the text of the EULA, or refer to a copy of the EULA that can be found in the LICENSE.TXT file in the Software installation folder.
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END-USER LICENSE AGREEMENT FOR EHELP SOFTWARE
IMPORTANT-READ CAREFULLY. THIS END-USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND EHELP CORPORATION FOR THE SOFTWARE PRODUCT(S) ACCOMPANYING THIS EULA, WHICH INCLUDE(S) COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND PRINTED OR ONLINE DOCUMENTATION ("SOFTWARE"). YOUR CLICK ON THE "YES" BUTTON BELOW, IS A SYMBOL OF YOUR SIGNATURE THAT YOU HAVE READ THESE TERMS AND ACCEPT THEM, AND IF YOU ARE ACCEPTING ON BEHALF OF AN ENTITY, THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THE TERMS OF THIS EULA. IF YOU DO NOT ACCEPT THESE TERMS, EHELP IS UNWILLING TO GRANT YOU THIS LICENSE AND YOU SHOULD CLICK ON THE "NO" BUTTON.
This Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold, and is not a sale of the original or any subsequent copy of the Software. Any reference to a "sale" or "purchase" of the Software in this EULA means a license to use the Software.
1. LICENSE GRANT: Subject to, and for so long as you comply with, the terms and conditions of this EULA, eHelp Corporation, a Delaware corporation whose address is 10590 West Ocean Air Drive, San Diego, CA 92130, USA, and its licensors, if any ("eHelp") grants to you a personal, non-exclusive license (a "License") to use the Software solely on the terms set forth below. The Software includes any software updates, add-on components, and/or supplements to the original Software that eHelp may provide to you or make available to you after the date that you obtain your initial copy of the Software (only to the extent that such items are not accompanied by a separate EULA or terms of use). eHelp reserves all rights to the Software not expressly granted to you under this EULA.
2. SCOPE OF LICENSE. THIS LICENSE GRANTS YOU THE FOLLOWING RIGHTS:
* Software. You are free to use, duplicate and distribute this software through the internet or any preferred media.
* Beta Software. If you received this License as part of any eHelp Beta program, then this License will terminate upon the first public announcement by eHelp that the commercial release of the Software is available, and you will be required to obtain a license for the commercial version of the Software in order to continue use. All use of Beta Software must comply with the terms of the applicable eHelp Beta program in addition to the terms set forth in this EULA.
* Support. Information regarding support services for the Software is located within the Support section of eHelp's Internet web site at www.ehelp.com. Any supplemental software code provided to you as part of the support services shall be considered part of the Software and subject to the terms and conditions of this EULA. With respect to technical information you provide to eHelp as part of the support services, eHelp may use such information for its business purposes, including for product support and development. eHelp will not utilize such technical information in a form that personally identifies you.
* Subject to any limitations provided by this EULA, you may freely distribute copies of any files, applications, and source code generated with the Software.
3. RESTRICTIONS.
* Reverse Engineering. Except to the extent applicable laws specifically prohibit the following restrictions, and then only to the minimum extent permitted thereunder: You may not modify, translate, reverse engineer, decompile, disassemble, or otherwise attempt to re-create or discover the source code or other proprietary components of the Software, or create derivative works based on the Software, or any portion of the Software.
* Separation of Components. The Software is licensed as a single product. You may not separate the Software's component parts for use on more than one computer.
* Proprietary Notices. You may not remove any proprietary notices, labels or marks on the Software.
* Use of eHelp's Name. You may not use eHelp's or eHelp's suppliers' name, logos, or trademarks in any manner including, without limitation, in your advertising or marketing materials, except for instances where they are automatically generated by the Software, or as may be necessary to affix the appropriate copyright or other proprietary notices as required by this EULA.
* You may not permit any third party to perform any of the above restricted actions set forth in this RESTRICTIONS Section.
4. TITLE.
Subject to the License expressly granted to you by this EULA, all title, ownership rights, intellectual property rights, and all other rights and interest in and to the Software are vested in and shall remain in eHelp and/or its suppliers. You agree that you neither own nor hereby acquire any claim or right of ownership to the Software (or any accompanying documentation) or to any related patents, copyrights, trademarks or other intellectual property rights. If applicable, you acquire title only to the magnetic or other physical media on which the Software and any related documentation are recorded or fixed. The Software is protected by the copyright laws and other intellectual property laws of the United States and international treaties. If this Software contains documentation provided only in electronic form, you may print one copy of such electronic documentation for each License.
5. TERMINATION.
The License is in effect until terminated. You may terminate this License at any time by ceasing any and all use of the Software, and deleting or otherwise destroying the Software. The License will terminate immediately and automatically if you breach any of the terms of this EULA or otherwise fail to comply with the limitations described in this EULA. On any termination, you must destroy all copies of the Software. Sections titled RESTRICTIONS, TITLE, LIMITED WARRANTY, LIMITATION OF LIABILITY, and GENERAL shall survive any termination of this EULA.
6. EXPORT CONTROLS.
This Software is subject to the export control laws of the United States. You may not export or re-export the Software or any part the Software without the appropriate United States and foreign government licenses. You shall otherwise comply with all applicable export control laws and shall indemnify, defend, and hold eHelp and its suppliers harmless from any and all liabilities (including attorney's fees) arising from or related to your violation of such export control laws.
7. U.S. GOVERNMENT END-USERS.
The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sep 1995) and is provided to the U.S. Government only as a commercial end item. Any technical data provided with such Software is commercial technical data as defined in 48 C.F.R. 12.211 (Sep 1995). Consistent with 48 C.F.R. 12.211 through 12.212, 48 C.F.R. 227.7202-1 through 227.7202-4 (Jun 1995), and 48 C.F.R. 252.227-7015 (Nov 1995), all U.S. Government End Users acquire the Software with only those rights expressly set forth in this EULA.
8. LIMITED WARRANTY.
eHelp warrants that the media containing the Software, if such media is provided by eHelp, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. eHelp's sole liability, and your sole and exclusive remedy, for any breach of this warranty shall be, in eHelp's sole discretion to replace your defective media. Replaced Software shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date of shipment to you of the replaced Software. Only if you inform eHelp of such defect with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will eHelp be obligated to honor this warranty. eHelp will use commercially reasonable efforts to replace or refund pursuant to the foregoing warranty within thirty (30) days of being so notified. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY EHELP. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THIS EULA, TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND EHELP MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. EHELP DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR WILL OPERATE IN AN UNINTERRUPTED MANNER. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY. NO EHELP AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If you make any modification to the Software during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this EULA, then this warranty shall immediately be voided. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described in the documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR FROM ONE JURISDICTION TO ANOTHER.
9. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW: (I) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EHELP OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION EVEN IF EHELP SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES; AND, (II) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EHELP, ITS SUPPLIERS AND RESELLERS UNDER THIS EULA EXCEED EHELP'S LIST PRICE FOR A LICENSE TO THE SOFTWARE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU IN ITS ENTIRETY.
10. GENERAL.
This EULA represents the complete agreement concerning this license between the parties and supersedes all prior or contemporaneous agreements and representations between them with respect to the subject matter. This EULA may be amended only in a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH IN THIS EULA, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER, AND SUCH PURCHASE ORDER TERMS SHALL HAVE NO EFFECT ON THIS EULA. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remainder of this EULA shall nonetheless remain in full force and effect. This EULA shall, for all purposes, be construed, governed by and enforced solely and exclusively in accordance with the laws of the state of California, USA without giving effect to its conflict of law provisions or your actual residence in another state or jurisdiction, except as governed by Federal law. You hereby agree that the courts located in San Diego, California, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this EULA and you hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto. You hereby irrevocably consent to service of process for all actions in such courts. Any judgments obtained by such courts may be entered and enforced against you in any jurisdiction where your assets are located. Notwithstanding anything in this EULA, eHelp may, at any time seek injunctive relief to enforce its rights under this EULA in any court of competent jurisdiction. This EULA shall bind you and your successors and assigns but shall not be assignable, sublicensable or delegable by you except as expressly set forth herein, or with eHelp’s prior written consent. Any such purported assignment, sublicense or delegation in violation of the foregoing shall be void. This EULA shall bind and benefit eHelp and its successors and assigns. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded from this EULA. No waiver of any rights under this EULA will be effective unless in a writing signed by both parties, and such waiver is only effective for the specific instance referenced in such writing.
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