Mechanic's Mate CMMS 3.30

EULA - End User License Agreement

Compliance Technologies, Inc. grants the Licensee (the original purchaser of the specific license rights to the Software) the right to use the accompanying Software, consisting of machine-readable computer code and documentation, under the following terms and conditions. If you do not agree to the use of the Software under these terms and conditions, you must return the software at once to Compliance Technologies, Inc.

LICENSE

You May:

1. Make one copy of the Software in machine-readable form solely for backup purposes, provided the copy displays the standard copyright notices.

2. Terminate this License at any time by destroying all original master and back up copies of the Software and documentation. This License will also terminate upon Licensee's failure to comply with any of the terms or conditions of this License, including failure of Compliance Technologies, Inc. to receive full payment for the License. Upon termination, all original master and back up copies of the Software and documentation must be destroyed.

3. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013.

You May Not:

1. Use the Software on more than one computer or workstation in a network or multi-user system at any one time, unless your purchase invoice indicates that you have a network or multi-user version, in such circumstance, then the Software may be used on the specified number of computer/workstations.

2. Modify, translate, decompile, reverse engineer, disassemble, create derivative works based on, or copy (except for the backup copy) the Software or accompanying documentation.

3. Rent, transfer or otherwise grant any rights in the Software in any form to any person without the prior written consent of Compliance Technologies, Inc., which consent will not be unreasonably withheld, subject to the new Licensee's consent to the terms of this License. Upon such transfer, Licensee gives up all of the rights granted under this License.

4. Remove any proprietary notices, labels or marks on the Software and accompanying documentation.

TITLE

All intellectual property rights in the Software, including without limitation copyright, patent trade secret and trademark rights, are and shall remain the property solely of Compliance Technologies, Inc. and/or its licensers. The Software and documentation is copyrighted and protected by the copyright laws of the United States and those of foreign countries. Unauthorized duplication or other infringement is subject to severe criminal and civil liability.
LIMITED WARRANTY AND DISCLAIMER

1. Compliance Technologies, Inc. warrants the magnetic media on which the Licensed Software is recorded, and the security device to be free from defects in materials or faulty workmanship, in normal use and service for a period of sixty (60) days from the effective day of this agreement. If during this sixty day period, a defect in the media or faulty workmanship should appear, the media or other evidence of faulty workmanship may be returned to Compliance Technologies, Inc. for replacement without charge. Compliance Technologies, Inc. specifically does not warrant that the functions contained in the Licensed Software will meet the End User's requirements, or that the operation of the Licensed Program and Materials will be entirely error free.

Licensee should take efforts to protect the security device from loss or theft including, if appropriate, ensuring that such devices are covered under the protection of an insurance policy. Compliance Technologies, Inc. will not be liable for any loss or theft of such hardware keys. The replacement of any lost or stolen security device shall be considered as the purchase of a new copy of the program.

EXCEPT FOR THE WARRANTY DESCRIBED IN THIS PARAGRAPH, THERE ARE NO SOFTWARE WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED.

LIMITATION OF LIABILITY

1. Payments made to Compliance Technologies, Inc. and/or its licensers under this License do not include any consideration for assumption of risks; the parties specifically agree that by use of the Software, licensee has accepted any and all liability and responsibility for use of the Software and its performance. Compliance Technologies, Inc. shall in no event be liable for any lost profits, and special, indirect or consequential damages of Licensee or any other party, arising out of or in connection with the use or the inability to use or the performance or lack thereof of the Software, or arising from the negligence of Compliance Technologies, Inc. or its employees, officers, directors, consultants, licensers or dealers, even if any of these parties have been advised of the possibility of such damages. Furthermore, Licensee hereby indemnifies and agrees to hold Compliance Technologies, Inc. harmless from such claims. Compliance Technologies, Inc.' maximum liability for any and all claims arising out of the License or the use or performance of the software shall be limited to the amount actually paid by License for the Software, less any reasonable fee for the period of use of the Software, provided, however, that Compliance Technologies, Inc. shall not be liable for a refund of the purchase price, as adjusted, unless it has received the License Program and Materials. Compliance Technologies, Inc. shall refund such fee within a reasonable period of time after its receipt of the License Program and Materials.

2. GOVERNING LAW. This License Agreement is to be governed by and interpreted in accordance with the laws of the State of Georgia as if made and wholly performed within the State of Georgia and any applicable United States Government Export Regulations.

3. ATTORNEYS FEES. If any legal action is brought by either party to this license agreement against the other party regarding the subject matter of this license agreement, the prevailing party shall be entitled to recover, in addition to any other relief, reasonable attorneys fees and expenses. The sole venue for any legal action should be the State of Georgia, notwithstanding and other laws of any state where Licensee may be located.