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License

DO NOT INSTALL this software until you have read and accepted all the terms of this agreement.

END-USER AGREEMENT FOR THIS SOFTWARE

This End-User Agreement ("AGREEMENT") is a legal agreement between you (either an individual or a single entity) and Olive Branch Communications Inc. ("PUBLISHER"), publisher of Listomax (the "PRODUCT"), which includes computer software (the "CLIENT") and and an image hosting service (the "SERVICE"). By installing, copying, or otherwise using the PRODUCT, you agree to be bound by the terms of this AGREEMENT. If you do not agree to the terms of this AGREEMENT, do not install or use the PRODUCT.

1. GRANT OF LICENSE.

Subject to the terms and conditions of this AGREEMENT, PUBLISHER grants you an individual, personal, non-sublicensable, non-exclusive and non-transferable license (the "LICENSE") to use the CLIENT in exchange for a payment as determined by the PUBLISHER.

In addition, and subject to the terms and conditions of this AGREEMENT, PUBLISHER grants you an individual, personal, non-sublicensable, non-exclusive and non-transferable license (the "LICENSE") to use the SERVICE at no charge for a duration determined by the PUBLISHER.

Notwithstanding the above, PUBLISHER grants use of the CLIENT and SERVICE without fees for a duration of thirty days ("TRIAL PERIOD") in order to ascertain its suitability for use.

2. RESTRICTIONS ON USE.

PUBLISHER does not condone copyright infringement or other illegal activities, and will take explicit steps to halt such actions.

You agree that you will only use the PRODUCT for lawful purposes, in compliance with all applicable laws including, without limitations, copyright, trademark, obscenity and defamation laws. Unlawful activities may include (without limit) storing, distributing or transmitting any copyrighted or trademarked material; or storing, distributing or transmitting any unlawful material.

You hereby agree to defend and indemnify PUBLISHER against any claim or action that arises from your use of the PRODUCT in an unlawful manner or in any manner inconsistent with the restrictions and policies stated herein.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas, protocols or algorithms of the PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Termination. Without prejudice to any other rights, the Publisher of this Software may terminate this AGREEMENT if you fail to comply with the terms and conditions of this AGREEMENT. Upon termination of this AGREEMENT for any reason, you must destroy all copies of the PRODUCT and all of its component parts.

Privacy. It is PUBLISHER's policy to respect the privacy of its customers. Nevertheless, PUBLISHER reserves the right to licensees' names and other registration and identification information in order to comply with applicable laws and lawful government requests, to operate its business properly, or to protect itself. PUBLISHER will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity of which it becomes aware.

4. SUPPORT.

Subject to the terms hereof, PUBLISHER will provide you with email support services for PRODUCT. Under no circumstances will PUBLISHER have any obligation to provide you with hard-copy documentation, upgrades, enhancements, modifications, or toll-free phone support.

5. TERMINATION.

This AGREEMENT with respect to SERVICE automatically terminates after two (2) years following payment. PUBLISHER may also terminate this AGREEMENT for CLIENT and SERVICE immediately, without prior notice or liability, if you breach any of the terms or conditions of this AGREEMENT.

Upon expiration or termination of SERVICE, you will immediately cease all use of SERVICE. Except for the License granted in Section 1 and except as otherwise expressly provided herein, all sections of this AGREEMENT which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and all other remedies will be available whether or not the license is terminated.

Upon termination of CLIENT, you will immediately cease all use of the software and any documentation and return or destroy all copies of the software and any documentation. Except for the License granted in Section 1 and except as otherwise expressly provided herein, all sections of this AGREEMENT which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and all other remedies will be available whether or not the license is terminated.

6. COPYRIGHT.

All title and copyrights in and to the PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the PRODUCT) and any copies of the PRODUCT are owned by the Publisher of this Software. The PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the PRODUCT like any other copyrighted material except that you may install the CLIENT on a single computer provided you keep the original solely for backup or archival purposes.

7. U.S. GOVERNMENT RESTRICTED RIGHTS.

As defined in FAR section 2.101, the Software and Documentation licensed in this AGREEMENT are "commercial items" and according to DFAR section 252.227-7014(a)(1) and (5) are deemed to be "commercial computer software" and "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this AGREEMENT and will be prohibited except to the extent expressly permitted by the terms of this AGREEMENT.

8. MISCELLANEOUS.

If you acquired this product in the United States, this AGREEMENT is governed by the laws of the State of California.

If this product was acquired outside the United States, then local law may apply.

9. WARRANTY DISCLAIMER.

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND PUBLISHER DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY.

PUBLISHER'S TOTAL LIABILITY, IF ANY, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY YOU TO PUBLISHER FOR THE SERVICE UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT OF INJURY THAT GAVE RISE TO THE LIABILITY. PUBLISHER AND ITS LICENSORS WILL NOT BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF PUBLISHER HAS BEEN ADVISED.

 
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