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End User License Agreement

Notice to all users: Please read this agreement carefully. By installing the software, you agree to accepts all of the terms and conditions of this agreement and you agree that this agreement is enforceable like any written agreement signed by you.  If you do not agree to all of the terms of this agreement do not use this software.

1. LICENSE. Subject to the terms and conditions of this End User License Agreement (this "Agreement") and subject to the payment of the applicable license fees, BizNet Software, Inc., a Texas corporation (“BizNet”), grants to you a limited, non-exclusive and non-transferable license, for your internal business purposes only, for the accompanying software and documentation provided by BizNet (collectively, the “Software”) for the number of users for which the corresponding fee has been paid (the “Permitted Number”). This Agreement will also govern any upgrades to the Software provided by BizNet that replace and/or supplement the original Software, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern.

1.1. General Use. You may install and use a copy of the Software on your compatible computers, up to the Permitted Number of users; or

1.2. Server Use. You may install one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number or you may install one copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software through commands, data or instructions (e.g. scripts) from another computer on your internal network, provided that the total number of users that access or use the Software on such computer file server, does not exceed the Permitted Number. No other network use is permitted, including, but not limited to, using the Software, either directly or through commands, data or instructions from or to a computer not part of your internal network, for internet or web hosting services or by any user not licensed to use the Software through a valid license from BizNet; and

1.3. Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer.

2. RESTRICTIONS. The Software and any copies that you are authorized by BizNet to make are the intellectual property of and are owned by BizNet. The structure, organization and code of the Software are the valuable trade secrets and confidential information of BizNet. The Software is protected by copyright, including, without limitation, by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 1. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except to the extent you may be expressly permitted to decompile under applicable law. If it is necessary to decompile in order to achieve operability of the Software with another software program, you must first request that BizNet provide the information necessary to achieve such operability and only proceed to decompile if BizNet has not made such information available. BizNet has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by BizNet or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software that is similar to the Software. Trade names and or trademarks (hereinafter, “Trademarks") shall be used in accordance with accepted trademark practice, including identification of the trademark owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that Trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.

3. LIMITED WARRANTY. BizNet warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following receipt of the Software when used on the recommended hardware configuration. Your exclusive remedy and BizNet’s entire liability under this limited warranty shall be limited, at BizNet's option, to either the replacement of the Software or the refund of the license fee you paid for the Software.

4. DISCLAIMER. EXCEPT AS PROVIDED IN SECTION 3 ABOVE, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. BIZNET DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SOFTWARE AND SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE SOFTWARE OR SERVICES SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF BIZNET WHATSOEVER. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS AGREEMENT.

5. LIMITATION OF LIABILITY. IN NO EVENT WILL BIZNET BE LIABLE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL OR LABOR COSTS, OR LOST SAVINGS) EVEN IF A BIZNET REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. BIZNET'S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.

6. EXPORT RULES. All Software and technical data delivered under this Agreement are subject to United States export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such law and regulations and acknowledge that you have the responsibility to obtain.

7. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately without notice from BizNet if you fail to comply with any provision of this Agreement. Upon termination, you must cease use of the Software and destroy all copies of the Software.

8. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of Texas without regard to its conflicts of laws principles. You hereby irrevocably agree and consent to the exclusive jurisdiction of the state and federal courts of Dallas County, Texas.

9. SEVERABILITY. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

10. INTEGRATION. This is the entire agreement between BizNet and you relating to the Software and it supersedes all contemporaneous or prior communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote order, acknowledgement, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.