NoticeWare Reporter 14-04

EULA - End User License Agreement

NOTICEWARE CORPORATION END-USER LICENSE AGREEMENT FOR THE NOTICEWARE REPORTER SOFTWARE PRODUCT.

IMPORTANT-READ CAREFULLY: This NoticeWare Corporation End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and NoticeWare Corporation for the NoticeWare Corporation's SOFTWARE product identified above, which includes computer SOFTWARE and associated media and printed materials, and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.

SOFTWARE PRODUCT LICENSE

The SOFTWARE 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. The SOFTWARE and documentation that accompanies this license (collectively the 'SOFTWARE') is the property of NoticeWare Corporation , or its licensors, and is protected by copyright law. While NoticeWare Corporation continues to own the SOFTWARE, You will have certain rights to use the SOFTWARE after Your acceptance of this license. This license governs any releases, revisions, or enhancements to the SOFTWARE that NoticeWare Corporation may furnish to You. Except as may be modified by a NoticeWare Corporation license certificate, license coupon, or license key (each a 'License Module') that accompanies, precedes, or follows this license, Your rights and obligations with respect to the use of this SOFTWARE are as follows.

1. GRANT OF LICENSE. This EULA grants you the following rights:

a. Upon payment of the Licence Fee, NoticeWare grants Customer a limited, non-exclusive, non-transferable licence, to use the NoticeWare Software Major Release, to which the Licence Fee applies, subject to the following terms. The licence so granted is per user (and not per machine). Each individual user must have their own licence.

b. If you have not purchased a Licence for the use of the SOFTWARE, then we grant to you a non-transferable and non-exclusive licence to install and use a fully-functional, feature limited version of the SOFTWARE for evaluation purposes only.

c. Should you purchase a Licence for the SOFTWARE, you agree that this sale is final. You have evaluated the NoticeWare Corporation SOFTWARE PRODUCT you are purchasing and have found it to be suitable for your needs. If you are not yet sure of your purchase, please evaluate the SOFTWARE fully, and send any questions via email to support@noticeware.com or sales@noticeware.com before you purchase a licence. NoticeWare Corporation does not offer refunds.

2. OWNERSHIP. Except as expressly licensed to you in this Agreement, NoticeWare Corporation retains all right, title and interest in and to the SOFTWARE PRODUCT.

3. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by NoticeWare Corporation or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.

4. PRODUCT INSTALLATION AND REQUIRED ACTIVATION. There are technological measures in this SOFTWARE that are designed to prevent unlicensed or illegal use of the SOFTWARE. You agree that NoticeWare Corporation may use these measures to protect NoticeWare Corporation against software piracy. This SOFTWARE may contain enforcement technology that limits the ability to install and uninstall the SOFTWARE on a machine to not more than a finite number of times for a finite number of machines. This License and the SOFTWARE may containing enforcement technology require activation as further set forth during installation and in the Documentation. The SOFTWARE will only operate for a finite period of time prior to SOFTWARE activation by You. During activation, You will provide Your unique product key accompanying the SOFTWARE and PC configuration in the form of an alphanumeric code over the Internet to verify the authenticity of the SOFTWARE. If You do not complete the activation within the finite period of time set forth in the Documentation, or as prompted by the SOFTWARE, the SOFTWARE will cease to function until activation is complete, which will restore SOFTWARE functionality. In the event You are not able to activate the SOFTWARE over the Internet, or through any other method specified during the activation process, You may contact NoticeWare Corporation's Customer Support using the information provided by NoticeWare Corporation during activation, or as may be set forth in the Documentation.

5. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

a. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

b. Rental. You may NOT rent or lease the SOFTWARE PRODUCT.

c. You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT.

d. You may not charge for distributing copies of the "Shareware / Trialware / Evaluation versions" of the SOFTWARE PRODUCT to third parties without the written permission of NoticeWare Corporation. You may NOT distribute copies of the "registered versions" of the SOFTWARE PRODUCT to third parties.

e. You may NOT use a previous version or copy of the SOFTWARE after You have received a disk replacement set or an upgraded version. Upon upgrading the SOFTWARE, all copies of the prior version must be destroyed.

f. You may NOT use a later version of the SOFTWARE than is provided herewith unless You have purchased upgrade insurance or have otherwise separately acquired the right to use such later version.

g. Termination. Without prejudice to any other rights, NoticeWare Corporation may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.

LIMITED WARRANTY

The SOFTWARE and related manual are provided "as is.", NoticeWare Corporation makes no representations or warranties with respect to the SOFTWARE and manual and disclaims any express or implied warranties of merchantability or fitness for any particular purpose. NoticeWare Corporation reserves the right to make changes to any and all parts of the SOFTWARE at any time without notice.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTICEWARE CORPORATION AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOTICEWARE CORPORATION OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF NOTICEWARE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You acknowledge that these terms supersede all prior agreements, and are complete and exclusive. No oral or written information given by us or on our behalf shall create a warranty or collateral contract, or in any way increase the scope of this warranty in any way, and you may not rely on any such advice.

6. DISPUTES, CHOICE OF LAW.
a) If any provision in this Agreement shall be determined to be invalid, such provision shall be deemed omitted; the remainder of this Agreement shall stand.
b) This Licence shall be governed by the laws of Canada and the Province of Ontario.