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IMPORTANT

Please read this license carefully before using our software or any software used in conjunction with our software, whether that software is an Internet based application, network application or a stand alone application.

i-Ware CD Technologies, LLP's License Agreement
This is a legal agreement between you, the end user, and i-Ware CD Technologies, LLP. By using our software, whether it is an Internet application, network application or a stand alone application, you are agreeing to be bound by the terms and conditions of this license agreement which includes the software license and disclaimer of warranty. If you do not agree to the terms of this agreement, promptly return the software package and the accompanying items (including written materials, binders, or other container and hardware if any that are part of this product) to the place you obtained them if possible and/or do not use.

Please note that use or distribution of our software with a Microsoft operating system may require additional licenses from Microsoft. i-Ware CD Technologies, LLP accepts no responsibility or liability for your failure to obtain such licenses, if required.

Grant of License: In consideration of use and/or payment of the Licensee fee, which is a portion of the price you paid if payment was required, i-Ware CD Technologies, LLP, as Licensor, grants to you, the Licensee, a non-exclusive, non-assignable and non-transferable license to use i-Ware CD Technologies, LLP software programs (hereinafter "SOFTWARE") All SOFTWARE covered by this license, whether an Internet based application, network application or a stand alone application, regardless of the medium on which it is distributed or accessed, are licensed to you by i-Ware CD Technologies, LLP for the sole purposes of promotion and entertainment. All rights not expressly granted to Licensee are reserved to i-Ware CD Technologies, LLP. i-Ware CD Technologies, LLP reserves the right to prevent the utilization of any data and/or material utilized in the SOFTWARE that it considers unacceptable.

Software Ownership: As a Licensee you may or may not own the medium on which the SOFTWARE or data is recorded or fixed, regardless of the medium ownership, i-Ware CD Technologies, LLP (hereinafter "SSDM") shall retain full and complete title to the SOFTWARE and related documents as well as all subsequent copies of the SOFTWARE, regardless of the medium or form on or in which the original SOFTWARE or copies may exist. This License is not a sale of the original SOFTWARE. You may: a) use the software from a personal computer; b) use the software solely for the purpose it was intended. SSDM retains the right to use the Licensee's SOFTWARE to promote the sales effort of SSDM.

Restrictions: The SOFTWARE contains copyrighted and/or patented material, trade secrets and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not: a) decompile, reverse engineer, disassemble or otherwise reduce the SOFTWARE to a human-perceivable form; b) merge or include the SOFTWARE with other forms of data and/or material; c) modify, adapt, translate, network, rent, lease, loan, distribute or create derivative works based upon the SOFTWARE or its accompanying printed or written materials, in whole or in part; or d) electronically transmit the SOFTWARE or related documentation from one computer to another or over a network or otherwise transfer the SOFTWARE or its accompanying printed or written materials. The data obtained from the SOFTWARE is i-Ware CD Technologies, LLP's and is not to be distributed or broadcast in any way, shape or form other than for its intended purpose. Licensee may physically distribute the SOFTWARE in it's original format, on the original medium and packaging in which it was purchased from SSDM but may not do so with copies of the SOFTWARE or its accompanying printed or written materials, in full or in part. Licensee may be held liable for copyright infringement which results from unauthorized copying or distribution. Licensee, under no circumstances, may use the SOFTWARE to distribute, install or utilize offensive, obscene or malicious material such as, but not limited to, viruses, data mining software and techniques, pop-up adds, ad ware, spy ware or third party products that would preform any similar functions. SSDM retains the sole right to establish whether the content provided by the Licensee falls within the guidelines of unacceptable content as well as the right to prevent the Licensee's medium from being able to impose said content on the public in any manner.

Termination: This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying the SOFTWARE, related documentation and all copies thereof and discontinuing use of the SOFTWARE. This Agreement will terminate immediately without notice from SSDM if you fail to comply with any provision of this Agreement. Upon termination you must destroy the SOFTWARE, related documentation and all copies thereof and discontinue use. Termination of this Agreement does not constitute grounds for reimbursement or a refund of any kind whether the termination is invoked by SSDM or the Licensee.

Government End Users: If you are acquiring the SOFTWARE on behalf of any unit or agency of the United States government, the following provisions apply. The government agrees the SOFTWARE and documentation were developed at private expense and are provided with "restricted rights". Use, duplication, or disclosure by the government is subject to restrictions as set forth in far 52.227-14, dfar 252.227-7013, its successors or applicable agency rights in technical data or computer software. In the event that this Agreement, or any part thereof, is deemed inconsistent with the minimum rights identified in the restricted rights provisions, the minimum rights shall prevail.

No Other License: No rights or licenses are granted by SSDM under this Agreement, expressly or by implication, with respect to any proprietary information or patent, copyright, trade secret or other intellectual property right owned or controlled by SSDM, except as expressly provided in this Agreement.

Limited Warranty and Disclaimer
Limited Warranty: SSDM warrants that the medium on which the SOFTWARE is furnished to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase. Your receipt shall be evidence of the date of purchase. You expressly acknowledge and agree that use of the SOFTWARE is at your sole risk. The SOFTWARE and related documentation are provided "as is" and without warranty of any kind and SSDM expressly disclaims all warranties, expressed and implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. SSDM does not warrant that the functions contained in the SOFTWARE will meet your requirements, or that the operation of the SOFTWARE will be uninterrupted or error-free, or that defects in the SOFTWARE will be corrected. The entire risk as to the results and performance of the SOFTWARE is assumed by you. Furthermore, SSDM does not warrant or make any representations regarding the use or the results of the use of the SOFTWARE or related documentation in terms of their correctness, accuracy, reliability, currentness, or otherwise. No oral or written information or advice given by SSDM or SSDM's duly authorized representatives shall create a warranty or in any way increase the scope of this warranty. Should the SOFTWARE prove defective, you (and not SSDM or SSDM's authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Any implied warranties imposed upon SSDM are limited to ninety (90) days from the date of purchase. Some jurisdictions do not allow limitations on durations of an implied warranty, so the above limitations may not apply to you.

Integrated Technologies: Some integrated technologies, such as the wireless communication notification, are controled by service providers. Licensee understands the ability to provide any form of guaranty or warranty concerning the functionality or reliability of these services would be imposable due the nature of these integrated services features. Even though, SSDM will make all reasonable efforts to work with your service providers to provide as reliable of a service as posable concerning these integrated technologies.

Updates and Changes: SSDM reserves the right to change any and all aspects of this Agreement without notice. You agree to be bound by such modifications, alterations or updates. You agree to review this Agreement on a periodic basis located at our web site, http://www.iwarecd.com under Terms Of Use.

Remedies: SSDM's entire liability and your exclusive remedy shall be at SSDM's option either a) return of the purchase price; b) replacement of the medium that does not meet the Limited Warranty and which is returned to SSDM with a copy of your receipt; or c) correct the issue with the medium by providing an alternative solution. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, modification, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

Limitation of Liability: All images, documents, files and drawings as well as any other form of data that is provided to SSDM for the purpose of the development or use of or in a product should only be copies of your masters and will not be considered to be critical resources. If any of this data becomes irretrievable, SSDM is not held responsible for the loss of that data. Under no circumstances including negligence, shall SSDM, or its directors, officers, employees, authorized representatives or agents, be liable to you for any incidental, indirect, special or consequential damages (including damages for loss of business profits, business interruption, loss of business information, loss of data, and the like) arising out of the use, misuse or inability to use the SOFTWARE or related documentation, breach or default, including those arising from infringement or alleged infringement of any patent, trademark, copyright or other intellectual property right, by SSDM, even if SSDM or SSDM's authorized representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. SSDM will not be liable for: a) loss of, or damage to, your records or data; or b) any damages claimed by you or based on any third party claim. In no event shall SSDM's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the product or service. You agree to indemnify SSDM for any and all claims, damages, losses, and causes of action arising out of your publication or transmittal of Non-acceptable material or your failure to comply with this Agreement. SSDM does not and cannot review all the data defined in the SOFTWARE by Licensees. SSDM is not responsible for the content defined within the SOFTWARE and SSDM reserves the right to delete, move, or edit data that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

Non-Solicitation, Non-Competition: You agree not to market and/or sell similar competing technologies or services for, or on behalf of, any other company engaged in the production and/or marketing of similar technologies and/or services nor to engage in any business substantially similar to that of SSDM. You agree to remain responsible for any resulting damages from such prohibited action.

Controlling Law and Severability: This license shall be governed by and construed under the laws of the state of Texas, without reference to its conflict of law principles. In the event of any conflicts between non Texas law, rules, and regulations, and Texas law, rules, and regulations, Texas law, rules and regulations shall prevail and govern. The United Nations convention on contracts for the international sale of goods shall not apply to this license. If for any reason a court of competent jurisdiction finds any provision of this license or portion thereof, to be unenforceable, that provision of the license shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this license shall continue in full force and effect.

Complete Agreement: This license constitutes the entire agreement between the parties with respect to the use of the SOFTWARE and the related documentation, and supersedes all other prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this license will be binding unless in writing or posted and/or signed by a duly authorized representative of SSDM.

Governing Law: This Agreement and Limited Warranty shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such State. Any action you bring to enforce this Agreement or any matters related to the SOFTWARE shall be brought in either the State or Federal Courts located in Montgomery County, Texas.
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