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XPPort License Agreement (EULA)

From Ramplan

This is a legal agreement ("Agreement") between you, the user ("Licensee"), and Ramplan ("Licensor"). By opening, installing and/or using the Software, as defined herein, you agree to be bound by the terms of this Agreement.

"Software" shall mean the group of information processing programs and files known as XPPort(TM), all versions.

License. Subject to the terms and conditions of this Agreement and in accordance with the version acquired by Licensee (see below), Licensor grants to Licensee, a non-exclusive license to install, use and execute the Software, for Licensee's internal use only. The License granted to Licensee hereunder shall be a license to use the machine-readable object code only, excluding any source code.

Trial Version. Licensee may install and use the Software on a single computer for a period of thirty (30) days.

Registered User Version. Upon registering with Licensor and paying a Registered User license fee, as set by Licensor (see www.ramplan.com/xpport), Licensee may install and use the Software on a single computer indefinitely.

Organizational Version. Upon registering with Licensor and paying an Organizational license fee, as set by Licensor (see www.ramplan.com/xpport), Licensee may install and use the Software on multiple computers in accordance with its purchase.

Demonstration Version. Demonstration licenses for use with books, periodicals and/or articles are available at no cost. Some restrictions apply. Email the request to: [email protected]

Ownership: Copies. All right, title and interest in and to the Software, documentation, enhancements or updates developed by Licensor and furnished to Licensee and the media on which the same are furnished to Licensee, and all copyrights, patents, trademarks, service marks or other intellectual property or proprietary rights relating thereto, are and shall remain with Licensor. Licensee acknowledges that no such right, title or interest in these items is granted under this Agreement, and that no such assertion shall be made by Licensee. Licensee is granted only a limited right of use as set forth herein, which right of use is subject to termination in accordance with this Agreement. Licensee is prohibited from copying, reproducing, distributing, transferring possession of, or otherwise making available the Software, documentation, enhancements or updates to any person. Licensee shall advise all users that they are prohibited from copying, reproducing, distributing, transferring possession of or otherwise making available copies of the Software, documentation, enhancements or updates and from using or installing the Software, enhancements or updates on any computer at any location not covered by this Agreement.

Confidentiality. Confidential Information shall include the Software and updates, including all source and object code and documentation related to such Software. Licensee agrees to maintain the confidentiality of the Confidential Information and to protect as a trade secret any portion of the Confidential Information by preventing any unauthorized copying, use, distribution, installation or transfer of possession of such information. Without limiting the generality of the foregoing, Licensee shall not permit the removal of any proprietary or other legend or restrictive notice contained or included in any material provided by Licensor. Licensee shall not attempt to decompile or disassemble the object code of the Software and Licensee agrees to use its best efforts to prevent decompilation and disassembly of the object code of the Software by any users.

Warranties. Licensor represents that it is the lawful owner or licensee of the Software and has the full right and authority to grant the licenses hereunder.

Licensor warrants that the Software will perform substantially in accordance with the specifications set forth in the documentation for a period of ninety (90) days from the earlier of its installation or purchase by Licensee.

Licensor does not warrant that the functions contained in the Software or in any update will meet the requirements of Licensee or that the operation of the Software or update will be uninterrupted or error-free. The warranties set forth in this Section do not cover any copy of the Software, update or any documentation which has been altered or changed in any way by the Licensee. Licensor is not responsible for problems caused by changes in, or modifications to, the operating characteristics of any computer hardware or operating system for which the Software or any update is procured nor is Licensor responsible for problems which occur as a result of the use of the Software in conjunction with software of third parties or with hardware which is incompatible with the operating system for which the Software is being procured.

ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED AND EXCLUDED. The warranties contained in this section are made in lieu of all other express or implied warranties, whether oral or written.

Limitation of Remedies. Licensor's entire liability and Licensee's exclusive remedy for breach of Licensor's warranty obligations, or otherwise, under this Agreement shall be the refund of the purchase price paid by Licensee for the license of the Software.

LICENSOR DISCLAIMS ANY AND ALL LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) ARISING OUT OF THIS AGREEMENT OR WITH RESPECT TO THE INSTALLATION, USE, OPERATION OR SUPPORT OF THE SOFTWARE OR ANY UPDATE OF THE SOFTWARE, EVEN IF LICENSOR HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES.

Updates. Licensor may provide, but is not obligated to provide, updates to, corrections to and modifications of the Software, all of which shall be governed by this Agreement.

Term, Default and Termination. This Agreement shall continue until terminated by either party as provided herein. In the event Licensee defaults under a material obligation, Licensor may, at its option, terminate this Agreement and revoke the license granted herein. Upon termination of this Agreement, the license granted under this Agreement to use the Software is immediately revoked and Licensee shall destroy all copies of the Software and, if requested by Licensor, certify in writing that such materials have been destroyed. Termination of the license shall be in addition to, and not in lieu of, any other remedies available to Licensor. TERMINATION SHALL NOT RELIEVE LICENSEE OF HIS OBLIGATIONS REGARDING THE CONFIDENTIALITY OF CONFIDENTIAL INFORMATION.

Miscellaneous. This Agreement is the exclusive agreement between Licensor and Licensee regarding the subject matter hereof and supersedes any purchase order, invoice, advertising or representation regarding the Software. This Agreement may not be modified or altered except by written instrument duly executed by both parties. This Agreement and performance under this Agreement shall be governed by the laws of the State of South Carolina. No action, regardless of form, arising out of this Agreement may be brought by either party more than one year after the cause of action has arisen. If any provision of this Agreement is invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible. Licensee may not assign this Agreement to any person or entity. The waiver or failure of Licensor to exercise in any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement. Licensee agrees to comply with all export and re-export restrictions and regulations imposed by the government of the United States. Any claim between the parties, under this Agreement or otherwise shall be determined by arbitration in Greenville, South Carolina under the American Arbitration Association (AAA) commercial Arbitration Rules Any award shall be subject to the limitations of warranties and remedies set forth in Sections 4 and 5.

©2004-2011 Ramplan
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