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Avensoft nService Software License Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER (EITHER AN INDIVIDUAL OR AN ENTITY), AND AVENSOFT, INC. CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO DOWNLOADING, INSTALLING AND/OR USING AVENSOFT’S SOFTWARE. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. IF USER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

1. LICENSE. Subject to the terms and conditions of this Agreement, Avensoft grants to You a non-exclusive, non-transferable license (the “License”) to use the version of nService software (the “Software”) accompanying this Agreement. You may not share or transfer any license key for the Software.

2. SOFTWRAE MODIFICATION. You may alter, modify, or extend the web pages, i.e. the .aspx files, except the copyright page. You agree not to alter or remove the "Powered by nService" link or the copyright page. You may alter, modify, or extend the database schema. You agree not to disassemble, decompile or otherwise reverse engineer the Software in order to discover the source code or related proprietary information and trade secrets, or have a third party do so, except to the extent expressly permitted by applicable law notwithstanding this limitation.

3. INTELLECTUAL PROPERTY. All title, ownership rights, and intellectual property rights in and to the Software shall remain in Avensoft and/or its suppliers. The Software is protected by copyright law. All copies of the Software, including any backup and archival copies, must bear the copyright and any other proprietary rights legend placed on the original by Avensoft. THE SOFTWARE IS LICENSED, NOT SOLD.

4. WARRANTY. AVENSOFT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

5. LIABILITY. AVENSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INDIRECT DAMAGES OF ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE (INCLUDING ANY LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY), EVEN IF AVENSOFT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY CLAIM BY ANY OTHER PARTY.

6. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct lift support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). Avensoft specifically disclaims any express or implied warranty of fitness for High Risk Activities.

7. TERMINATION. You may terminate this License (but not this License Agreement) at any time by destroying or erasing all copies of the Software received or made by you and so advising Avensoft. This License shall also terminate automatically in the event that You breach this Agreement. Upon termination of this License for any reason, You agree to destroy or erase all copies of the Software received or made by you. In the event of termination, this Agreement will survive. This License is personal to You and You agree not to attempt to assign Your License or this Agreement without Avensoft's prior written consent. Any attempted assignment shall be null and void.

8. MISCELLANEOUS. This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods, or any successor thereto, shall not apply to this Agreement. This Agreement sets forth the entire agreement between You and Avensoft. This Agreement may be amended only in a writing signed by both parties. No vendor, distributor, dealer, retailer, sales person or other person is authorized to modify this Agreement or to make any warranty, representation or promise which is different than, or in addition to, the representations or promises of this Agreement.

Copyright (c) 2014 Avensoft, Inc. All rights reserved.