Software Install End User License Agreement

Copyright © 2017, C-Cubed Inc. * All rights reserved.

END-USER LICENSE AGREEMENT FOR ALL C-CUBED SOFTWARE PRODUCTS

IMPORTANT--READ CAREFULLY: This C-Cubed End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and C-Cubed Corporation for the C-Cubed software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT 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.

1. GRANT OF LICENSE.

This EULA grants you the following rights:

a. Software Product.

C-Cubed grants to you as an individual, a personal, nonexclusive license to make and use copies of the SOFTWARE for the sole purposes of designing, developing, and testing your software product(s) that are designed to operate in conjunction with any operating system product. Except as provided in Section 2(a), you may install copies of the SOFTWARE on an unlimited number of computers provided that you are the only individual using the SOFTWARE. If you are an entity, C-Cubed grants you the right to designate one individual within your organization to have the right to use the SOFTWARE in the manner provided above.

b. Electronic Documents.

Solely with respect to electronic documents included with the SOFTWARE, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.

c. Storage/Network Use.

You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.

d. Redistributable Components.

(i) Sample Code. In addition to the rights granted in Section 1(a), C-Cubed grants you the right to use and modify the source code version of those portions of the SOFTWARE designated as "Sample Code" ("SAMPLE CODE") for the sole purposes of designing, developing, and testing your software product(s), and to reproduce and distribute the SAMPLE CODE, along with any modifications thereof, only in object code form provided that you comply with Section d(iii), below.

(ii) Redistributable Components. In addition to the rights granted in Section 1(a), C-Cubed grants you a nonexclusive, royalty-based right to reproduce and distribute the object code version of any portion of the SOFTWARE provided you comply with Section d(iii), below.

(iii) Redistribution Requirements. If you redistribute the SAMPLE CODE or REDISTRIBUTABLE SOFTWARE (collectively, "REDISTRIBUT-ABLES"), you agree to: (A) distribute the REDISTRIBUTABLES in object code only in conjunction with and as a part of a software application product developed by you that adds significant and primary functionality to the SOFTWARE and that is developed to operate on any operating system supported by the SOFTWARE ("Application"); (B) not use C-Cubed’s name, logo, or trademarks to market your software application product, unless specific permission is granted by C-Cubed; (C) include a valid copyright notice on your software product; (D) indemnify, hold harmless, and defend C-Cubed from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of your software application product; (E) not permit further distribution of the REDISTRIBUTABLES by your end user. The following exceptions apply to subsection (iii)(E), above: (1) you may permit further redistribution of the REDISTRIBUTABLES by your distributors to your end-user customers if your distributors only distribute the REDISTRIBUTABLES in conjunction with, and as part of, your Application and you and your distributors comply with all other terms of this EULA.

The license in this section to distribute the REDISTRIBUTABLES is royalty-based. Contact C-Cubed for the applicable royalties due and other licensing terms for all other uses and/or distribution of the REDISTRIBUTABLES.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

a. Limitations on Reverse Engineering, Decompilation, and Disassembly.

You are not allowed to disassemble, decompile or “unlock”, decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of the SOFTWARE PRODUCT that is provided to You in object code form only.

b. Separation of Components.

The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

c. Support Services.

C-Cubed may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the C-Cubed policies and programs described in the user manual, "online" documentation, and/or other C-Cubed-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to C-Cubed as part of the Support Services, C-Cubed may use such information for its business purposes, including for product support and development. C-Cubed will not utilize such technical information in a form that personally identifies you.

d. Software Transfer.

You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.

e. Termination.

Without prejudice to any other rights, C-Cubed 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 and all of its component parts.

3. UPGRADES.

If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by C-Cubed as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4. COPYRIGHT.

All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by C-Cubed or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

5. DUAL-MEDIA SOFTWARE.

You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.

6. U.S. GOVERNMENT RESTRICTED RIGHTS.

The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is C-Cubed Corporation / 3629 North Morning Dove/Mesa, AZ 85207.

7. EXPORT RESTRICTIONS.

You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (i) the SOFTWARE or related documentation and technical data or (ii) your software product as described in Section 1(d) of this EULA (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

MISCELLANEOUS

If you acquired this product in the United States, this EULA is governed by the laws of the State of Washington.

If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.

If this product was acquired outside the United States, then local law may apply.

Should you have any questions concerning this EULA, or if you desire to contact C-Cubed for any reason, please contact the C-Cubed subsidiary serving your country, or write: C-Cubed Sales Information Center/3629 North Morning Dove/Mesa, AZ 85207.

LIMITED WARRANTY

LIMITED WARRANTY. Except with respect to the REDISTRIBUTABLES, which are provided "as is," without warranty of any kind, C-Cubed warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by C-Cubed shall be substantially as described in applicable written materials provided to you by C-Cubed, and C-Cubed support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.

CUSTOMER REMEDIES. C-Cubed’s and its suppliers’ entire liability and your exclusive remedy shall be, at C-Cubed’s option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet C-Cubed’s Limited Warranty and that is returned to C-Cubed with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by C-Cubed are available without proof of purchase from an authorized international source.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, C-CUBED AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL C-CUBED 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 OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF C-CUBED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, C-CUBED’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR US$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A C-CUBED SUPPORT SERVICES AGREEMENT, C-CUBED’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.