WindowSMART 2013 3.1.9.15

EULA - End User License Agreement

END USER LICENSE AGREEMENT
Software License Agreement for
WindowSMART 2013

This software is owned by Dojo North Software, LLC, and is protected under United States Federal copyright laws, international copyright treaties and other intellectual property laws. This software is licensed, not sold. This software is provided under the following license which defines what you may do with the software and contains usage restrictions and limitations on warranties and/or remedies. This agreement applies to all builds of the software, including but not limited to production, alpha, beta, release candidate and internal builds.

IMPORTANT - read the terms and conditions of this end user license agreement (the "Agreement") carefully before downloading, installing or otherwise using the Dojo North Software, LLC application "WindowSMART 2013" (the "Software"). By downloading, installing, using or otherwise accessing the Software, you acknowledge that you have read this Agreement, that you understand it, that you agree to be bound by its terms and conditions and that you are at least 18 years of age. If you do not agree to the terms and conditions of this Agreement, promptly exit this page without downloading, installing and/or using the Software. This agreement applies equally to all releases of the Software, including but not limited to production, alpha, beta, release candidate and internal builds.

LICENSE: Subject to the terms and limitations set forth herein, Dojo North Software, LLC ("we" or "us") grants you a limited, non-exclusive license to use the Software in accordance with the terms of this Agreement. All rights not expressly stated herein are reserved by Dojo North Software, LLC, and Dojo North Software, LLC disclaims any and all implied licenses. The copyright and all other rights to the Software will remain with us. You must reproduce any copyright or other notice marked on the Software on all copies you make.

USAGE: In accordance with this Agreement:

YOU MAY:
a) In a home, home office or SOHO environment, install and use one copy of the Software on each computer in your home provided it is running a legally-licensed installation of any of the following:
a. Windows XP
b. Windows Server 2003
c. Windows Vista
d. Windows Server 2008
e. Windows 7
f. Windows Server 2008 R2
g. Windows 8
h. Windows Server 2012
i. Any Microsoft-provided variant of the above, including specialized and embedded editions
b) In a business, educational, non-profit and/or government environment, install and use one copy of the Software on each computer for which you are the custodian (i.e. owner, end-user or system/network administrator) provided all three of the following are true:
a. You are authorized by your place of business, institution, non-profit or government (i.e. owner, employer, system administrator or any other person or entity with authority to grant you permission) to install software on the computer.
b. You have obtained sufficient license(s) to the Software.
c. The computer is running a legally-licensed installation of any of the following:
i. Windows XP
ii. Windows Server 2003
iii. Windows Vista
iv. Windows Server 2008
v. Windows 7
vi. Windows Server 2008 R2
vii. Windows 8
viii. Windows Server 2012
ix. Any Microsoft-provided variant of the above, including specialized and embedded editions
c) Make copies of the Software as appropriate solely for the purpose of backup or archival.

YOU MUST NOT:
a) Make copies of the Software except for backup and archival purposes;
b) Reverse engineer, decompile or disassemble the Software or attempt to discover the source code;
c) Modify, or create derivative works based upon, the Software in whole or in part without the express written consent of Dojo North Software, LLC;
d) Remove or alter any copyright, trademark or other proprietary rights notices contained in the Software or any other Dojo North Software, LLC content;
e) Rent, lease, loan, sub-license, distribute, assign or transfer the Software;
f) Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
g) Use the Software for any unauthorized purpose or in violation of any applicable laws or regulations;
h) Use the Software on non-genuine installations (i.e. illegal, counterfeit or pirated) of Microsoft Windows;
i) Modify the Software or merge all or any part of the Software with another program.

TERM: This License will continue for as long as you use the Software. However, this License will terminate automatically without notice from Dojo North Software, LLC if you fail to comply with any of its terms or conditions. Upon termination you must immediately cease using the Software and remove the Software from your computer. The Limitations of Warranties and Liability set out below will continue in force even after any termination.

LIMITATION OF WARRANTIES AND LIABILITY: The Software is provided on an "as is" basis, without any warranties or conditions, express or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose, or any warranty arising by law, statute, usage of trade, or course of dealing. You assume all responsibility and risk for the use of the Software, and Dojo North Software, LLC disclaims all liability for any loss, injury or damage resulting from use of the Software, whether direct or indirect, and whether or not Dojo North Software, LLC has been advised of or has knowledge of the possibility of such loss, injury or damage. In no event will Dojo North Software, LLC have any liability to you or any other person or entity for any compensatory, indirect, incidental, special, consequential or exemplary damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss, even if we have been advised of the possibility of such damages, or they are foreseeable. We are also not responsible for claims by a third party. Dojo North Software, LLC's total aggregate liability with respect to its obligations under this agreement or otherwise with respect to the Software or the Software will not exceed $1.00. The limitations in this section will apply whether or not the alleged breach or default is a breach of a fundamental condition or term or a fundamental breach. Some states do not allow the exclusion of incidental or consequential damages or the limitation of duration of an implied warranty so the above limitations may not apply to you.

RESTRICTED RIGHTS: If this Software is acquired by or for the U.S. Government, then it is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. 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 252.227-7018, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable. The contractor/manufacturer is Dojo North Software, LLC, 49434 Tarrytown Court, Shelby Township, Michigan 48315.

EXPORT CONTROLS: You agree not to export or re-export the Software to any country in violation of the export control laws of the United States of America.

GENERAL: This Agreement is the entire agreement between us with respect to the subject matter hereof, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This Agreement will be governed by and construed in accordance with the laws of the State of Michigan, United States of America. If any provision of this License is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision will be severed from the Agreement and the other provisions will remain in full force and effect.

EAR: The Software may contain information that is subject to the Export Administration Regulations ("EAR") issued by the United States Department of Commerce (15 C.F.R., Chapter VII Subchapter C) and that may not be exported, released or disclosed to certain destinations and foreign nationals except in compliance with U.S. law. The preceding statement is required to be included on any and all reproductions in whole or in part of the Software.

INDEMNIFICATION: You agree to indemnify and hold harmless Dojo North Software, LLC, and its subsidiaries, affiliates, officers, agents, and employees, advertisers, licensors, and partners, from and against any third party claim arising from or in any way related to your use of the Software, violation of this Agreement or any other actions connected with use of any content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

INTELLECTUAL PROPERTY: You acknowledge that Dojo North Software, LLC owns all right, title and interest, including without limitation all intellectual property rights; in and to the Software and that you will not acquire any right, title or interest in or to the Software, except the limited license expressly set forth in this Agreement.