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Unitek Information Systems

Quick Activity for CRM 4.0 LIMITED USE SOFTWARE LICENSE AGREEMENT

This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and Unitek Information Systems.  By downloading the application Quick Activity for CRM 4.0 you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly destroy the Software you may have downloaded. You the user, at all time hold the rights to your data collected in or loaded into your application (internet or intranet)

Unitek Information Systems SOFTWARE LICENSE

You have no ownership or proprietary rights in or to the Quick Activity for CRM 4.0 Software, or the Trademark. For purposes of this section, "use" means possibly loading the Software into RAM, as well as installation on a hard disk or other storage device, or connection via the WWW. The Software, together with any archive copy thereof, shall be destroyed when no longer used in accordance with this Agreement, or when the right to use the Software is terminated. You agree that the Software will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing such matters) and that you will not utilize, in any other manner, the Software in violation of any applicable law.

Permitted Uses. For your internet/intranet database management purposes only, you, the end-user. Use right you shall not obtain any ownership, copyright, proprietary or other interest in or to the Source Code, or any portion of the Source Code. You may dispose of your own software in your sole discretion. With the exception of the this Use right, you may not otherwise use the Software, or an portion of the Software, which includes the Source Code, for commercial gain.

Prohibited Uses: Under no circumstances shall you, the end-user, be permitted, allowed or authorized to commercially exploit the Software. Neither you nor anyone at your direction shall do any of the following acts with regard to the Software, or any portion thereof:

Rent;

Sell;

Lease;

Copy or show source code to other development companies

Offer on a pay-per-play basis;

Distribute for money or any other consideration; or

In any other manner and through any medium whatsoever commercially exploit or use for any commercial purpose.

Copyright. The Software and all copyrights related thereto (including all characters and other images/results generated by the Software or depicted in the Software) are owned by Unitek Information Systems and is protected by United States copyright laws and international treaty provisions. Unitek Information Systems shall retain exclusive ownership and copyright in and to the Software and all portions of the Software and you shall have no ownership or other proprietary interest in such materials. You must treat the Software like any other copyrighted material. You may not otherwise reproduce, copy or disclose to others, in whole or in any part, the Software. You may not copy the written materials accompanying the Software. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement.

NO WARRANTIES. Unitek Information Systems DISCLAIMS ALL WARRANTIES, BOTH EXPRESS IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. UNITEK INFORMATION SYSTEMS DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET YOUR SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF UNITEK INFORMATION SYSTEMS ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF UNITEK INFORMATION SYSTEMS.

Exclusive Remedies. The Software use is being offered to you free of any use Charge, while developed and hosted at UNITEK INFORMATION SYSTEMS. You agree that you have no remedy against UNITEK INFORMATION SYSTEMS, its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action, whether in contract, tort, including negligence, strict liability or otherwise, with regard to the Software. This Agreement shall be construed in accordance with and governed by the laws of the State of NY. Copyright and other proprietary matters will be governed by United States laws and international treaties. IN ANY CASE, UNITEK INFORMATION SYSTEMS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR AMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF UNITEK INFORMATION SYSTEMS OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned, sublicensed or otherwise transferred by you. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If you fail to comply with any terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED and you agree to the issuance of an injunction against you in favor of UNITEK INFORMATION SYSTEMS. You agree that UNITEK INFORMATION SYSTEMS shall not have to post bond or other security to obtain an injunction against you to prohibit you from violating UNITEK INFORMATION SYSTEMS's rights.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE DOWNLOADING OF THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN UNITEK INFORMATION SYSTEMS AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN UNITEK INFORMATION SYSTEMS AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT

I accept the terms and conditions of publisher's End User License Agreement.

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