HelpBox 5.0

EULA - End User License Agreement

End User License Agreement
PLEASE READ THIS CAREFULLY BEFORE YOU OPEN THE DISK PACKAGE, or if obtained

electronically, BEFORE YOU CONTINUE INSTALLATION.

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT

( "AGREEMENT" ) BEFORE OPENING THIS PACKAGE. BY OPENING THIS PACKAGE, YOU ARE

ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS.

IF YOU ARE NOT WI LLING TO ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU

SHOULD RETURN THIS PACKAGE IN UNOPENED FORM WITHIN 7 DAYS OF RECEIPT FOR A

FULL REFUND OF THE LICENSE FEE YOU PAID.

This Software (which term where appropriate shall be deemed to include all materials,

associated with the Software including, but not limited to, all documentat ion, user manuals,

t raining materials, and media) is Copyright (c) 1998 - 2003 by Layton Technology, I nc. All

rights are reserved.

1. License

Layton Technology, I nc, ( "Layton Technology" ) hereby grants to you, and you accept , a limited

nonexclusive license to use the HelpBox™ computer software program contained on the

enclosed in machine- readable, object code form only, along with the accompanying User

Manual (collectively, the "Software"), only as authorized in this License agreement.

Except for the rights specifically granted in this Agreement, Layton Technology retains all right,

t it le and interest ( including without limitat ion, copyright and other intellectual property rights)

in and to the software.

2. Use

Installation and use of the software is strictly limited to the following terms and conditions.

a) I f you paid a "Business Pack License Fee" to Layton Technology (as indicated on the Layton

Technology invoice) , the software may be used with up to 100 End Users registered within the

system.

b) If you paid a "Corporate Pack License Fee" to Layton Technology (as indicated on the Layton

Technology I nvoice) , the software may be used with up to 250 End Users registered within the

system.

c) I f you paid an "Enterprise License Fee" to Layton Technology (as indicated on the Layton

Technology I nvoice) , the software may be used with an unlimited number of End Users

registered within the system.

All of the above License are provided for a single HelpBox installation or database.

HelpBox User Guide

Appendix C – End User License Agreement

3. Restrictions

You agree that you will not modify, alter, reverse engineer, de-compile or otherwise t ranslate

the software. You agree that you will not use the software to provide service bureau or other

access and/ or use of software to third part ies. You agree that you will not display or store the

software on any web page, or transmit the software electronically via the Internet.

You agree that you will not sell, dist ribute, load, assign, sublicense, pledge, lease, rent , share

or other wise t ransfer the software (or any copy thereof) or your rights and obligat ions under

this agreement . Notwithstanding the prior sentence, you may make a one- t ime t ransfer of the

software and all of your rights and obligat ions under this agreement to another party, provided

that:

(i) you retain no copies of the software (or the original);

(ii) the other party agrees to accept the terms and conditions of this agreement;

(iii) upon such transfer, your license shall be terminated.

4. Copies

You may make a single copy of the software solely for backup and archival purposes, provided

that such a copy contains all of the original Software Copyright informat ion and other

proprietary notices.

5. Terms; Termination

This license agreement is effect ive upon your opening of this package and shall cont inue unt il

terminated. You may terminate this license agreement at any time by destroying the software

(and all copies thereof) and erasing any copies residing on computer equipment.

I n addit ion, this agreement shall be terminated automat ically if you fail to comply with any of

the terms and condit ions of this Agreement . Upon such terminat ion, you agree to dest roy the

software (and all of its copies thereof) and erase any copies residing on computer equipment.

6. Limited Warranty/Remedy

Layton Technology warrants for your benefit alone, for a period of 60 days from the date of

your receipt of the software ( the "Warranty Period" ) that ( i) the disk in which the software is

contained is free from defects in material and workmanship, and ( ii) the software will operate

substant ially in accordance with material funct ional specificat ions in the User's Manual. Layton

Technology's ent ire liability and your sole and exclusive remedy for any breach of this limited

warranty shall be, at Layton Technology's opt ion, either (a) return of the license fee you paid,

or (b) repair or replacement of the software; provided that you return the software to Layton

Technology within the warranty period along with a detailed descript ion of the problem

encountered.

The limited warranty provided in this sect ion shall be void if the problem encountered has

resulted from improper use, neglect, abuse, accident or unauthorized modification.

EXCEPT FOR THE LIMITED WARRANTY SE FORTH IN THIS SECTION, THE SOFTWARE IS

LICENSED "AS IS" AND LAYTON TECHNOLOGY DISCLAIMS ANY AND ALL OTHER WARRANTIES

WITH REGARDS TO THE SOFTWARE (WHETHER EXPRESS OR IMPLIED) , INCLUDING WITHOUT

LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABI LITY, FITNESS FOR A PARTICULAR

HelpBox User Guide

Appendix C – End User License Agreement

PURPOSE, INFRINGEMENT OR TITLE, OR ANY WARRANTY OF THE QUALITY FUNCTIONALITY,

OPERABILITY, USE OR PERFORMANCE OF THE SOFTWARE.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER TORT, CONTRACT OR

OTHERWISE) SHALL LAYTON TECHNOLOGY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR

CONSEQUENTIAL DAMAGES WHATSOEVER ( INCLUDING WITHOUT LIMITATION DAMAGES FOR

BUSINESS INTERRUPTION, COMPUTER FAI LURE OR MALFUNCTION, LOSS OF BUSINESS

PROFITS GOODWI LL OR INFORMATION, OR ANY OTHER PECUNIARY LOSS OF DAMAGE)

ARISING OUT OF OR RELATING TO THE SOFTWARE ( INCLUDING WITHOUT LIMITATION USE

OR INABI LITY TO USE THE SOFTWARE) , EVEN IF LAYTON TECHNOLOGY HAS BEEN ADVISED

OF THE POSSIBI LITY OF SUCH DAMAGES, UNDER NO CIRCUMSTANCES SHALL LAYTON

TECHNOLOGY` S CUMULATIVE LIABI LITY TO YOU EXCEED THE LICENSE FEE PAID BY YOU FOR

THE SOFTWARE.

8. Qualification

Some jurisdict ions do not allow the limited warranty and remedy provisions described in

section 6, or the limitation provisions described in section 7, so those limitations may not apply

to you. This Agreement gives you specific legal rights and you may also have different or

additional legal rights, depending on the applicable law in your jurisdiction.

9. Government

The software is provided to the U.S. government only with rest ricted and limited rights. Use,

duplications, or disclosure by the Government is subject to restrictions set forth in FAR sections

52-227-14 and 52-227-19 or DFARS Section 52.227- 7013 (c)(l)(ii), as applicable. Manufacturer

is Layton Technology Inc, 8875 Hidden River Parkway, Suite 300, Tampa, FL 33637

10. Governing Law

This agreement and any dispute or cont roversy arising out of or relat ing thereto shall in all

respects be governed by and construed in the accordance with the laws of the State of Florida,

excluding its conflicts of laws principles.