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Terms and Conditions

END-USER LICENSE AGREEMENT FOR XactRate™ HEATLOAD PRO.

Software is XactRate™ Proprietary Software IMPORTANT! YOU ARE REQUIRED TO ACCEPT THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSING AGREEMENT BEFORE CONTINUING WITH THIS PROGRAM INSTALLATION ON A COMPUTER, iPAD, or ANDROID TYPE DEVICE. THERE IS NO WARRANTY FOR THIS BUSINESS MANAGEMENT SOFTWARE SYSTEM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. The XactRate, LLC™ End-User License Agreement (“EULA”) is a legal agreement between you (either an individual, corporation or a single entity) and XactRate, LLC™ for the evaluation of XactRate™ software designed for iOS and Android operating systems herein after referred to as (XactRate™ Proprietary Software).

Copyright and patent pending product (s) identified above which may include associated software components, media, printed materials, and “online” or electronic documentation (“XactRate™ Proprietary Software “). By installing, copying, or otherwise using the XactRate™ Proprietary Software, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the Computer Software between you and XactRate, LLC™ and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the XactRate™ Proprietary Software.

The XactRate™ Proprietary Software is protected by United States Copyright Laws and international copyright treaties, as well as other intellectual property laws and treaties. XactRate™ SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE.

The XactRate™ SOFTWARE PRODUCT is licensed as follows:

(a) Installation and Use.

XactRate, LLC™ grants you the right to install and use copies of the XactRate™ Proprietary Software on a single PC or Tablet computer running a validly licensed copy of the operating system for which the XactRate™ is designed for iOS and Android operating systems herein after referred to as (XactRate™ Proprietary Software).

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Maintenance of Copyright Notices.

You must not remove or alter any copyright notices on any and all copies of the XactRate™ SOFTWARE PRODUCT. Doing so shall void any and all licensing agreement between the user and XactRate LLC™.

(b) Distribution.

Neither you, nor anyone else privy to the XactRate™ Proprietary Software shall copy or distribute registered copies of XactRate™ Proprietary Software to any third party. Evaluation versions of the software XactRate™ Proprietary Software are available for evaluation from XactRate™, LLC™ websites which have a limited time for evaluation usage.

(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.

You may not reverse engineer, decompile, or disassemble the XactRate™ Proprietary Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(d) Rental.

You may not rent, lease, or lend the XactRate™ Proprietary Software.

(e) Support Services.

XactRate, LLC™ may provide you with support services related to the XactRate™ Proprietary Software (“Support Services”). Any supplemental software code provided to you as part of the Support Services shall be considered part of the software XactRate™ Proprietary Software and subject to the terms and conditions of this EULA.

(f) Compliance with Applicable Laws.

You must comply with all applicable United States Copyright laws, as well as other intellectual property laws and treaties, regarding use of the XactRate™ Proprietary Software.

3. TERMINATION

Without prejudice to any other rights, XactRate, LLC™ 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 XactRate™ Proprietary Software in your possession.

4. COPYRIGHT

All title, including but not limited to United States Patents, Copyrights and Trademarks, in and to the software XactRate™ Proprietary Software and any copies thereof are owned by XactRate™, LLC™. All title and intellectual property rights in and to the content which may be accessed through use of the XactRate™ Proprietary Software is the property of XactRate™, LLC™ and may be protected by applicable United States Patent, Copyright, Trademark or other intellectual property laws and treaties. This EULA grants you, the user, with no rights, other than to use such content in accordance with this EULA. All rights not expressly granted are reserved by XactRate™, LLC™.

5. NO WARRANTIES

XactRate™, LLC™ expressly disclaims any warranty for the XactRate™ Proprietary Software. The XactRate™ Proprietary Software is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non infringement, or fitness of a particular purpose. XactRate™, LLC™ does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the software XactRate™ Proprietary Software. XactRate™, LLC™ makes no warranties with respect to any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. XactRate™, LLC™ further expressly disclaims any warranty or representation to Authorized Users or to any third party.

6. LIMITATION OF LIABILITY

In no event shall XactRate™, LLC be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising out of ‘Authorized Users’ use of or inability to use the XactRate™ Proprietary Software, even if XactRate™, LLC has been advised of the possibility of such damages. In no event shall XactRate™, LLC be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. XactRate™, LLC shall have no liability with respect to the content of XactRate™ Proprietary Software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, and loss of privacy, moral rights or the disclosure of confidential information.

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