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WolfeTech Development Corporation II User License Agreement This User License Agreement (.Agreement.) is a limited license to use the application ("Application") known as WolfeTech Collaboration Manager as well as supporting applications and services. This Application is the sole property of WolfeTech Development Corporation II, a California corporation whose mailing address is 112 Harvard Avenue, #296, Claremont, California, 91711, and its licensors (collectively "WolfeTech"). Additionally, this Application is protected by copyright law. While WolfeTech continues to own the Application, you will have certain rights to use the Application after your acceptance of this license in full. Your rights and obligations with respect to the use of this Application are as follows: By using the WolfeTech Application and/or the accompanying services you agree to be bound by all the terms of this license agreement. All further distribution of the Application must include this legal notice. If you do not agree with the terms of this legal notice, then you must not use the Application, you must destroy any copies of the Application that you may have in your possession, and you must notify WolfeTech in writing to that effect immediately. You the recipient are hereby given permission to use the Application on an as-is basis. Note that you are solely responsible for any costs incurred by you relating to the use of the Application, such as for the costs charged by your wireless network provider to transmit data and information related to the use of the Application. Please note that all data processed by the Application is the customer's property, and WolfeTech is not responsible for any incorrect data. You agree to be solely responsible for your own decisions, acts, and actions that may be undertaken or influenced as a result of the use of the Application. You further agree that you will indemnify and hold harmless WolfeTech, its licensees, and licensors from any claims based upon the Application or the use of this Application, or any other aspect of the Application. WolfeTech will indemnify and hold you harmless from any claims, suits or damages, including reasonable attorney fees, if you are called upon to defend any patent, trade secret or copyright infringement claim brought against you solely through your use of the Application as covered by this Agreement. WolfeTech reserves the right to terminate your access to and ability to use any of the Application at any time for any reason whatsoever, or for no reason. You agree not to use the Application for any illegal purposes. You the recipient also agree to not further distribute or allow to be distributed this Application to any other third parties unless: 1) they have reviewed and agreed to a copy of this Agreement and agree to all of the terms and conditions contained within this Agreement; and 2) WolfeTech does not object to the distribution to that third party of the WolfeTech Application and/or services. You may NOT reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Application, or create derivative works from the Software. You may NOT attempt to duplicate the Application or any aspect of them. Also, you may NOT allow any other party to do any of the above. If you see any evidence of this happening, you are required under this license to notify WolfeTech immediately by mail and via phone, by calling WolfeTech's main offices at 1-(800)-WOLFETECH. Use of the Application may be terminated at any time by customer by notifying WolfeTech Client Services at 1-(800)-WOLFETECH or info@wolfetech.com and obtaining a WolfeTech Application Cancellation Code (.Cancellation Code.). The customer agrees that a valid Cancellation Code shall be the sole proof of termination of services with regard to any past, present, or future billing or legal disputes. In the event of a billing dispute, you agree to contact WolfeTech within sixty (60) days of the end of first billing cycle in question. WolfeTech shall not provide refunds for billing cycles more than sixty (60) days old without proper notification. Termination of service of any reasons other than breach by WolfeTech of the terms of its Service Level Agreement shall in no way relieve you of your full financial responsibilities to WolfeTech under the terms of your contract for WolfeTech services. WolfeTech may alter this Agreement effective on the commencement of a renewal term, provided WolfeTech has notified you in writing of such change at least thirty (30) days prior to the commencement of such renewal term. WolfeTech may require written confirmation of customers. identity, up to and including signature, at any time for purposes of this Agreement and/or billing. It is the customers. sole obligation to provide WolfeTech with current and accurate information. No Warranties: In no event shall WolfeTech be liable to you for any damages, including any special, consequential, indirect, or other damages including any lost profits or lost data arising out of the use or inability to use the Application and/or services even if WolfeTech has been advised of the possibility of such damages. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you. In no case shall WolfeTech's total liabilities exceed the sum paid to WolfeTech by you for the use of this Application. WolfeTech represents and warrants that neither the Application nor any update or revision thereof will include any virus or mechanism that is designed to delete, disable, interfere with or otherwise harm the Application (or your hardware, data or other software), make it inaccessible to you once the Application have been installed, or that is intended to provide access to or produce modifications not authorized by you. WOLFETECH MAKES NO EXPRESS OR IMPLIED WARRANTIES TO YOU, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF MERCHANTABILITY. Disputes, including refunds of subscription fees and credits loss of service, shall be subject to WolfeTech.s Service Level Agreement, covered under a separate document. WolfeTech Client Services must be notified of disputable instances within thirty (30) days of the occurrence of the instance for instance to qualify for potential refund or credit. The Application and/or services provided to you through this Application may be copyrighted by WolfeTech and/or its licensors. All rights are reserved by WolfeTech. Additional information may be found on WolfeTech's web site, at http://www.wolfetech.com, or by contacting WolfeTech at the address below. This license shall be governed by the laws of the State of California. This license may only be modified by a license addendum which accompanies this license or by a subsequent written document which has been sighed by an authorized representative of WolfeTech. WolfeTech shall NOT by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party of any of the provisions of this license. Further, the waiver by WolfeTech of a particular breach of this license by you shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this license. Note that by using the WolfeTech Application and/or services, you have carefully read, and fully agreed to all of the terms and conditions contained in this license agreement. IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT IN FULL, DO NOT USE THE WOLFETECH APPLICATION NOR ALLOW OTHERS TO USE THEM UNLESS THEY DO AGREE TO THIS AGREEMENT IN FULL. Please feel free to contact WolfeTech directly for any reason pertaining to this license agreement or the use of the Application. Thank You. WolfeTech Development Corporation II Attn: Contract License Agreements 112 Harvard Avenue, #296 Claremont, California, 91711 USA info@wolfetech.com http://www.wolfetech.com Phone: (909) 931-7040 Fax: (909) 596-2062 Toll-Free:(800)-WOLFETECH |
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