ezimerchant Professional 4.00.77

EULA - End User License Agreement

Master and End-User License Agreement

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IT IS IMPORTANT THAT YOU READ AND FULLY UNDERSTAND THE FOLLOWING:
This On Technology Australia Pty. Ltd. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and On Technology Australia Pty. Ltd. for the On Technology Australia Pty. Ltd. software product(s) accompanying this EULA, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials ("SOFTWARE PRODUCT"). By installing, copying, or initiating usein any manner of the SOFTWARE PRODUCT or UPDATES (as defined below), you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy or use the SOFTWARE PRODUCT ("UPDATES"),additionally you agree to be bound by the additional license terms that accompany such UPDATES. Installation, copying, or use of such UPDATES indicates agreement of the additional license terms that accompany such UPDATES.

GENERAL LICENSE GRANT.
As a single individual, On Technology Australia Pty. Ltd. grants to you a personal, nonexclusive license to make and use copies of the SOFTWARE PRODUCT in the manner provided below. As an entity, On Technology Australia Pty. Ltd. grants you the right to appoint one individual within your organization to possess the sole right to access the SOFTWARE PRODUCT in the manner as outlined below.

COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by On Technology Australia Pty. Ltd. or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup purposes or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. Copying of the printed materials accompanying the SOFTWARE PRODUCT will be regarded as breach of copyright and will accordingly attract the appropriate action.

UPDATE LICENSE TERMS.
All UPDATES shall be considered part of the SOFTWARE PRODUCT and as such are subject to the terms and conditions of this EULA. Additional license terms may accompany UPDATES (as defined in the first paragraph of this EULA). Installation, copying, or use in any manner of the UPDATES will be deemed as agreement to be bound by the terms
and conditions accompanying each said UPDATE. If you do not agree to the additional license terms accompanying such UPDATES, do not install, copy, or otherwise use said
UPDATES.

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DISCLAIMER OF WARRANTY

NO WARRANTIES.
THE SOFTWARE PRODUCT IS PROVIDED IN ITS ENTIRITY AND IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT AUTHORIZED BY APPLICABLE LAW, On Technology Australia Pty. Ltd. AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

CUSTOMER REMEDIES.
YOUR EXCLUSIVE REMEDY AND On Technology Australia Pty. Ltd.S ENTIRE LIABILITY DOES NOT EXCEED THE PRICE PAID FOR THE SOFTWARE PRODUCT.

LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT AUTHORIZED BY APPLICABLE LAW, NO CIRCUMSTANCE WILL PLACE On Technology Australia Pty. Ltd. OR ITS SUPPLIERS AS LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING AND WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING SITUATIONS WHERE On Technology Australia Pty. Ltd. HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. REGARDLESS, On Technology Australia Pty. Ltd.s ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00.