SOFTWARE ACTIVATION AND END USER LICENSE AND SUPPORT AGREEMENT FOR LIFESAVER SOFTWARE CLOUD VERSION
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING THIS SOFTWARE ACIVATION. BY CONTINUING THE ACTIVATION,
YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CANCEL
THE ACTIVATION IMMEDIATELY.
The LifeSaver Software Cloud Version computer program(s) ("Software") you are installing is licensed, not sold,
to you by LifeSaver Software, Inc. ("LifeSaver") for use only under the following terms, and LifeSaver reserves
any rights not expressly granted to you. LifeSaver retains ownership of all copies of the Software itself.
- License. This License allows you to use the software for only the number of user licenses issued.
The Software contains trade secrets and to protect them you may NOT decompile, reverse engineer, disassemble,
or otherwise reduce the Software to a human perceivable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN,
RESELL FOR PROFIT, DISTRIBUTE, NETWORK, OR CREATE DERIVATIVE WORKS BASED UPON
THE SOFTWARE OR ANY PART THEREOF.
This Agreement applies only to the LifeSaver Software Cloud Version. Any additional stations or additions
software options must be obtained from LifeSaver under a separate license agreement and additional license and support
You may add data concerning third party manufacturers to the vendor database but you must accurately identify
such manufacturers product by brand name. You agree not to misuse the brand names of existing vendors to identify
products of other vendors.
Ownership and Use of Data. You agree that LifeSaver may collect usage data. The Usage Data shall be used for
research and sales analysis, improved product offerings, the provision of products and services to you, and for marketing.
Term. This Agreement shall commence on the date that you activate the Software (Activation Date) and continue
indefinitely so long as all service fees due to LifeSaver are paid in full.
Assignment. LifeSaver will be entitled to assign, sub-contract or sub-let this Agreement or any part thereof. You may assign
this Agreement only if (a) you sell or transfer ownership of your business, (b) you pay LifeSaver a transfer fee of $150, and (c) the new
owner agrees in writing to assume liability for the remainder of the Agreement.
Export Law Assurances. You agree that neither the Software nor any direct product thereof will be transferred or reexported,
directly or indirectly, into any country prohibited by the U.S. Export Administration Act and the regulations thereunder or will be
used for any purpose prohibited by the Act.
Warranty Disclaimer, Limitation of Remedies and Damages. THIS SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS ARE LICENSED
"AS IS." IN NO EVENT WILL LIFESAVER, OR ITS AUTHORIZED DISTRIBUTORS, DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE
LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING
WRITTEN MATERIALS EVEN IF LIFESAVER OR AN AUTHORIZED LIFESAVER REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LifeSaver makes no claims with regard to database accuracy. This includes but is not limited to pricing and inventory accuracy.
Do not assume that the prices, descriptions, sizes, markups and other database entries are correct without verification by the purchaser.
All financial information is collected for your review and should not be assumed to be correct unless verified by a qualified professional.
LifeSaver does not claim to provide any tax or other legal information. The information collected and presented either on screen or on paper
is to be used as a reference only and must be substantiated through an accounting system or professional.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE MAY NOT
APPLY TO YOU.
LifeSaver's liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the
greater of $500 or the money paid for the Software that caused the damages.
Support and Maintenance. You acknowledge that this Agreement covers only support and maintenance for the Software and that LifeSaver
has no obligation to support or maintain your computer hardware or network. For the duration of this Agreement you will receive:
All commercially released vendor database and program updates to the Software. Vendor database updates will be released on
a weekly basis.
Training and technical support for the Software, telephone, email, and fax support available from 9:00 AM to 5:00 PM EST Monday
through Friday excluding holidays.
Third Party Beneficiaries. You acknowledge that the product brand names included in the vendor database for the software are
owned by their respective product manufacturers and that such manufacturers are third-party beneficiaries of Section 2(c) above
with all the rights of LifeSaver to enforce the obligations of that section of this Agreement against you.
Binding Effect of Electronic or Facsimile Version of Agreement. You will submit this Agreement electronically and agree that the
electronic version of the Agreement or a version signed and forward by facsimile shall have the same legally binding effect as an original
paper version would have.