License Grant

"You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means Internet Marketing Solutions, Inc or Chris Derenberger.

We hereby grant you a nonexclusive license to use one copy of the Software on any single web host, provided the Software is in use on only one web host at a time. The Software is "in use" on a web host when it is installed via the installation process.

The primary license holder (purchaser) has the right to use the software but if the software is used by any other party with access to the software on a regular basis, (Where regular is more than once a week) they will need to purchase their own license or the purchasers license will be suspended.

Title

We remain the sole owner of all right, title and interest in the Software and related explanatory written materials ("Documentation").

Archival or Backup Copies

You may copy the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.

Things You May Not Do

The Software and Documentation are protected by international copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a book. You may not:

Copy the Documentation,

Copy the Software except to make archival or backup copies as provided above,

Modify or adapt the Software or merge it into another program in any way,

Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,

Place the Software onto a server so that it is accessible via a public network such as the Internet, or

Sublicense, rent, lease or lend any portion of the Software or Documentation.

Share login details for the software to others.

Allow client access to the software.

Allow multiple people to use your installation.

Transfers

You may transfer all your rights to use the Software and Documentation to another person or legal entity provided you transfer this Agreement, the Software and Documentation, including all copies, updates and prior versions to such person or entity and that you retain no copies, including copies stored on computer or web hosting. (You may do this once. After this you will need to purchase another copy)

Limited Warranty

We warrant that for a period of 60 days after delivery of this copy of the Software to you:

The downloadable area where access to your Software is provided to you will be online and available for use, or an alternative will be provided (we are under no liability should this area become unavailable)

The Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limited Remedy

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:

Return the price you paid, or

Repair or replace the Software that does not meet the foregoing warranty if proof of ownership is provided.

The user (you) must assume the entire risk of using the software. In no event shall any individual, company or organization involved in any way in the development, sale or distribution of this software be liable for any damages whatsoever relating to the use, misuse, or inability to use this software (including, without limitation, damages for loss of profits, business interruption, loss of information, or any other loss). The software will not run your entire business for you. Have fun with it and use it to your advantage.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Term and Termination

This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.

Confidentiality

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

Disputes

This license agreement shall be governed by, construed and enforced in accordance with the laws as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate Internet Marketing Solutions, Inc and/or its affiliates' intellectual property rights, Internet Marketing Solutions, Inc and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of, and you consent to exclusive jurisdiction and venue in such courts.

General Provisions

    * This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
    * This license agreement may be modified only by a writing signed by you and us.
    * In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
    * You agree that the Software will not be provided, shared, shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.