Java Contactor - Windows edition 2.0

EULA - End User License Agreement

END USER LICENSE AGREEMENT FOR JAVA FYI

NOTICE: READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.

THIS END-USER LICENSE AGREEMENT ('EULA') IS A LEGAL AGREEMENT BETWEENYOU (EITHER AN INDIVIDUAL PERSON OR A SINGLE LEGAL ENTITY, WHO WILL BEREFERRED TO IN THIS EULA AS 'YOU') AND SMILING DOG APPLICATIONS, LLC ('COMPANY') REGARDING JAVA FYI, INCLUDING, BUT NOT LIMITED TO, ANY ASSOCIATED MEDIA, PRINTED MATERIALS AND ELECTRONIC DOCUMENTATION (COLLECTIVELY, THE'SOFTWARE'). THE SOFTWARE ALSO INCLUDES ANY UPDATES, ADD-ONCOMPONENTS, WEB SERVICES AND/OR SUPPLEMENTS THAT THE COMPANY MAYPROVIDE TO YOU OR MAKE AVAILABLE TO YOU AFTER THE DATE YOU OBTAIN YOURINITIAL COPY OF THE SOFTWARE, TO THE EXTENT THAT SUCH ITEMS ARE NOTACCOMPANIED BY A SEPARATE LICENSE AGREEMENT OR TERMS OF USE.

THE COMPANY IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY ON THECONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS EULA, INCLUDING, BUT NOT LIMITED TO, THE LIMITATIONS ON USE CONTAINED INSECTION 2, THE LIMITATIONS ON WARRANTY IN SECTION 8, AND THELIMITATION ON LIABILITY AND REMEDIES IN SECTION 10.
BY INSTALLING THIS SOFWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS
EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN DO NOT
INSTALL, ACCESS OR USE THE SOFTWARE.

1.GRANT OF LICENSE

This is a license and not a sale. The Software is the property of the Company and is protected by copyright and any other applicable law. Although the Company continues to own the copy of the Software provided to You and any other copies that You make under this EULA, You will have certain rights to use the Software after Your acceptance of this EULA.
-Use. Upon acceptance of this EULA, the Company grants to You a limited, non-exclusive right and license to access, reproduce, store, perform, distribute, transmit, display and use the Software to the extent permitted by this EULA.
-Reservation of Rights. Your rights to use the Software are specified in this EULA, and the Company retains all rights not expressly granted to You in this EULA. Nothing in this EULA constitutes a waiver of the Company's rights under United States or international copyright law or any other law.

2.LIMITATIONS ON USE

-No Re-Sale. You may not sell, rent or lease copies of the Software.
-No Modification or Derivative Works. You may not modify, adapt or translate the Software or prepare any derivative works based upon the Software without the prior written consent of the Company. If You do create any derivative works based upon the Software in violation of the preceding sentence, all rights to such derivative works shall be assigned to the Company.
-Limitations on Reverse Engineering. You may not reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of the Software.
-Use Unauthorized. You may not use the Software in any manner not authorized by this EULA.
-Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of the Company, including, but not limited to, Smiling Dog Apps, and the Java Contactor.
-Proprietary Notices. Any copies of the Software that You are permitted to make pursuant to this EULA must contain the same copyright and other proprietary notices that appear on or in the Software.

3.SUBMISSION OF CONTENT TO THE COMPANY
The Software allows You to submit, at Your option, from time to time, limited information to the Company via its website, including, but not limited to, words and terms most often selected by the Software (such information hereinafter described as the 'Content'). By submitting Content to the Company, You grant the Company and its parent companies, subsidiaries and affiliates a perpetual, non -exclusive, worldwide, royalty-free, irrevocable and fully sublicenseable right and license to store, copy, modify, combine with other materials, translate, distribute, display and otherwise use such Content, and any or all information contained therein, for any purpose whatsoever, including, but not limited to, in marketing or advertising materials, and to exercise all copyright over the material displayed in such Content in any and all media, now known or hereinafter developed. You also waive any 'moral rights' or rights of attribution or integrity in such Content. You are not entitled to compensation for such use. You also grant the Company the right to use Your name and any identifying information that You submit with such Content for any such use.

4.TERMINATION
Without prejudice to any other rights, the Company may terminate this EULA at any time if You fail to comply with any of the terms and conditions of this EULA. In such event, You are obligated destroy all copies of the Software and all of its component parts.

5.INTELLECTUAL PROPERTY RIGHTS
All title and intellectual property rights in and to the Software (including but not limited to any coding, images, photographs, animations, video, audio, music, text, and 'applets' incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned or licensed by the Company. The structure, organization and code of the Software are valuable trade secrets and confidential information of the Company. The Software is protected by copyright, including, but not limited to, United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. All title and intellectual property rights in and to the content that is not contained in the Software, but may be accessed through use of the Software, are the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.

6.EXPORT RESTRICTIONS
You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Act and any U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. All rights to use the Software are granted on the condition that such rights are forfeited if You fail to comply with the terms of this EULA.

7.APPLICABLE LAW
This EULA will be governed by and construed in accordance with the substantive laws of the State of New York, without regard to its conflict of law rules. Any dispute arising out of this EULA shall be subject to the exclusive venue and jurisdiction of the state and federal courts of Manhattan, New York County, New York and You consent to the venue and jurisdiction of such courts. This EULA will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

8.NO WARRANTY
You expressly acknowledge and agree that use of the Software is at Your sole risk. The Software is being delivered to You 'AS IS' and the Company makes no warranty of any kind as to its use or performance. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE SOFTWARE WILL BE ERROR-FREE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE COMPANY MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER, INCLUDING, BUT NOT LIMITED TO, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

9.DISCLAIMER OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF THE COMPANY, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ANY SUIT OR OTHER ACTION BY YOU BASED ON THE COMPANY'S ALLEGED BREACH OF THIS AGREEMENT MUST BE FILED NO LATER THAN ONE YEAR AFTER THE ALLEGED BREACH OCCURS.

10.LIMITATION OF LIABILITY AND REMEDIES
limiting Section 9, notwithstanding any damages that You might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of the Company under any provision of this EULA and Your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by You for the Software, if any, or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

11.ENTIRE AGREEMENT This EULA is the entire agreement between You and the Company relating to the Software and the support services (if any), and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any the Company policies or programs conflict with the terms of this EULA, the terms of this EULA shall control.