THIS IS A LEGAL AGREEMENT
("Agreement") between you, either personally or on behalf
of the company or entity that has licensed this application and/or software, and 5600b,
an Illinois corporation ("Licensor"). By clicking on the "Agree" button,
you are agreeing to be bound by all of the terms and conditions of this License Agreement. If you
do not agree to the terms and conditions of this License Agreement or you do not have authority
to bind the end user, do not click on the "Agree" button and do not install or use this application
1. Grant of Limited License.
Upon your acceptance of this Agreement, Licensor grants to you
a non-exclusive, non-transferable limited license to install and use for your own use the application
and/or software program to be downloaded or which is contained on the media provided (the
"Software"). Depending on the nature of the license which you purchased, this Agreement
constitutes permission for either: (i) multiple users of the same company or entity to install and
use the Software on multiple machines or devices; or (ii) a single user to install and use the
Software on a multiple machines or devices; provided however, that, a single user license does
not allow multiple users to use the Software on multiple machines or on a shared network,
regardless of whether or not such use is concurrent; and a multiple user license does not allow
more than ten concurrent users at any point in time and all such multiple users must be part of the
same governmental agency, non-profit organization or business entity.
2. Reservation of Rights, Copyright and Restrictions.
Licensor reserves any and all rights not
expressly granted to you in this Agreement. The Software is being licensed only and not sold.
The Software is and remains owned by Licensor and is protected by United States of America and
foreign copyright laws and other intellectual property laws and international treaty provisions.
Among other things, you MAY NOT: (i) make derivative works of the Software; (ii) make copies
of the Software, other than one copy on a back-up device which is not intended for active use; (iii)
make copies for use on multiple machines if multiple users (including employees, agents, or
contractors) will use those machines, unless you purchase a corresponding number of multiple user
licenses; (iv) modify, reverse-engineer, decompile, or disassemble the Software; (v) claim that the
Software is owned by you, and you may not use the names or trademarks of Licensor in any way,
including without limitation to endorse or promote any products derived from or related to the
Software; (vi) use the Software in a manner which is inconsistent with the software licenses
granted to you by other companies that have provided software for your computer, including
without limitation the operating system; (vii) distribute, transfer or share copies of the Software,
in whole or in part, to or with any third party, nor may you use, rent, loan, sublicense, or lease
the Software to third parties; (viii) use the Software to act as a service bureau or application
service provider; (ix) distribute, transfer or share any serial numbers, product keys or registration
numbers associated with the Software; (x) retain or use the Software after the expiration or
termination of this Agreement; (xi) use the Software for any illegal purpose or in violation of any
applicable United States laws or other applicable laws (including without limitation to harass,
abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party), or
for any purpose other than the purposes for which it was intended; (xii) to develop any product
which has the same or substantial similar primary function as the Software; or (xiii) publish,
display, perform, broadcast, disseminate or distribute the Software or its contents. Unauthorized
or prohibited use of the Software may subject you to civil liability or criminal prosecution under
applicable laws. There may be technological protections in this Software which are designed to
prevent unlicensed or illegal use. Such protections may require you to reinstall or reactive the
Software from time to time and you accept such limitations and protections.
3. Limited Warranty, Disclaimers and Limitation of Liability/Exclusion of Damages.
(a) THE SOFTWARE AND ANY DOCUMENTATION SUPPLIED IN CONNECTION
THEREWITH ARE PROVIDED "AS IS," ON AN "AS AVAILABLE BASIS" WITHOUT
WARRANTY OF ANY KIND. THE LICENSOR AND ITS AFFILIATES FURTHER
EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR QUIET ENJOYMENT, AND NON-INFRINGEMENT.
THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE
AND SAID DOCUMENTATION REMAINS WITH YOU AND YOU AGREE TO ASSUME
ALL SUCH RISKS. IF THE SOFTWARE PROVES DEFECTIVE, YOU ASSUME THE
ENTIRE COST OF ANY AND ALL NECESSARY SERVICING OR REPAIR. WITHOUT
LIMITING THE FOREGOING, LICENSOR DOES NOT WARRANT THAT THE SOFTWARE
WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE WILL BE AVAILABLE
FOR UNINTERRUPTED OR ERROR FREE USE, OR THAT ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
No oral statement or written information or advice given by Licensor or its agents, employee or
contractors shall create any warranty or otherwise modify any of the terms of this Agreement.
(b) IN NO EVENT SHALL LICENSOR, ITS AFFILIATES OR ANYONE ELSE INVOLVED
IN THE CREATION, PRODUCTION, MARKETING, DISTRIBUTION, OR DELIVERY OF
ANY PART OF THE SOFTWARE, BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, FOR BUSINESS INTERRUPTION, FOR
LOSS OF BUSINESS INFORMATION, OR FOR OTHER MONETARY LOSS, ARISING OUT
OF THE USE OF OR THE PERFORMANCE OF THE SOFTWARE OR THE INABILITY TO
USE THE SOFTWARE AND OTHER INFORMATION PROVIDED TO YOU BY LICENSOR,
OR IN THE PROVISION OF, OR FAILURE TO PROVIDE, SERVICES OR INFORMATION.
Because some states of the United States of America and some countries may not allow the
exclusion or limitation of liability for special, indirect, punitive, incidental or consequential
damages, the above disclaimer may not apply to you and you may have other rights which vary
from state to state or country to country. To that extent that any such warranties by law survive
the foregoing disclaimers, and to the extent that your rights may not be limited as set forth herein,
then such warranties are intended to be limited warranties which expire ninety (90) days from the
date you downloaded or otherwise received the Software and your other rights will exist only to
extent mandated by law.
(c) NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY
REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES
REFERENCED ABOVE, ALL DIRECT OR GENERAL DAMAGES TO PERSONS OR TO
PROPERTY, AND ANY AND ALL DAMAGES FROM VIRUSES, INFECTIONS OR
CONTAMINATIONS OF HARDWARE OR SOFTWARE), THE ENTIRE LIABILITY OF THE
LICENSOR AND ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY (WHETHER IN
CONTRACT, TORT, PRODUCT LIABILITY, BREACH OF WARRANTY, EQUITY OR
OTHERWISE) FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO THE GREATER
OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $50.00.
THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
(d) All of the foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent
permitted by applicable law, even if any remedy fails its essential purpose.
(e) The foregoing limitations and provisions are an essential provision of this Agreement. Without
the benefit of these provisions, Licensor would not agree to license the Software to you.
4. Your Obligations.
You represent and warrant that all persons having access to the Software
will be informed of, observe and perform all the terms and conditions of this Agreement. You
shall, at your own expense, promptly enforce the restrictions in this License Agreement against
any person who gains access to the Software with your permission or while your employee and
who violates such restrictions. You agree to immediately notify Licensor in writing of any
misuse, misappropriation or unauthorized use, disclosure, display or copying of the Software that
may come to your attention. You agree to defend, indemnify and hold harmless Licensor, its
affiliates, members, managers, employees, contractors, successors and assigns from any and all
claims, damages, suits, liabilities, counterclaims, cost (including reasonable attorneys" fees and
expenses) and judgments arising out of, related to or resulting from your use of the Software or
a breach of this Agreement.
5. Terms of Service.
If you downloaded the Software, Licensor may automatically log certain
non-personal information from your computer, information such as your IP address. In connection
with the purchase of the Software, we may require or request that you provide us with certain
information that is personal to you ("Personal Information"). That Personal information may
includes such things as your name, address and credit card number and may also include other
information such as your e-mail address. Licensor may use such Personal Information for lawful
purposes related to the Software, including enhancing your use of the Software, compiling
statistics or data regarding the Software and its use, and to provide or offer products and services
same may be published from time to time (at www.e-thinkinc.com/index.php/privacy-policy/).
Licensor shall not be liable in any way for any unauthorized, accidental or unintended disclosure
of your Personal Information, or for any disclosure which is required by law.
6. Injunctive Relief.
Because of the unique nature of the Software, you understand and agree that
Licensor will suffer irreparable injury in the event you fail to comply with any of the terms and
conditions this Agreement and that monetary damages may be inadequate to compensate Licensor
for such breach. Accordingly, you agree that Licensor will, in addition to any other remedies
available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to
enforce the terms and conditions of this Agreement.
This Agreement is in effect until terminated by you or Licensor upon notice to
the other, provided that your rights hereunder will terminate automatically without notice upon
your breach of any provision of this Agreement. Licensor reserve the right to change, suspend,
remove, or disable access to any Software at any time without notice. Upon termination of this
Agreement, you must dispose of the Software and all copies or versions of the Software. The
provisions of Sections 2-6 and 8-12, both inclusive, shall survive termination of this Agreement.
8. Export Control Laws.
You agree to comply with all laws, rules and regulations applicable to
the export of the Software. Specifically, you shall not export, re-export or transship the Software,
or the direct product thereof, in violation of any United States laws and regulations which may
from time to time be applicable. None of the Software or underlying information or technology
may be downloaded or otherwise exported or re-exported (i) into, or to a national or resident of,
any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table
of Denied Persons List or Entry List. By downloading or using the Software, you are agreeing
to the foregoing and you are representing and warranting that you are not located in, under the
control of, or a national or resident of, any such country or on any such list.
9. Third Party Materials and Services.
The Software may enable access to third party services
and web sites and may involve or interact with third party software. The Software may require
internet access to be fully functional, which access must be arranged by you on separate terms.
In the course of using the Software, it may display, include, interact with or make available
content, data, information, applications or materials from third parties or provide links or access
to certain third party web sites ("Third Party Materials"). You acknowledge and agree that the
Licensor is not responsible for examining or evaluating the content, accuracy, completeness,
timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such
Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume
and will not have any liability or responsibility to you or any other person for any Third Party
10. U.S. Government Restricted Rights.
The Software is provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at
48 CFR " 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software --
Restricted Rights 48 CFR " 52.227-19, as applicable. Manufacturer is Think! Inc. Negotiation
Solutions, at 1750 W. Superior Street, Suite 100, Chicago, Illinois 60622. If the Commercial
Computer Software Restricted Rights clause at 48 CFR " 52.227-19 or its successors apply, the
Software constitutes restricted computer software as defined in that clause and the U.S.
Government shall not have the license for published software set forth in subparagraph (c)(3) of
that clause. The Software (i) was developed at private expense, and no part of it was developed
with governmental funds; (ii) is a trade secret of Licensor for all purposes of the Freedom of
Information Act; (iii) is "restricted computer software" subject to limited utilization as provided
in the contract between the vendor and the governmental entity; and (iv) in all respects is
proprietary data belonging solely to Licensor.
The trademarks, trade names and service mark of Licensor which are used or
associated with the Software remain the sole and exclusive property of Licensor and this
Agreement does not allow or permit you to use such intellectual property.
If any attorneys are engaged by Licensor or litigation is brought related to
or arising out of this Agreement, Licensor shall be entitled to recover reasonable attorneys' fees,
together with expenses and costs, incurred by Licensor. To the fullest extent allowed by law, this
Agreement shall be governed by the laws of the State of Illinois, without regard to its conflicts of
laws provisions. Other laws may also be applicable to this Agreement and you may have certain
consumer rights which may not be modified by this Agreement. Venue for any action under this
Agreement shall be in Chicago, Illinois. You irrevocably consent to the personal jurisdiction of
the courts of such venue. If any part of this Agreement is found to be void or unenforceable, that
provision shall be severed and shall not affect the validity or enforcability of the balance of the
Agreement. This Agreement is the complete agreement between Licensor and you and supersedes
all prior agreements, oral or written, with respect to the subject matter hereof. Unless another
license agreement is entered into in connection with any upgrade or modification to the Software,
the application of this Agreement shall extend to any such upgrade or modification.
Copyright © 2019 5600b. All rights reserved.