1. IDENTIFICATION. The term “software” or “software products” means computer programs and applications created and delivered or made available by ResQSoft, Inc. along with any associated technical documents, database definitions, and data. Some of the software licensed by ResQSoft, Inc. under this agreement includes software which constitutes or incorporates software libraries, frameworks, and application program interface (API) code, as well as software created by the operation of the software. For example, and without limitation, ResQSoft® Engineer is software that can be used to create completely new (or modernized) computer applications, programs, documentation, and data; it is software that outputs software under the control of a human operator or user. These outputs are also “software” under the terms of this software license.The term “licensor” means ResQSoft, Inc. and its successors and assigns. The terms “Licensee”, “you” and “your” mean the organization, agency, legal entity, or individual who acquires, rents, leases, or otherwise uses the software or the outputs of the software, as well as any intermediary or prime contractor who acquires the software for the use of the software on behalf of another party. In the case of a Licensee who enters into a transaction with ResQSoft, Inc. to make available the software or outputs of the software to a third party, the Licensee shall ensure that the third party adheres to the terms of this software license and shall bind any parties to whom it may in turn provide the software or outputs to the terms of this agreement. Any entity who receives, through operation of contract or by any other valid legal transaction, the software or outputs is a Licensee under this agreement and shall be responsible for adherence to its terms.

    No party who obtains the software or outputs without the permission of ResQSoft, Inc., including without limitation by an act of theft, fraud, unauthorized sale, seizure, or intellectual property misappropriation shall be considered a Licensee and shall be required to return the software and outputs, if any, to ResQSoft, Inc. and destroy any copies made thereof.The license terms and conditions below apply to your acquisition and/or use of ResQSoft, Inc. software, whether for your own use or on the behalf of another party. In the case of transfer of the software (including, as always and without limitation, outputs of the software such as computer-generated source code, web pages, documentation, or database definitions) to a third party, it is your responsibility to disclose any such intended or actual transfer to ResQSoft, Inc. and to bind that third party to the terms of this software license.

  2. AGREEMENT. These license terms constitute an agreement between ResQSoft, Inc. and you. Please read them. They apply to the software provided or made accessible to you by ResQSoft, Inc. including without limitation ResQSoft® Engineer, Dynamic Web, WebSurvey, and any other computer software, documentation, or databases which is provided or made accessible to you by ResQSoft. These terms also apply to any updates, modifications, or improvements made to the software and to any derivative works based wholly or partially upon the software.

    BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO RESQSOFT, INC. OR TO THE RESELLER, AGENT, OR BUSINESS PARTNER OF RESQSOFT, INC. FROM WHOM YOU RECEIVED THE SOFTWARE OR ACCESS THERETO, FOR A REFUND OR CREDIT. If you cannot obtain a refund or credit from such a reseller, agent, or business partner, then contact ResQSoft, Inc. for information about ResQSoft, Inc.’s refund and credit policy in your specific circumstances.

    AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING VALIDATION OF USE, WARRANTY SUPPORT, AND FOR INTERNET-BASED SERVICES. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.

  3. OVERVIEW. These license terms permit installation and use of one copy of the software on one device, along with other rights, all as described below. Your use of the software may conform to any of the following modes, as determined by ResQSoft, Inc. in its sole discretion: (a) Hosted Mode, where the software is accessed by you over a public network; (b) Workstation Mode, where the software is installed on a computer owned by ResQSoft, Inc. and provided to you for a defined period of time during which you may use the software; (c) Customer Installation Mode, where the software is installed on a server or workstation owned or leased by you or a third party and is executed and used there, or (d) Services Mode, where the software is operated by ResQSoft, Inc. or its designee (collectively, “the operator”) and you provide inputs to the operator and receive outputs from the software only via transmission from the operator.
  4. INSTALLATION AND USE RIGHTS. Before you use the software under a license, you must assign that license to one device for Customer Installation mode, unless otherwise permitted by ResQSoft, Inc. in writing. That device is the licensed device. A hardware partition or blade is considered to be a separate device.
    • a. Licensed Device. You may install and use one copy of the software on the licensed device.
    • b. Portable Device. You may install another copy on a portable device for use by the single primary user of the licensed device.
    • c. Separation of Components. The components of the software are licensed as a single unit. You may not separate the components and install them on different devices.

    For Workstation Mode, Hosted Mode, and Services Mode, you must designate one individual by name who will be responsible for the use of the software, and that user will be pre-authorized with administrative rights in the applicable database or security software. The single primary user of the licensed device may access and use the software installed on the licensed device remotely from any other device. No user other than the primary user or alternate user may use the software under the same license at the same time for any other purpose, unless specifically authorized in writing by ResQSoft, Inc.

  5. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
    • a. Project Restriction. The software is licensed for use on a single project unless otherwise specified by ResQSoft, Inc. in writing. Often, but not always, a project is identified by the name of the system or application under development and is the subject of a single task order or contract issued to a single vendor. In the case where multiple development contracts are issued to or by Licensee or its customer to develop software, only one such contracted effort will be licensed for use of the software.THIS LICENSE IS FOR THE USE OF THE SOFTWARE BY RESQSOFT, INC. OR A SINGLE CONTRACTOR ON A SINGLE CONTRACT OR TASK ORDER WHILE THAT CONTRACT OR TASK ORDER IS IN EFFECT unless other arrangements are made in advance and approved by ResQSoft, Inc. This is not an enterprise license nor a license for use by multiple contractors, organizations or agencies, nor is it a license to use the software anywhere within an organization and on any project or phase thereof that that organization may undertake, unless specifically authorized in writing by ResQSoft, Inc.THE SCOPE OF USE OF THE SOFTWARE LIES WITHIN THE SCOPE OF THE CONTRACT OR CONTRACT MODIFICATION OR TASK ORDER OR PROJECT OR PROJECT PHASE UNDER WHICH THE USE OF THE SOFTWARE IS PROCURED, WHICHEVER OF THESE IS MOST RESTRICIVE. IN THE CASE OF A MASC, FSS CONTRACT, BASIC ORDERING AGREEMENT, BASIC PURCHASING AGREEMENT, OR SIMILAR TASK ORDER CONTRACTING MECHANISM, IT IS THE SCOPE OF THE APPLICABLE TASK ORDER OR MODIFICATION THAT CONTROLS, NOT THE SCOPE OF THE MASTER OR BASIC CONTRACT.
    • b. Paid Up License. Your right to use the software may be granted subject to a single license fee payment. In that case, your right to use the software terminates when the project or application for which the software is used is complete or the scope of use as defined in 5.a above under which the payment is made and the use is paid for is terminated, whichever comes first, or as otherwise described herein. In the case of a Basic Ordering Agreement or other contract under which work is performed subject to task order, the task order and not the umbrella contract or Basic Ordering Agreement shall determine the term of use under this provision.
    • c. Monthly or Subscription License. If you licensed the software on a monthly or subscription basis, your rights to use the software do not extend beyond the subscription period. You may have the option to extend your subscription or convert to a perpetual license, if such option is granted by ResQSoft, Inc. in writing and at its sole discretion. If your subscription is extended, you may continue using the software until the end of your extended subscription period. After the expiration of your subscription, whether extended or not, you must stop using the software, directing all staff and subcontractors to cease using the software and in the case of Customer Install mode, delete all copies of the software including the database(s) if any created by the software and all backup copies, and permit ResQSoft, Inc. access to verify that deletion was successful. In the case of Workstation Mode, the hardware and software must be returned in good working condition with software and databases intact.

    In the event that you are not done using the software at the end of your monthly or subscription license period, ResQSoft, Inc. may, at its sole option, agree to continue your right to use the software on a month-to-month basis, and the prevailing monthly license fee will be due and payable according to the terms of the initial subscription for each month subsequent to the original term, whether or not the software is actually used. Monthly or subscription licenses always have a minimum term, and the monthly fees must be paid on or before the first day for the entire minimum term agreed upon; otherwise, use of the software is not licensed and the Licensee shall return the software including any outputs, copies, or derivative works thereof and neither they nor any customer of theirs shall have any right to retain or use the software or outputs, copies, or derivative works thereof.

  6. INCORPORATION OF TERMS AND FLOW DOWN PROVISIONS. In the event that Licensee’s customer requires incorporation of certain terminology or provisions in Licensee’s contracts and licensing agreements, ResQSoft, Inc. shall negotiate in good faith, to permit Licensee to fulfill this requirement, if and when requested to do so by Licensee. However, under no circumstances shall ResQSoft, Inc. be obliged to modify the terms of this software license agreement, particularly in the case where no compensation is offered for agreeing to additional terms or where the terms requested conflict with ResQSoft’s rights in its own software or its ability to continue to improve, operate, and sell its software to others.Compliance with the requirements of any contract between Licensee and its customer or any other third party is the sole responsibility of Licensee, even if ResQSoft, Inc. should have been aware or was aware that such requirements or provisions exist or might exist in some version of said contract. ResQSoft’s rights under this software license agreement shall not be modified or abridged by the existence of such provisions in any other contract and in such cases, it is the obligation of Licensee to resolve inconsistencies or conflicting provisions with the customer or third party.
  7. INTELLECTUAL PROPERTY. You acknowledge that the software is copyright by and is the intellectual property of ResQSoft, Inc. and that this software license does not modify, transfer, or affect ResQSoft, Inc.’s exclusive ownership rights therein.In the event that you provide computer software or content to ResQSoft, Inc. to be included in the software or software outputs or to be used as an input or example in the generation thereof, then you grant ownership of that provided software or content to ResQSoft as a work for hire and you agree that ResQSoft may use, modify, re-sell or distribute that software or content without further restriction or payment.
    In the event of a court finding that you are not able to transfer ownership as a work for hire, then you grant to ResQSoft, Inc. a fully paid, perpetual, non-cancellable, transferrable and unrestricted license and right without limitation to modify, copy, create derivative works, provide, re-sell, and use the aforesaid software or content on other contracts and/or for other customers, for internal use, for demo, for resale, or in any other legal manner that ResQSoft, Inc. in its sole discretion deems necessary or desirable.
  8. USE OF OUTPUTS AFTER THE PAID LICENSE PERIOD. Some of the software products that may be licensed under this agreement produce outputs which are intended for use by Licensees for an indefinite period of time. ResQSoft DynamicWeb produces software in HTML form which constitutes web pages and web sites that do not necessarily require DynamicWeb to operate. ResQSoft® Engineer produces complete computer applications in source code form (other than portions in third-party libraries) and that also incorporates significant source code that was previously developed by ResQSoft, Inc., and do not require ResQSoft® Engineer to operate.If the license fee invoice for this license and all other ResQSoft invoices have been paid by Licensee as agreed and in accordance with the invoice terms, ResQSoft, Inc. will offer a license that permits Licensee or Licensee’s customer (but not both) the right to retain and use those outputs without further payment to ResQSoft. The permitted use of those outputs is as follows:
    • a. Outputs from DynamicWeb that are in HTML may be retained and modified, enhanced, run, copied, backed up, and provided to third parties to perform maintenance or enhancements; and
    • b. Outputs from ResQSoft® Engineer consisting of complete applications (also known as Foundation Code) may be retained and modified, enhanced, run, copied, backed up, and provided to third parties to perform maintenance or enhancements; and
    • c. Derivative works may be created from the outputs, but neither the outputs nor derivative works may be used to build new and different applications nor may they be resold or disclosed to the public whether through publication, sale, lease, rent, or in response to a Freedom of Information Act request or other similar disclosure request by a third party.
    • d. The ResQSoft® Engineer Repository and database, the software development work files and database (including Wiki, Tech Issues, customized templates, and software development folders or notes), and the DynamicWeb content database contain substantial trade secret information and may not be retained by Licensees or any other party beyond the end of the project or applicable task order or license subscription term, whichever occurs first, without the express written permission of ResQSoft, Inc.

    It shall be the responsibility of the Licensee to put a written agreement in place, if one is needed, with its customer(s) to implement and enforce the terms of this Article 8 of the software license; normally this is accomplished by a Government rights in data for restricted computer software clause or a similar provision.

  9. VALIDATION AND UPDATE.
    • a. The software may from time to time update or require download of updated components of the software. Validation verifies that the software has been activated and is properly licensed and used. Validation is performed by ResQSoft, Inc. using software tools that operate over computer networks, including the Internet.
    • b. During a validation check, the software may send information about the software to ResQSoft, Inc. This information includes the version of the software and the project usage as applicable. ResQSoft, Inc. does not use the information transmitted for any competitive purpose, but only to verify license compliance and for support purposes such as examining log file contents. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. The same validation and update steps may be performed for any of the modes of operation listed above.
    • c. If the software is not properly licensed, the functionality of the software may be affected. For example, you may need to reinstall the software, or receive reminders to obtain a properly licensed copy of the software, or not obtain certain updates, upgrades or services from ResQSoft, Inc.
    • d. You may only obtain updates or upgrades for the software from ResQSoft, Inc. or entities authorized by ResQSoft, Inc. Updates or upgrades may be provided during the term of this license agreement at the sole discretion of ResQSoft, Inc.; this software license does not include any updates or major version releases or point releases unless ResQSoft, Inc. explicitly waives the license fee for same or those fees are paid.
  10. BACKUP COPY. You may make one backup copy of the software (Customer Install Mode and Workstation Mode only). You may use it only to reinstall the software.
  11. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
  12. NOT FOR TRANSFER OR RESALE. You may not re-sell the software, the use of the software, or the outputs of the software, unless specifically authorized to do so by ResQSoft, Inc. in writing. You may not transfer the software, nor your usage rights under this agreement.
  13. REASSIGN TO ANOTHER DEVICE. For Customer Install mode licensing, you may reassign the license to a different device any number of times, but not more than one time every 90 days. If you reassign, that other device becomes the licensed device. If you retire the licensed device due to hardware failure, you may reassign the license sooner.
  14. EXPORT RESTRICTIONS. To the extent that any of the software is subject to United States export laws and regulations, you must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
  15. SUPPORT SERVICES. ResQSoft, Inc. provides support services for the software as may be agreed with Licensee. Absent a specific written agreement between ResQSoft, Inc. and Licensee regarding provision of support services for the software, ResQSoft, Inc. will respond to defect reports and will investigate reported problems that arise in using validly licensed software for its intended purpose. INVESTIGATION OF PROBLEM REPORTS WHICH PROVE TO BE CAUSED BY USER ERROR WILL BE BILLABLE TO LICENSEE AT $250 USD PER HOUR, UNLESS RESQSOFT, INC. IN ITS SOLE DISCRETION DECIDES TO WAIVE THE CHARGE. In no case will Licensee use support services to avoid paying for applicable training if training on the software is offered by ResQSoft, Inc. or its partners.
  16. TERMINATION FOR CAUSE. ResQSoft, Inc. may terminate this license in its sole discretion for, without limitation, the following actions or grounds: (a) abuse of the software or violation of any of these license terms, (b) failure to pay any invoice or bill issued by ResQSoft, Inc. to Licensee, whether for license fees or services or other products or for expenses, (c) violation of any other agreement between Licensee and ResQSoft, Inc., including without limitation Teaming Agreements or Non Disclosure Agreements, (d) disparaging the software internally, to third parties or the public, or (e) attempting to build a competing product using frame tailoring, templates, or any other technology incorporated into the licensed software. In the event of termination for cause, all licensed materials including software and outputs must be returned to ResQSoft, Inc. This right of termination is perpetual.
  17. ENTIRE AGREEMENT. This agreement (including the warranty below), any addendum or amendment included with the software, and any signed Master Services Agreement contract from ResQSoft, Inc. for supplements, updates, validation and support services that you may use, is the entire agreement for the software and support services.Any modifications to this agreement must be in writing and signed by an authorized representative of ResQSoft, Inc. and by the Licensee. In the event of a conflict with the provisions of another agreement, this agreement shall take precedence.
  18. APPLICABLE LAW.

    • a. United States. If you acquired the software in the United States, the law of the Commonwealth of Virginia governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the Commonwealth of Virginia also govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort unless jurisdiction is found to be lacking by a Virginia State or District Court. ResQSoft, Inc. may, however, at its sole option and discretion, avail of the Court of Federal Claims, a federal government Board of Contract Appeals, or other Federal Court or adjudicative body to pursue and resolve a claim.
    • b. Outside the United States. If you acquired the software or use thereof in any other country, the laws of that country apply only to the extent that jurisdiction cannot be obtained within the United States as outlined above.
  19. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software or use thereof, whether such party may be an agent or representative of ResQSoft, Inc. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. If any provision of this software license is found to be invalid or non-binding by a court having proper jurisdiction to do so, the Court is requested and directed to construe or modify such provision(s) so that they permissibly bind the parties in a manner as similarly restrictive as possible to the original provision(s), rather than simply striking the provision or declaring the agreement to be invalid or non-binding in whole or in part.
  20. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM RESQSOFT, INC. AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE LICENSE OR $5,000 UNITED STATES DOLLARS (USD), WHICHEVER IS LESS, WHETHER OR NOT RESQSOFT, INC. IS ADVISED OF SUCH DAMAGES OR THE POSSIBILITY THEREOF. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST REVENUES OR PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.This limitation applies to (1) anything related to the software, services, content (including source code) within or produced by the licensed software or on third party Internet sites, or third party frameworks or programs used by the software; and (2) claims for breach of contract, breach of warranty,fraud, misrepresentation, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if repair, replacement or a refund for the software does not fully compensate you for any losses; or if ResQSoft, Inc. knew or should have known about the possibility of the 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. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
  21. LIMITED WARRANTY.

    • A. LIMITED WARRANTY. If you follow the instructions for use of the software, the software will perform substantially as described in the ResQSoft, Inc. materials that you may receive in or with the software. The software is complex and all software contains “bugs” (defects); ResQSoft, Inc. does not warrant that the software is free of defects, and the determination of what constitutes a defect as well as what functionality is or is not included in the software is reserved absolutely and exclusively to ResQSoft, Inc. in its sole discretion.
    • B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR 90 DAYS AFTER ACQUIRED BY LICENSEE OR MADE ACCESSIBLE TO THE FIRST USER, WHICHEVER IS EARLIER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT PERIOD, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
    • C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond ResQSoft, Inc.’s reasonable control including without limitation lack of training, misuse of the software, hardware failure, system software or componentfailure, insufficiency of hardware, software, or networking at the customer’s site or on customer’s computer platform, or related to telecommunications, networking, power, and Internet failures or attacks.
    • D. REMEDY FOR BREACH OF WARRANTY. RESQSOFT, INC. WILL REPAIR OR REPLACE THE SOFTWARE, OR PROVIDE A WORKAROUND, AT NO CHARGE. IF RESQSOFT, INC. CANNOT REPAIR OR REPLACE IT, RESQSOFT, INC. WILL REFUND THE AMOUNT PAID FOR THE SOFTWARE IF THE SOFTWARE COULD NOT BE USED, AS RESQSOFT, INC. IN ITS SOLE DISCRETION MAY DETERMINE, AS A RESULT OF THE DEFECT. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE UNDER THESE SAME TERMS. IF RESQSOFT, INC. CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY PAYMENT WAS REQUIRED. YOU MUST UNINSTALL THE SOFTWARE (IF USED IN CUSTOMER INSTALL MODE) AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS (INCLUDING ANY EQUIPMENT PROVIDED ALONG WITH THE SOFTWARE) TO RESQSOFT, INC. WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
    • E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
    • F. WARRANTY AND SUPPORT PROCEDURES. You must have paid for your license as agreed between you and ResQSoft, Inc., according to the terms of the invoice issued for the software license and use of the software, to be eligible to receive support or warranty service under this license agreement. ResQSoft, Inc. may in its sole discretion grant or withhold service and support to any Licensee who has failed to pay any invoice issued at any time by ResQSoft, Inc. to Licensee, whether such invoice(s) were or are for this license or for any other product or service provided by ResQSoft to Licensee, unless such invoice was protested upon receipt by Licensee and was either cancelled or corrected by ResQSoft, Inc. or was subsequently found to be invalid by a court of competent jurisdiction.
      • i. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact ResQSoft, Inc. at +1 (703) 821-6999 or by email at support@resqsoft.com. You may also correspond concerning this topic to ResQSoft, Inc., 8300 Boone Blvd., Suite 500 PMB 5015, Vienna, VA 22182.
      • ii. (Reserved.)
    • G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM RESQSOFT, INC. RESQSOFT, INC. GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, RESQSOFT, INC. EXCLUDES AND DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
    • H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
  22. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. The manufacturer or installer (if any) and ResQSoft, Inc. reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see the software documentation. Notwithstanding any other provision of this software license, you may not:
    • a) Work around any technical limitations on usage in the software;
    • b) remove ResQSoft, Inc. copyright notices or identifying names, comments, file or library names, or other information that identifies ResQSoft;
    • c) reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
    • d) use what you learn from using or examining the software or the documentation or outputs to participate, directly or indirectly, in developing software that competes with the software provided to you by ResQSoft, Inc. under this agreement, or permit your employees, contractors, agents, consultants, or other third parties to use information obtained about the software to do so;
    • e) make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
    • f) publish the software for others to copy;
    • g) use the software in any way that is against the law;
    • h) rent, lease or lend the software; or
    • i) use the software for commercial software hosting services.
  23. BACKUP COPY. You may make one backup copy of the software media if you were given physical possession of the software by ResQSoft, Inc. You may use it only to reinstall the software.
  24. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes only so that you can successfully operate the software. ResQSoft software and documentation and technical information are not published works; they contain trade secrets and are only issued on a need to know basis, and only to the extent that ResQSoft, Inc. in its sole discretion deems it necessary to do so. Documentation is subject to the applicable Non Disclosure Agreement between ResQSoft, Inc. and you, but it may not be shown or given or otherwise transferred to third parties at any time without the consent of ResQSoft, Inc.
  25. WAIVER AND SEVERABILITY. No failure on the part of ResQSoft, Inc. to enforce any provision of this agreement shall be deemed to waive that provision. Each provision herein is severable and may stand on its own in the event that other provisions are invalidated. Headings are for convenience and shall not be interpreted as containing legal meaning or affecting the content of this agreement. No provision shall be interpreted for or against a party by virture of that party’s role in drafting same.
Version 02/04/2008.