SmartMax License Agreement

SmartMax Software, Inc. License Agreement
License Agreement for all SmartMax Software, Inc. Products

General
Please read this End-User License Agreement carefully, as it is a legal agreement between you and SmartMax Software, Inc. ("SSI"). By installing or using the Software you agree to be bound by all the terms and conditions of this license agreement. If you do not agree, do not use the Software. This license agreement applies to updates, supplements, add-on components, and Internet-based services and/or components of the Software that SSI may provide or make available to you. This license agreement also governs any product support services relating to the Software except as may be included in another agreement between you and SSI. This document contains information that is the property of SSI. Information in this document is subject to change without notice. SSI assumes no responsibility for any errors or omissions, nor liability for damages resulting from the use of the information contained in this documentation.

Reservation of Rights; Certain Restrictions
The Software in its entirety is protected by both United States and International copyright law; and other intellectual property laws and treaties. SSI owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. SSI reserves all rights not expressly granted to you in this license agreement. Reverse engineering, decompiling, or disassembling the Software is prohibited, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Renting, leasing, or lending the Software (including providing commercial hosting services) is also prohibited. A separate Reseller License will be required for the resale of the Software.

Terms of Agreement
Making copies of the Software is prohibited, except that you may make one (1) archival copy for the sole purpose of backing up the Software and protecting your investment from loss. This copy must include all copyright notices on the Software. It is also illegal to give copies to another person, or to duplicate the Software by any other means (including online and electronic transmission). You may not copy printed materials, if any, or documentation accompanying the Software, or print multiple copies of any user documentation. You may not modify, adapt, translate, rent, sublicense, assign, loan, distribute, or network the Software; or related materials or create derivative works based upon the Software installed or any part thereof. No part of this document may be copied, reproduced, transmitted or reduced to any electronic or mechanical form or by any means, for any purpose, without the express written permission of SSI. Failure to comply with the above restrictions will result in automatic termination of license(s) and will make available to SSI other legal remedies. SSI may terminate this license agreement at any time, with or without cause. Upon termination of this license agreement, you will cease use of the Software and certify destruction of, all full or partial copies of the Software provided by SSI.

Third Party Support
SSI does not control third party programs, and is not responsible for the contents and/or components contained.

Product Support Services
SSI may provide product support services related to the Software. Use of any such support services is governed by SSI policies and programs. Any software SSI may provide as part of support services are governed by this License Agreement, unless separate terms are provided. This License Agreement does not obligate SSI to provide any support services or to support any software provided as part of those services.

Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SSI PROVIDES THE SOFTWARE, AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND SSI HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON -INFRINGEMENT WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES, REMAINS WITH YOU.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SSI, its officers, directors, employees, advisors, affiliates, successors, or its suppliers BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, 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 OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SSI OR ANY SUPPLIER, AND EVEN IF SSI ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES /JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF SSI AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER WILL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

Software Limited Warranty
The warranty applies to the Software, the use of which is hereby licensed. At any time thirty days (30) from the date of delivery you are not 100% satisfied, SSI will refund the cost of the mailmax, mailmax/web, listmax products, and thirty days (30) for sightmax Live chat. SSI will not refund any support incidents, telephone, shipping and/or handling charges, which might have been incurred during the stated periods. If you use this Software on anything but the supported hardware and system software listed in the "System Requirements", you do so at your own risk. SSI does not give any warranty (express or implied) that the Software will work under non-supported conditions. SSI's entire liability and your exclusive remedy under this warranty (which is subject to you returning the Software to SSI or an authorized dealer with a copy of your receipt) will be, at SSI's option, to attempt to correct or help you around errors with efforts which SSI believes suitable to the problem or to refund the purchase price and terminate this license agreement. Except for the prior express limited warranties, express, implied, statutory or in any communication with you and SSI specifically disclaims any implied warranty of merchantability or fitness for a particular purpose. SSI does not warrant that the operation of the software will be uninterrupted or error-free. Some states do not allow the exclusion of implied warranties so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights as well, which vary from state to state.

Governing Law, Jurisdiction
This license agreement will be construed and controlled by the laws of the State of Oklahoma, and you consent to exclusive jurisdiction and venue in the federal courts sitting in Tulsa County, Oklahoma, unless no federal jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the Superior Court of Tulsa County, Oklahoma. You waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule.

Export Compliance Information
You agree that you will not export or re-export any of the Software or confidential Information received from SmartMax. You also agree that you will not use said Software for any purposes where prohibited by United States law. You acknowledge and agree that the Software is subject to restrictions and controls imposed by the International Traffic in Arms Regulations and Arms Export Control Act (the "Acts"). You agree and certify that neither the Software nor any direct product thereof is being or will be acquired, shipped, transferred or exported, directly or indirectly outside the United States or Canada or will be used for any purpose prohibited by the Acts; provided, however, U.S. Citizens and U.S. permanent residents aliens may travel to countries not prohibited by the Acts with the Software when it is installed on their personal computer and not otherwise used or transferred in violation of the Acts.

GENERAL PROVISIONS
This license agreement is governed by the laws of the State of Oklahoma, and is completely and exclusively an agreement between SSI and you. With respect to the subject matter hereof, this license agreement supersedes all prior or contemporaneous oral or written communications, proposals, representations, advertising, understandings, or agreements not specifically included herein. If any provision of this license Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.