Electronic End User License Agreement

Electronic End User License Agreement

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Fitz Solutions Inc.

NOTICE TO USER

THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. This Fitz Solutions Inc. ('Fitz Solutions') End User License Agreement accompanies a Fitz Solutions software product and related explanatory written materials ('Software'). The term 'Software' shall also include any upgrades, modified versions or updates of the Software licensed to you by Fitz Solutions. This copy of the Software is licensed to you as the end user. You must read this Agreement carefully before indicating acceptance at the end of the text of this Agreement. If you do not agree with the terms and conditions of this Agreement, decline where instructed, and you will not be able to use the Software. Fitz Solutions grants to you a nonexclusive license to use the Software, provided that you agree to the following:

Use of the Software. You may install the Software on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purpose of permanent installation onto hard disks or other storage devices or use of the Software over such network; and make backup copies of the Software.

Copyright. The Software is owned by Fitz Solutions. The Software and its structure, organization and code are the valuable trade secrets of Fitz Solutions and its suppliers. United States Copyright Law and International Treaty provisions protect the Software. You may use trademarks only to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.

Transfer. You may not rent, lease, or sublicense the Software. You may, however, transfer all your rights to use the Software to another person or entity, provided that you transfer this Agreement with the Software.

No Warranty. The Software is being delivered to you AS IS and Fitz Solutions makes no warranty as to its use or performance. Fitz Solutions AND IT'S SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. FITZ SOLUTIONS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL FITZ SOLUTIONS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A FITZ SOLUTIONS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.