"Behind®" Software Single User License Agreement Your Agreement to this License: ------------------------------- This License only applies to the executable code of the "Behind®" 1.0 software and any accompanying distributable files, data and materials ("Product"). You should carefully read the following terms and conditions before using, installing, copying, or distributing the Product. Your use, installation, copying, or distribution of the Product indicates your acceptance of this agreement ("License"). You understand and agree that the terms and conditions of this License are the only terms and conditions applicable to your purchase of this License or use of the Product and any additional or different terms specified, referenced, and/or incorporated by any document provided by you or on your behalf are hereby rejected by Eviple.com Software. All registered copies of the Product allow access to the Product’s software features. Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, or distribute the Product. The terms and conditions of this License describe the permitted use and user(s) of each Licensed Copy of the Product. Scope of License - Evaluation Purpose: -------------------------------------- This is not free software. Subject to the terms below, you are hereby licensed by Eviple.com Software ("Eviple.com Software") to use for evaluation purposes only one copy of the Product, on one computer or workstation, without charge, for a period of 30 days after you first install the Product on any computer or workstation. If you want to use this software after the 30-day evaluation period, you must acquire from Eviple.com Software for a fee a single-user license for the Product. Refer to www.eviple.com for information about license pricing. Use of the Product after the expiration of the 30-day evaluation period without acquiring such a license from Eviple.com Software is outside the scope of this License and a violation of U.S. and international copyright laws. Subject to all of the terms of this License, you may, without making any payment to Eviple.com Software: a. give exact copies of the Product personally and without charge of any kind to anyone for evaluation purposes only, subject to the terms of this License, using tangible media of any kind or via e-mail (but not in a bulk mailing or through unsolicited bulk e-mails); b. distribute exact copies of the Product for evaluation purposes only, subject to the terms of this License, if done exclusively by allowing downloads through the public Internet and without charge of any kind; and c. make as many exact copies of the Product as you wish, for purposes of distribution as described in (a) and (b) above. For purposes of the foregoing, an "exact copy" of the Product means a file that is identical, at the time you create the copy, to the the Product distribution file available at www.eviple.com. You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from Eviple.com Software. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of the Product. Eviple.com Software reserves the right to revoke any or all distribution rights at any time, for any or no reason. All rights of any kind in the Product which are not expressly granted in this License are entirely and exclusively reserved to and by Eviple.com Software. You may use the Product solely as expressly provided in this License. The Product is protected by the United States copyright laws and other applicable national and international laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, the Product, in whole or in part, nor permit anyone else to do so. You may not make access to the Product available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of the Product. Scope of Registered Single-User License: ---------------------------------------- Subject to the terms of this License, Eviple.com Software grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, royalty-free, license to install and use the Product, solely for your personal or internal business purposes. If you have purchased a single-user license you have the right to install and use a single copy of the Product on one computer or workstation for non-simultaneous use by one or more persons. You may not give, transfer or sell copies of the Product to your customer(s), or any third party, in whole or in part, nor include copies of the Product, in whole or in part, in, or with, products you sell. For purposes of this License, if you have paid for a license and received a valid Standard Registration Key, you are deemed to have a single "Licensed Copy" of the Product, and are authorized to access all software features. All rights of any kind in the Product which are not expressly granted in this License are entirely and exclusively reserved to and by Eviple.com Software. The Product is protected by the United States copyright laws and other applicable national and international laws and treaties. You may use, install and distribute the Product solely as expressly provided in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, the Product, in whole or in part, nor permit anyone else to do so. You may not make access to the Product available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of the Product. Warranty Disclaimers and Liability Limitations: ----------------------------------------------- The Product, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither Eviple.com Software nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, the Product. Neither Eviple.com Software nor any of its affiliates or licensors warrants that the operation of the Product will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. You acknowledge that good data processing procedure dictates that any program, including the Product, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of the Product covered by this License. This disclaimer of warranty constitutes an essential part of this License. Except to the extent expressly prohibited by applicable statutes, Eviple.com Software, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, the Product. Any liability of Eviple.com Software, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to Eviple.com Software. Except to the extent expressly prohibited by applicable statutes, in no event shall Eviple.com Software, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of the Product, or to your relationship with, Eviple.com Software, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages. In addition, in no event does Eviple.com Software authorize you or anyone else to use the Product in applications or systems where the Product's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold Eviple.com Software, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use. General: -------- The Product, including, without limitation, the information included in its accompanying distributable files, data and materials and any activation key and registration key files or information, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by Eviple.com Software, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of Eviple.com Software and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation keys, registration key, or registration files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License. This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements. You may not assign, sublicense, subcontract, or otherwise transfer any of your rights or obligations or delegate any of your duties under this License, in whole or in part, without the prior written consent of Eviple.com Software. Notwithstanding anything to the contrary, any assignment of this License or any rights or obligations hereunder is contingent upon the intended assignee agreeing to be bound by the terms of this License and all responsibilities and obligations of the assignor hereunder. There are no third-party beneficiaries of any promises, obligations, or representations made by Eviple.com Software herein. Any waiver by Eviple.com Software of any violation of this License by you shall not constitute, nor contribute to, a waiver by Eviple.com Software of any other or future violation by you of the same provision, or any other provision, of this License. If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby. Copyright© 2009 Eviple.com Software. All rights reserved.