SHRINK WRAP SOFTWARE LICENSE AGREEMENT
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE PROCEEDING WITH THE INSTALLATION OF THE PROGRAM ("PROGRAM"). THE MATERIALS IN THIS PACKAGE ARE PROTECTED UNDER THE COPYRIGHT, TRADEMARK, AND OTHER LAWS OF THE UNITED STATES, ITS INTERNATIONAL TREATIES AND THE STATE OF CALIFORNIA. THE MATERIALS IN THIS PACKAGE ARE LICENSED, NOT SOLD. BY USING OUR PRODUCT’S, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT BETWEEN YOU AND DATABASES UNLIMITED (hereinafter “Licensor”).

1. LICENSE GRANT.
This License permits you to use the accompanying software (“Software”) in machine-readable, object-code form only, including any Documentation provided with it, on a single computer at a time.

2. RESTRICTIONS.
You may not sell, license, sublicense, transfer, make copies or, or otherwise make available any portion of the Program, the Software, or any data from the Software to anyone outside of you own personal or business use. In addition, you may not: (a) decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form (except to the extent that such activities may not be prohibited by applicable law); (b) rent, transfer, or grant any rights in the Software to any person other than as expressly permitted in this Agreement; (c) modify, translate or create derivative works from the Software; (d) tamper with, alter or disengage any function included in the Software; (e) remove, obscure, or alter the copyright notice or other proprietary notices from the Software; (f) host the Software on a web site without the express prior approval of Licensor.

3. COPYRIGHT.
You acknowledge and agree that the materials in this Package, which includes one or more CD-ROMs and/or program diskettes containing the machine-readable, object-code-form only computer programs (all referred to as “Software”) and any accompanying hard-copy Documentation (all referred to as “Program”), are owned by Licensor and are proprietary products of Licensor protected under U.S. copyright, patent and trademark laws, such U.S. international treaty provisions as cover intellectual properties and the laws of the State of California. You further acknowledge and agree that all rights, title, and interest in and to the Program, including all associated intellectual property rights, are owned by and shall remain the property of Licensor, except as provided in this License Agreement.

4. TERM.
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying the Software and Documentation and all copies thereof. This Agreement will terminate immediately without notice if you fail to comply with any provision of this Agreement. Upon termination you must destroy the Software and Documentation and all copies thereof.

5. LIMITED WARRANTY.
Licensor warrants that the Software shall be free from any material physical defects. Except as provided herein, the Software and Documentation are licensed to you "AS IS". To the maximum extent permitted by applicable law, Licensor expressly disclaims all other warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement. Furthermore, Licensor warrants or makes any representations regarding the use or the results of the use of the Software or Documentation in terms of their correctness, accuracy, reliability, or otherwise

6. LIMITATION OF LIABILITY.
YOUR SOLE RECOURSE AGAINST LICENSOR FOR ANY DEFECTS OR OTHER PROBLEMS WITH THE PROGRAM AND THE SOFTWARE SHALL BE REPLACEMENT OF THE SOFTWARE AND PROGRAM. LICENSOR S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEE PAID TO LICENSOR FOR THE USE OF THE PROGRAM.
IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, OR THE PROGRAM, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Licensor from any claim, action, liability or expense (including reasonable attorney’s fees and costs) arising out of your use of the Program.

8. TRADEMARKS.
Except as expressly provided herein, neither party may use the name, trade name, trademark, domain name, or other designation of the other party in connection with any products, promotion, marketing or advertising without the prior written consent of the other party.

9. FURTHER INFORMATION.
Because it is impossible for Licensor to know the purpose for which you acquired the Software or Program or the use to which you will put it, you assume full responsibility for the selection of the Software or Program for its use and results of that use. Should you have any questions concerning this License, you may contact the Licensor by writing to: Databases Unlimited, 9114 Adams Ave. Suite 114, Huntington Beach, CA 92646.

10. BREACH OF THIS AGREEMENT.
You hereby agree that, in the event of any breach by you of any provision of this License Agreement, LICENSOR shall be entitled to adopt against you any measure, including, but not limited to, seeking immediate injunctive relief and compensation for any loss or damage incurred by LICENSOR arising out of your breach of the Agreement.

11. GENERAL PROVISIONS.
The licenses granted herein are nontransferable, except in connection with the transfer of all your rights in the Software and Documentation, accompanied by the transfer of the original of the Software and Documentation and all copies thereof and then only if such transferee agrees in writing to assume all of your obligations hereunder. This Agreement is governed by the laws of the State of California, U.S.A., excluding conflict of laws provisions and the 1980 United Nations Convention on Contracts for the International Sale of Goods. In the event of any controversy, claim or dispute between the parties hereto arising out of or relating to this Agreement, such controversy, claim or dispute shall be tried exclusively in the courts of the State of California or in the United States Federal District Court for the Central District of California, located in the County of Orange, as either party may elect. If any provision of this Agreement shall be otherwise unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permitted so as to effect the parties’ intent. The remaining provisions of this Agreement shall remain in full force and effect. Licensor’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision. This Agreement constitutes the entire agreement between the parties and supersedes any other communications or advertising with respect to the Software and Documentation.