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END USER SOFTWARE LICENSE AGREEMENT

License Grant

“You” means the person or company who is being licensed to use the Software or Documentation. “We,” “us” and “our” means TekkTonix (Michael Grzywacz).

We hereby grant you a nonexclusive license to access the Software Membership Area (‘http://easypopovergenerator.com/members-area’) on any computer web browser, provided the Software is accessed on only one computer by you at any time. The Software is “in use” on a computer when it is loaded into temporary memory (RAM) or web browser cache.

You are only allowed to use the generated JavaScript & image files on domains or subdomains that you own. Unless you own a developer license to the Software you are not allowed to give generated JavaScript and image files from the Software to other website or domain owners who are not valid license holders of the Software.

Title

We remain the owner of all right, title and interest in the Software and related explanatory written materials (“Documentation”).

Archival or Backup Copies

You may NOT copy the Software for back up and archival purposes.

You may copy the generated JavaScript and image files from the Software for back up and archival purposes, provided that the original and each copy is kept in your possession and that your use of the Software does not exceed that allowed in the “License Grant” section above.

Things You May Not Do

The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a book. You may not:

Copy the Documentation,

Copy the Software,

Modify or adapt the Software or merge it into another program,

Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,

Place the Software onto a server so that it is accessible via a public network such as the Internet,

Sublicense, rent, lease or lend any portion of the Software or Documentation, or

Give your user access details for the Software Membership Area to a third party.

Transfers

You may NOT transfer all your rights to use the Software and Documentation to another person or legal entity.

Limited Warranty

We warrant that for a period of 90 days after the Software Membership Area access is granted to you:

The web based members area where the Software is provided to you will work as expected under normal use, and

The Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limited Remedy

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:

Return the price you paid, or

Repair the Software that does not meet the foregoing warranty if the issues are declared to us with a copy of your receipt.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOSTPROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Term and Termination

This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession and contactig us to ask for your Software Membership Access Account to be cancelled. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.

Confidentiality

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR
DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

Disputes

This license agreement shall be governed by, construed and enforced in accordance with the laws of England and Wales. Any action you, any third party or we, bring to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in the courts of England and Wales and you expressly consent to the jurisdiction of said courts.

To the extent you have in any manner violated or threatened to violate TekkTonix (Michael Grzywacz) and/or its affiliates’ intellectual property rights, TekkTonix (Michael Grzywacz) and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the U.K., and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: London, England. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: London, England. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

General Provisions

  1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
  2. This license agreement may be modified only by a writing signed by you and us.
  3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
  4. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by U.K.  export laws, restrictions or regulations.
  5. The application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, is expressly excluded.