ClearICE Report Utility End User Software License Agreement

*** YOU MUST READ THIS *** YOU MUST READ THIS ***

END-USER SOFTWARE LICENSE AGREEMENT FOR
ClearICE Report Utility (All versions) hereafter known as the 'PRODUCT'.

This End-User Software License Agreement ("EUSLA") is a legal agreement between you, either an individual or a single entity, ("Licensee") and Brady & Associates, LLC. ("Licensor")

By installing, copying, or otherwise using PRODUCT, the Licensee agrees to be bound by the terms of this EUSLA. If the Licensee does not agree to the terms of this EUSLA, do not install or use the PRODUCT.

1. DEFINITIONS.
a. PRODUCT means all components of ClearICE Report Utility supplied by Brady & Associates, LLC., including but not limited to, computer software, online electronic documentation, HTML files, help text, and PDF files, and may include associated media or printed materials.

b. LICENSE means the rights to use the PRODUCT on a single computer running one of the following operating systems, Windows 95, Windows 98, Windows NT Workstation, Windows 2000 Professional, Windows XP Home or Windows XP Professional.

c. NON-COMMERCIAL USE means the product may not be used on any computer that is used in the performance of ANY home based or commercial business.

This LICENSE does NOT include running the PRODUCT on Windows NT Server or Windows 2000 Server products except as noted in Section 2, listed below.

Please contact Brady & Associates, LLC. for details with regard to running the product on Microsoft Windows Server products.

2. RIGHTS AND LIMITATIONS.

ClearICE Report Utility - Personal Edition
Brady & Associates, LLC grants the user the right to use this product on supported platforms (Windows 95, Windows 98, Windows NT Workstation and Windows 2000 Professional or Windows XP Home or Professional).

Brady & Associates, LLC grants the user the right to use this product on a single computer, for NON-COMMERCIAL USE, provided the following is true:

a. The user has paid the applicable license fees to use the application pursuant to the purchase policies of Brady & Associates, LLC.

AND

b. The PRODUCT is installed on a single computer acting as a gateway to allow access by other client machines access to the Internet

OR

c. The PRODUCT is installed on a single computer being used to monitor data files which reside on a computer acting as a gateway to allow access by other client machines access to the Internet.

OR

d. The PRODUCT is installed on a single computer, not attached to a Local Area Network, that has direct, or indirect, access to the Internet.

ClearICE Report Utility - Small Office / Home Office Edition
Brady & Associates, LLC grants the user the right to use this product on supported platforms (Windows 95, Windows 98, Windows NT Workstation and Windows 2000 Professional or Windows XP Home or Professional).

Brady & Associates, LLC grants the user the right to use this product on a network, for COMMERCIAL USE, provided the following is true:

a) The user had paid the applicable license fees to use the application pursuant to the policies of Brady & Associates, LLC.

AND

b) The PRODUCT is installed on a single computer acting as a gateway to allow access by other client machines on the network, access to the Internet

OR

c) The PRODUCT is installed on a single computer being used to monitor data files which reside on a computer acting as a gateway to allow access by other client machines on the network access to the Internet.

OR

d) The PRODUCT is installed on a single computer, either stand-alone or attached to a network that has direct, or indirect, access to the Internet.

AND

e) The PRODUCT is NOT used in conjunction with BlackICE for Servers or BlackICE PC Protection for Servers.

ClearICE Report Utility - Professional Edition
Brady & Associates, LLC grants the user the right to use this product on supported platforms (Windows 95, Windows 98, Windows NT Workstation and Windows 2000 Professional or Windows XP Home or Professional, Windows 2000 Server, Windows 2000 Advanced Server, Windows 2000 Database Server, Windows 2000 Small Business Server).

Brady & Associates, LLC grants the user the right to use this product on a network, for COMMERCIAL USE, provided the following is true:

a) The user had paid the applicable license fees to use the application pursuant to the policies of Brady & Associates, LLC..

AND

b) The PRODUCT is installed on a single computer acting as a gateway to allow access by other client machines on the network, access to the Internet

OR

c) The PRODUCT is installed on a single computer being used to monitor data files which reside on a computer acting as a gateway to allow access by other client machines on the network access to the Internet.

OR

d) The PRODUCT is installed on a single computer, either stand-alone or attached to a network that has direct, or indirect, access to the Internet.

AND

e) The PRODUCT is used in conjunction with BlackICE for Servers or BlackICE PC Protection for Servers

3. LICENSEE'S OBLIGATIONS.
Except as expressly and unambiguously provided herein and as conditions of the Licensee's LICENSE hereunder, the Licensee represents, warrants and agrees they shall:

a) Not to reverse assemble, de-compile, or otherwise attempt to derive source code (or the underlying ideas, algorithms, structure or organization) from the PRODUCT or from any other information, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

b) Keep all copies of the PRODUCT in the possession of the Licensee at all times. The only exception to this is a single copy of the software installer for backup purposes which may be kept off site in an NON-installed state.

c) Not sell, give, lend, give access to, or otherwise transfer the PRODUCT, or copies of the PRODUCT to anyone that is not an employee of the Licensee, OR to anyone that is not bound to all of the terms and conditions of this EUSLA.

d) Not remove from any copies of the PRODUCT any product identification, copyright or other notices.

e) Not modify, incorporate into or with other software, or create a derivative work of any part of the PRODUCT.

f) Not modify, decompile, reverse assemble, disassemble the software registration features of the PRODUCT for the purposes of defrauding the copyright owner, Brady & Associates, LLC, from collecting LICENSE FEES from the Licensee or other user of the PRODUCT.

Any violations of this PRODUCT license agreement may result in the termination of the product or the forfeiture of upgrade or renewal.

4. GOVERNING LAW.
This EUSLA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of California and the United States, without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods.

The sole jurisdiction and venue for any dispute regarding the terms of this EUSLA or any action relating to the subject matter hereof shall be the Superior Court of Tulare County, California and the U.S. District Court for the District of California. The prevailing party in any action to enforce this EUSLA shall be entitled to recover reasonable costs and expenses, including, without limitation, reasonable attorneys' fees.

5. EXPORT LIMITATIONS.
The Licensee shall comply with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority. The Licensee agree not to export or re-export, or allow the export or re-export of any product, technology, or information the Licensee obtains or learns under this EUSLA (or any direct product thereof) from the country in which the Licensee has installed and is using the PRODUCT in violation of any such laws, restrictions, or regulations. The PRODUCT is a "commercial item," "commercial computer software," and/or "commercial computer software documentation" as defined under U.S. law in FAR section 2.101, DFAR section 252.227-7014(a)(1) and DFAR section 252.227-7014(a)(1), or otherwise. Consistent with DFAR section 227.7202 and FAR Section 12.212, any use, modification, reproduction, release, performance, display, disclosure or distribution of the PRODUCT by the U.S. government shall be governed solely by the terms of this EUSLA and shall be prohibited except to the extent expressly permitted in this EUSLA.

6. LIMITED WARRANTY AND DISCLAIMER.
BRADY & ASSOCIATES, LLC. DOES NOT WARRANTY THIS SOFTWARE IN ANY WAY, SHAPE, OR FORM.

IT IS UP TO THE USER TO DETERMINE WHETHER THE PRODUCT IS SUITED TO THEIR PURPOSE.

THE PRODUCT IS PROVIDED TO THE END-USER "AS IS".

7. NO WARRANTIES.
To the maximum extent permitted by applicable law, Brady & Associates, LLC its suppliers, distributors and resellers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the PRODUCT.

8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall Brady & Associates. LLC or its suppliers, distributors and resellers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the PRODUCT, even if Brady & Associates, LLC has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the Licensee.

9. CUSTOMER REMEDIES.
The entire liability of Brady & Associates, LLC and the Licensee's exclusive remedy shall not exceed the LICENSE fees paid for the PRODUCT.

10. MODIFICATION OF LICENSE AGREEMENT
This PRODUCT license agreement may be modified by Brady & Associates, LLC. at any time without notification to the customer.  Brady & Associates, LLC. reserves the right to refuse service or product to anyone.

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