Terms of Use & Software Agreement

GENERAL:

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY InfoWizards PRO TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.

This license is for One (1) Computer/Server/IP.

Notice to User:

This End User License Agreement (EULA) is a CONTRACT between you (either an individual or a single entity) and InfoWizards PRO , which covers your use of the InfoWizards PRO software product that accompanies this EULA and related software components, which may include associated media, printed materials, and “online” or electronic documentation. All such software and materials are referred to herein as the “Software Product.” A software license, issued to a designated user only by InfoWizards PRO or its authorized agents, is required for each user of the Software Product. If you do not agree to the terms of this EULA, then do not install or use the Software Product or the Software Product License. By explicitly accepting this EULA, however, or by installing, copying, downloading, accessing, or otherwise using the Software Product and/or Software Product License, you are acknowledging and agreeing to be bound by the following terms:

1. GRANT OF NON-EXCLUSIVE LICENSE.

(a) Software Product License. The Software Product License, which is issued

to a designated user, enables such designated user to use the Software

Product on a single computer system. Each user on a multi-user computer

system who uses the Software Product requires an additional Software Product

License. You may not modify or create derivative copies of the Software

Product License.

(b) Grant of License. Subject to a validly issued Software Product License,

InfoWizards PRO grants to you the non-exclusive, non-transferable right for you

to use the Software Product on a single computer running a validly licensed

copy of the operating system for which the Software Product was designed.

You may not modify or create derivative copies of the Software Product. All

rights not expressly granted to you are retained by InfoWizards PRO .

(c) Backup Copy: Software Product. You may make copies of Software Product

as reasonably necessary for the use authorized above, including as needed for

backup and/or archival purposes. No other copies may be made. Each copy must

reproduce all copyright and other proprietary rights notices on or in the

Software Product.

(d) Backup Copy: Software Product License. You may install each Software

Product License on a single computer system and make copies of the Software

Product License as necessary only for backup and/or archival purposes. No

other copies may be made. Each copy must reproduce all copyright and other

proprietary rights notices on or in the Software Product License.

2. INTELLECTUAL PROPERTY RIGHTS RESERVED BY InfoWizards PRO .

The Software Product is protected by U.S. and international copyright laws

and treaties, as well as other intellectual property laws and treaties. You

must not remove or alter any copyright notices on any copies of the Software

Product. This Software Product copy is licensed, not sold. Furthermore, this

EULA does not grant you any rights in connection with any trademarks or

service marks of InfoWizards PRO . InfoWizards PRO reserves all intellectual property rights,

including copyrights, and trademark rights.

3. NO RIGHT TO TRANSFER.

You may not rent, lease, lend, or in any way distribute or transfer any rights

in this EULA or the Software Product to third parties without InfoWizards PRO ’s

written approval and subject to written agreement by the recipient of the terms

of this EULA.

4. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.

You may not reverse engineer, decompile, defeat license encryption mechanisms,

or disassemble the Software Product or Software Product License except and only

to the extent that such activity is expressly permitted by applicable law

notwithstanding this limitation.

5. SUPPORT SERVICES.

InfoWizards PRO may provide you with support services related to the Software

Product. Use of any such support services is governed by the InfoWizards PRO

polices and programs described in “online” documentation and/or other

InfoWizards PRO -provided materials. Any supplemental software code or related

materials that InfoWizards PRO provides to you as part of the support services

is to be considered part of the Software Product and is subject to the terms

and conditions of this EULA. With respect to any technical information you

provide to InfoWizards PRO as part of the support services, InfoWizards PRO may use such

information for its business purposes without restriction, including for

product support and development. InfoWizards PRO will not use such technical

information in a form that personally identifies you.

6. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS.

InfoWizards PRO may terminate this EULA if you fail to comply with any term

or condition of this EULA. In such event, Licensee agrees to return to Licensor

or to destroy all copies of the Software upon termination of the License.

7. NO WARRANTIES.

YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE

“AS IS”, AND InfoWizards PRO (AND ITS THIRD PARTY SUPPLIERS AND

LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR

OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

InfoWizards PRO (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM

ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS,

IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO,

IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY

QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND

NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE

OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

8. LIMITATION OF LIABILITY.

THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED

BY APPLICABLE LAW. IN NO EVENT SHALL InfoWizards PRO (OR ITS THIRD PARTY

SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE

PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR

CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,

DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS

OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR

INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE

SUPPORT SERVICES, EVEN IF InfoWizards PRO HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, InfoWizards PRO ’S (AND ITS THIRD

PARTY SUPPLIERS AND LICENSORS) ENTIRE LIABILITY ARISING OUT OF THIS

EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY

YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00.

9. GOVERNING LAW; ENTIRE AGREEMENT.

This EULA is governed by the laws of the State of Alabama U.S.A.,

excluding the application of its conflict of law rules. The United Nations

Convention for the International Sale of Goods shall not apply. This EULA is

the entire agreement between us and supersedes any other communications or

advertising with respect to the Software Product; this EULA may be modified

only by written agreement signed by authorized representatives of you and

InfoWizards PRO .

10. CONTACT INFORMATION

If you have any questions about this EULA, or if you want to contact InfoWizards PRO

for any reason, please direct all correspondence to:

IMS Enterprises Softwre, Inc.. (DBA InfoWizards PRO)

3115 Northington Court Suite 149

Florence, AL, 35630

1-800-348-2151

or email: support@infowizardspro.com