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OrgPlus Enterprise Software License Agreement

HUMANCONCEPTS, LLC SOFTWARE LICENSE AGREEMENT NOTICE: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. BY CLICKING THE “I ACCEPT” BUTTON AT THE END OF THIS AGREEMENT, OR BY USING THE SOFTWARE PROVIDED WITH THIS AGREEMENT, YOU INDICATE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT INSTALL OR USE THE SOFTWARE, AND YOU SHOULD PROMPTLY RETURN THE SOFTWARE.

1. Grant of License. Subject to the terms and conditions of this Agreement, HumanConcepts, LLC (the “Company”) grants to you (the organisation that purchased the license) the non-exclusive right to install the object code version of the software provided with this Agreement (the “Software”), on a server, and to permit your employees to access and use the Software as installed on that server, to create organisational charts relating to your company. You agree that you may not use the Software in any other manner. You may not copy the Software except that you may make one copy for backup purposes. You may not sublicense your rights under this Agreement, rent or lease the Software, or give anyone else access to the Software.

2. Maximum Number of Employees Charted. You acknowledge that the Company distributes several versions of the Software and that the version of the Software to which you have purchased a license is intended to permit you to create organisational charts that chart a certain maximum number of employees in all such organisational charts combined, as specified in the Company’s price list. You agree not to use the Software to chart more than such total maximum number of employees. You agree that if you do use the Software to chart more than such total maximum number of employees, (a) you will pay the Company it’s then-current license fee for the version of the Software that would permit you to chart that number of employees (less the fee already paid by you pursuant to this Agreement), and (b) if you do not pay such additional fee to the Company within fifteen (15) days of demand, the Company may terminate your license to use the Software without refunding any license fees.

3. Copyright. You acknowledge that the Company owns the copyright and all other intellectual property rights relating to the Software, and that no title to the Software or such intellectual property rights is transferred to you. You will not acquire any rights to the Software except as expressly set forth above. You agree not to alter or remove the copyright notice, or any other notices of proprietary rights, that appear on and in the Software.

4. Reverse Engineering; Modification. You agree that you will not attempt to reverse engineer or disassemble the Software in whole or in part, or otherwise attempt to reconstruct or discover any source code to the Software, except and only to the extent that such activity is expressly permitted by applicable law. You agree not to attempt to translate or modify the Software in any way.

5. Transfer of License. You may not assign or transfer your rights under this Agreement, except that you may assign your license to a successor to your business that results from a sale of your assets, merger, or similar transaction, provided that the assignee agrees in writing to be bound by this Agreement and provided that you transfer all copies of the Software and related documentation to the third party or destroy any copies not transferred.

6. Term of License. The license granted by this Agreement shall continue until terminated, as provided in this Agreement. You may terminate the license at any time. The Company may terminate the license (a) if you fail to comply with this Agreement, (b) if you do not pay the full license fee when that fee is due, or (c) you do not pay any additional license fees that may become due pursuant to Section 2 of this Agreement. You agree, upon any termination of the license, to destroy the Software and all copies thereof in any form.

7. Limited Warranty on CD. If the Software was delivered to you on a CD, the Company warrants that the CD will be free of defects in material and workmanship under normal use for 30 days after purchase. During the 30-day period, you may return a defective CD to the Company with proof of purchase, and it will be replaced without charge, unless the disk is damaged by accident or misuse. Replacement of a disk is your sole remedy pursuant to this warranty.

8. DISCLAIMER OF OTHER WARRANTIES. THE SOFTWARE IS LICENSED TO YOU "AS IS", WITH NO WARRANTIES, EXPRESS, IMPLIED, OR BY OPERATION OF LAW. THE COMPANY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR WITHOUT INTERRUPTION.

9. Limitation of Liability. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS INTERRUPTION, OR LOST PROFITS, ARISING OUT OF THE USE OF THE SOFTWARE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT ANY LIABILITY IS IMPOSED ON THE COMPANY, IN NO EVENT WILL THE COMPANY’S LIABILITY FOR ANY CLAIM RELATING TO THE SOFTWARE, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE.

10. General Provisions. In the event any provision of this Agreement is determined to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted, and you and the Company agree that the other provisions of this Agreement shall not be affected and shall continue to be enforced. This Agreement shall be governed by the internal laws of the State of California and applicable federal law. You agree that this Agreement is the entire agreement between you and the Company relating to its subject matter, and it supersedes any prior agreements, representations, or communications, whether written or oral, relating to that subject matter. You agree that any suit or proceeding arising out of or relating to this Agreement will be brought only in the US District Court for the Northern District of California or the California Superior Court for Marin County, and you submit to the exclusive personal and subject matter jurisdiction and venue of such courts. You acknowledge that US laws prohibit the export/re-export of technical data of US origin, including software, and agree that you will not export or re-export the Software without the appropriate US and foreign government license.