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AttendView License Agreement

IMPORTANT: Please read this software license agreement carefully prior to downloading AttendView™. By using AttendView™, you are agreeing to be bound by the terms and conditions stated below. If you do not agree with the terms of this license, please do not download AttendView™.

DEMONSTRATION VERSION: The demonstration version of AttendView™ is not free software. Subject to the terms in this agreement, you are hereby licensed to use AttendView™, for evaluation purposes only, without charge for a period of thirty (30) days. If you use AttendView™ after the 30-day evaluation period, registration is required. Registration numbers are provided after receiving payment in full. Unregistered use of AttendView™ after the 30-day evaluation period is in violation of United States and International copyright laws.

LICENSE: CSTS, Inc. d.b.a. VividSoft ("CSTS") grants to the Licensee downloading AttendView™ a nonexclusive, nontransferable license to use AttendView™ software in the manner described in this agreement. Although the licensee may have purchased the rights to use AttendView™ Software, CSTS retains the title to the software and to all related documentation. Restrictions pertaining to AttendView™ usage are based on the following purchase options:

1.    With the AttendView™ Single Site license option, the AttendView™ software may be installed and run on one computer. If it is to be installed on a different computer at a later time, it must first be uninstalled on the previous computer. In other words, it may not be installed on more than one computer system at any one time.

2.    If the AttendView™ 25, AttendView™ 100, or AttendView™ Unlimited license option is purchased, one AttendView™ software license permits the software to be installed on multiple computers on a network.

Each installation of AttendView™ must be configured to use the same AttendView™ database file. This database can be located in the title-bar for AttendView™ Tools. Other AttendView™ database files may only be selected for the purpose of backing up, restoring or performing maintenance functions. If different installations of AttendView™ are to access different database files, an additional license must be purchase for each database file to be accessed.

RESTRICTIONS: This License is proof of the right to exercise the rights granted herein and must be retained by Licensee. Licensee may not rent, lease or otherwise transfer the Software or its documentation. Licensee may make one back-up copy. Because this Software contains copyrighted material, trade secrets and other proprietary material, the Licensee must reproduce on the back-up copy of the Software all the copyright notices and any other proprietary legends that were on the original copy of the Software. Licensee shall not, without the prior written permission of CSTS, nor permit anyone else to, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable form, or to modify, network, rent, lease, loan, distribute, or create derivative works based upon the Software or the documentation in whole or in part.

If the software is lawfully acquired outside the United States, Licensee agrees that it shall not, and shall not allow any party on Licensee’s behalf, attempt to reverse engineer or decompile the Software into another computer language. Licensee shall not make copies of the copyrighted Software documentation without prior written permission of CSTS.

TERMINATION: This License is effective until terminated. Licensee may terminate this License at any time by uninstalling and destroying all copies of this Software and its documentation. This License will terminate immediately without notice from CSTS if Licensee fails to comply with any provision of this License. Upon termination, Licensee must uninstall and destroy all copies of the Software and its documentation.

EXPORT LAW ASSURANCES: Licensee agrees and certifies that neither the Software nor any other technical data received from CSTS, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by Licensee outside of the United States, Licensee agrees that Licensee will not re-export the Software nor any other technical data received from CSTS, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which Licensee obtained the Software.

GOVERNMENT END USERS: If Licensee is acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software—Restricted Rights at 48 CFR 52.227-19, as applicable.

DISCLAIMER OF WARRANTY: Licensee acknowledges and agrees that the use of the Software and its documentation is at Licensee’s sole risk. The Software, documentation, and technical support are provided "AS IS" and without warranty of any kind. Information regarding any third party services included in this package is provided as a convenience only, without warranty by CSTS, and will be governed solely by the terms agreed upon between Licensee and the third party providing such services. To the maximum extent permitted by applicable laws, CSTS disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the software product. CSTS does not warrant that the functions contained on the Software will meet Licensee’s requirements, or that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. Furthermore, CSTS does not warrant or make any representations regarding the use or the results of the use of the Software or its documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by CSTS or its authorized representative shall create a warranty or in any way increase the scope of this warranty.

Because some states and jurisdictions do not allow the exclusion of implied warranties, the above limitation may not apply to you.

NO WAIVER OR ASSIGNMENT: No delay or failure to take action under this license will constitute a waiver unless expressively waived in writing, signed by a duly authorized representative of CSTS, and no single waiver will constitute a continuing or subsequent waiver. This License may not be assigned, sublicensed or otherwise transferred by Licensee, by operation of law or otherwise, without CSTS’ prior written consent, provided that Licensee may assign this License upon written notice to CSTS in instances in which such assignment is to an entity which acquires all or substantially all of the business of Licensee, whether by merger, consolidation, or acquisition of assets.

LIMITATION OF LIABILITY: To the maximum extent permitted under applicable laws, in no event shall CSTS, its directors, officers, employees or agents be liable for any incidental, indirect, or consequential damages whatsoever (including, but not limited to damages for loss of business profits, business interruption, and loss of business information) arising out of the use of or inability to use the software product or its documentation, even if CSTS or its authorized representative has been advised of the possibility of such damages. In no event shall CSTS’ total liability to Licensee for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount paid by Licensee for the Software and its documentation.

Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

CONTROLLING LAW AND SEVERABILITY: This License shall be governed by and construed in accordance with the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the license shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

 ENTIRE AGREEMENT: This License constitutes the entire agreement between the parties with respect to the use of the Software and its documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. There shall be no contract for purchase or sale of the Software except upon the terms and conditions specified herein. Any additional or different terms and conditions proposed by Licensee or contained in any purchase order are hereby rejected and shall be of no force and effect unless expressly agreed to in writing by CSTS. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of CSTS.

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