AlfaPad Notes Organizer 2011

EULA - End User License Agreement

ALFAPAD NOTES ORGANIZER VERSION 2011 END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY:This AlfaPad Notes Organizer End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and AlfaAlfa Software Corporation for the SOFTWARE(s) identified above, which includes any associated SOFTWARE components, any media, any printed materials, and any "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE. If the SOFTWARE was mailed to you, return the media envelope, UNOPENED, along with the rest of the package to the location where you obtained it within 30 days from purchase.

1. The SOFTWARE is licensed, not sold.

2. GRANT OF LICENSE.

(a) Evaluation Copy. You may use the SOFTWARE without charge on an evaluation basis for thirty times. You must pay the license fee and register your copy to continue to use the SOFTWARE after the thirty (30) uses. If you continue to use the SOFTWARE after the thirty (30) uses without paying the license fee you will be using the SOFTWARE on an unlicensed basis.

(b) Redistribution of Evaluation Copy. If you are using SOFTWARE on an evaluation basis you may make copies of the evaluation SOFTWARE as you wish; give exact copies of the original evaluation SOFTWARE to anyone; and distribute the evaluation SOFTWARE in its unmodified form via electronic means (Internet, Shareware distribution libraries, CD-ROMs, etc.). You may not charge any fee for the copy or use of the evaluation SOFTWARE itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the evaluation SOFTWARE (e.g. packaging). You must not represent in any way that you are selling the SOFTWARE itself. Your distribution of the evaluation SOFWARE will not entitle you to any compensation from AlfaAlfa Software Corporation. You must distribute a copy of this EULA with any copy of the SOFTWARE and anyone to whom you distribute the SOFTWARE is subject to this EULA.

(c) Registered Copy. After you have purchased the license for the SOFTWARE, and have received the registration code enabling the registered copy, you are licensed to copy the SOFTWARE only into the memory of the number of computers corresponding to the number of licenses purchased. The primary user of the computer on which each licensed copy of the SOFTWARE is installed may make a second copy for his or her exclusive use on a portable computer. Under no other circumstances may the SOFTWARE be operated at the same time on more than the number of computers for which you have paid a separate license fee. You may not duplicate the SOFTWARE in whole or in part, except that you may make one copy of the SOFTWARE for backup or archival purposes. You may terminate this license at any time by destroying the original and all copies of the SOFTWARE in whatever form. This license is not transferable to any other hardware product or other company, entity, or individual.

3. RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of copyright) or for any illegal purpose.

4. SUPPORT SERVICES. AlfaAlfa Software Corporation may provide you with support services related to the SOFTWARE. Use of Support Services is governed by the AlfaAlfa Software Corporation polices and programs described in the user manual, in online documentation, and/or other AlfaAlfa-provided materials, as they may be modified from time to time. Any supplemental SOFTWARE code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to AlfaAlfa Software Corporation as part of the Support Services, AlfaAlfa Software Corporation may use such information for its business purposes, including for product support and development. AlfaAlfa Software Corporation will not utilize such technical information in a form that personally identifies you.

5. TERMINATION. Without prejudice to any other rights, AlfaAlfa Software Corporation may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE.

6. COPYRIGHT. The SOFTWARE is protected by Canadian copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of AlfaAlfa Software Corporation and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

7. U.S. GOVERNMENT INFORMATION. Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this package shall be subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013 (Oct 1988) and FAR 52.227-19 (Jun 1987). The Contractor is AlfaAlfa Software Corporation, 286 Cosburn Ave, M4J 2M3 Toronto, Ontario, Canada.

8. NO WARRANTIES. AlfaAlfa Software Corporation EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

9. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

10. LIMITATION OF LIABILITY. IN NO EVENT SHALL ALFAALFA SOFTWARE CORPORATION OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF ALFAALFA SOFTWARE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ALFAALFA SOFTWARE CORPORATION'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S. $1.00 OR LICENSE FEE PAID BY YOU.

11. GOVERNING LAW. This agreement shall be governed by the laws of the Province of Ontario (Canada) excluding the application of its conflicts of law rules and shall inure to the benefit of AlfaAlfa Software Corporation and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a PROVINCIAL or FEDERAL COURT of competent jurisdiction located in Canada, Toronto, Ontario. The parties hereby consent to in personam jurisdiction of said courts. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

12. ENTIRE AGREEMENT. This is the entire agreement between you and AlfaAlfa Software Corporation which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.

13. RESERVED RIGHTS. All rights not expressly granted here are reserved to AlfaAlfa Software Corporation.

Should you have any questions concerning this EULA, or if you desire to contact AlfaAlfa Software Corporation for any reason, please contact AlfaAlfa Software Corporation by electronic mail at: support@alfaalfa.com.