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END USER LICENSE AGREEMENT


IMPORTANT NOTICE

PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE IN ANY WAY YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SOFTWARE IN ANY WAY, AND IMMEDIATELY NOTIFY SOLOASSIST FORMALLY. IN ADDITION YOU ARE REQUIRED TO DELETE ANY COPIES OF THIS SOFTWARE FROM ANY COMPUTER HARDWARE IN YOUR POSSESSION.

LICENSE GRANT

This EULA is a legal agreement between you, either an individual or a single entity, (“You”) and SoloAssist Pty Ltd (“SoloAssist”). SoloAssist grants You a non-exclusive and non-transferable license to use SoloAssist Quoting & Job Management (SAQJM), which includes any associated media, documentation, updates and product keys (“Software”). The Software also includes any updates, add-on components, web services and supplements that SoloAssist may in the future provide to You or make available to You, to the extent such items are not accompanied by a separate license agreement or terms of use.

Each license of the Software grants You the right to install the Software on up to two (2) computer hardware devices for the sole use by one named user. You can only physically operate one installation of the Software under this EULA at any time. You may use the Software only within your physical business or personal premises. You may also use the Software on portable computer hardware such as laptop computers so long as the Software is only being used by You exclusively for your business. You agree to use your best efforts to prevent and protect the contents of the Software from unauthorized use or disclosure. You agree that you will obtain this Software and its Product Key only from SoloAssist and that you will only install a Product Key obtained directly from SoloAssist.

CONNECTIVITY

The Software requires the use of an active internet connection to access online services provided by SoloAssist. By using the Software, You agree to allow the Software to make use of your internet connection and any required resources in order to allow the Software to access these online services. You agree to allow the Software to use these resources as often as necessary and to connect to these online services as often as necessary. The Software may also transmit information to SoloAssist regarding the operation of the Software. This information may at times contain information that can in avertedly allow SoloAssist to derive your identity. You agree to allow the Software to collect and transmit such information to SoloAssist, which is used to improve the services provided to You by SoloAssist.

RESTRICTIONS

You may not lease, rent, sell or otherwise transfer or distribute copies of the Software to others, nor may you create derivative works of the Software. You may not modify or translate the Software without the prior consent of SoloAssist. You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to create the source code from the Software. You agree that aspects of the licensed materials, including the specific design and structure of individual aspects of the Software, constitute trade secrets and/or copyrighted material of SoloAssist. You agree not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of SoloAssist. You agree to implement reasonable security measures to protect such trade secrets and copyrighted material.

You may not delete, remove, hide, move or alter any Icon, Image or Text that represents either the company name or product name of SoloAssist or any derivation thereof. All representations to the company name and product name must remain as originally distributed regardless of the presence or absence of a copyright symbol. The only exception to this is the “SoloAssist” image used as an example logo when printing quotes. This may be changed to your own logo using the provisions provided by the Software.

You may not copy or redistribute the Software or any printed material accompanying the Software without prior written consent from SoloAssist. You may however make copies of any sample quote files included with the Software and use these sample quote file copies for normal usage purposes as indicate by this EULA.

TERM

This license is effective until terminated. You may terminate this license at any time by destroying the Software and your Product Key. Without prejudice to any other rights, SoloAssist 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 and all of its component parts. This license automatically terminates if You fail to comply with its terms and conditions. You agree that, upon such termination, You will either destroy (or permanently erase) all copies of the Software and your Product Key. SoloAssist reserves the right to terminate this EULA should You fail to remit payment for any outstanding balance owed by You to SoloAssist, including compulsory annual license renewal payments.

LICENSE RENEWAL

A mandatory License Renewal payment applies for each license, starting 12 months from the date of purchase. A License Renewal includes another 12 months of continued software access, software updates and technical support. License Renewal payments will be given a 30 day grace period from the license expiry date for late payment. After this time, the license will be deactivated, which will terminate access to the software. Reactivating a license will require the current License Renewal payment to be paid, plus an administration re-setup fee of $55.00. If an unpaid License Renewal has lapsed more than 6 months, then the license expiry date will be changed to 12 months from the date of payment when reactivated. If a deactivated or unpaid License Renewal is paid before lapsing 6 months, then the license expiry date will remain unchanged. Once reactivated, the software will automatically download all updates to date. If a License Renewal payment has been made to SoloAssist from a previous user account holder with a deactivated or terminated license, and the administration re-setup fee of $55.00 is unpaid, then the license will not be reactivated nor will a refund be granted back to the previous account holder by SoloAssist. Once a License Renewal payment is received in full within the guidelines stated on the Invoice and this EULA, then their account will be reinstated and the user license reactivated.

The Software and its source code are proprietary products of SoloAssist and are protected by copyright laws as well as other intellectual property laws and treaties. The Software is licensed, not sold, to You. This includes any updates or upgrades to the Software licensed to You by SoloAssist. Title to the Software shall remain solely with SoloAssist.

This EULA does not grant You any rights in connection with any trademarks or service marks of SoloAssist. All title and intellectual property rights in and to the Software, including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the Software, the accompanying printed materials, and any copies of the Software, are owned by SoloAssist. All rights not expressly granted under this EULA are reserved by SoloAssist.

DISCLAIMER OF WARRANTIES

SoloAssist provides the Software “AS IS” without warranty of any kind either express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, usage or trade practice. You acknowledge that no promise, representation, warranty or undertaking has been made or given by SoloAssist to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the Software. You have relied upon your own skill and judgment in deciding to acquire the Software for use by You. In no event does SoloAssist warrant that the Software is error free or that You will be able to operate the Software without problems or interruptions.

DISCLAIMER OF DAMAGES

IN NO EVENT WILL SOLOASSIST BE LIABLE FOR ANY LOST REVENUE OR DATA OR OTHER DIRECT OR INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE FOR ANY REASON WHATSOEVER INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, OR SUPPLY OR NON-SUPPLY OF THE SOFTWARE, EVEN IF SOLOASSIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM BY ANY OTHER PARTY. SOLOASSIST’S TOTAL LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT IS IN ANY CASE LIMITED TO EITHER THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE FOR ANY CLAIM DURING THE FIRST 90 DAYS FOLLOWING THE PURCHASE OR THE AMOUNT OF THE ANNUAL SOFTWARE MAINTENANCE PAID FOR ANY CLAIM THEREAFTER. THE FORGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.

This EULA is subject to change at any time at the discretion of SoloAssist Pty Ltd.


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