END-USER LICENSE AGREEMENT FOR E-MOD SOFTWARE

IMPORTANT-READ CAREFULLY: This End-User License Agreement ('EULA') is a legal agreement between you (either an individual or a single entity) and E-MOD SOFTWARE for the E-MOD SOFTWARE product accompanying this EULA, which includes computer software and may include associated media, printed materials, and online or electronic documentation ('SOFTWARE PRODUCT'). By installing, copying, or otherwise using the SOFTWARE PRODUCT, 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, copy, or use the SOFTWARE PRODUCT.
1. GRANT OF LICENSE
This Software is free, the E-MOD SOFTWARE hereby grants to you, and you receive, a SINGLE SINGLE SOFTWARE SOFTWARE license to install, use and display a single copy of the SOFTWARE PRODUCT. You can move the SOFTWARE PRODUCT from one computer to another, and this SOFTWARE PRODUCT can be used on more than one computer at a time during this time only to use the SOFTWARE SOFTWARE.
2. RIGHTS IN SOFTWARE PRODUCT
You acknowledge that the SOFTWARE PRODUCT and any copies, regardless of the form or media in which the original or copies may exist, are the sole and exclusive property of E-MOD SOFTWARE; by accepting this EULA, you do not become the owner of the SOFTWARE PRODUCT recorded on the media. You further acknowledge that the SOFTWARE PRODUCT, including the code, logic and structure of the SOFTWARE PRODUCT, contain valuable trade secrets belonging to E-MOD SOFTWARE. You agree to secure and protect the SOFTWARE PRODUCT consistent with the maintenance of E-MOD SOFTWARE rights in the SOFTWARE PRODUCT, as set forth in this EULA.
3. COPYRIGHT
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images and text incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by E-MOD SOFTWARE or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed materials, if any, accompanying the SOFTWARE PRODUCT.
4. CREATING APPLICATIONS
You may freely distribute your own applications that use the SOFTWARE PRODUCT as a runtime component ('Applications') without payment E-MOD SOFTWARE, if and only if the Applications: (a) contain only the runtime component of the SOFTWARE PRODUCT; and (b) contain no modifications to the SOFTWARE PRODUCT (including alterations to the original proprietary notices); and (c) do not provide substantially the same functionality as the SOFTWARE PRODUCT or have as one of their purposes to build other software that would compete with the SOFTWARE PRODUCT; and (d) do not reproduce or distribute any portion of the documentation for the SOFTWARE PRODUCT or document the Application in a manner that identifies the programmatic interface to the SOFTWARE PRODUCT; and (e) are subject to a license agreement that (i) limits Application end-users use of the SOFTWARE PRODUCT to a runtime component, (ii) restricts the Application end-user from changing, altering or modifying the SOFTWARE PRODUCT, creating derivative works, translations, reverse assembling, reverse compiling, disassembling, or in any way reverse engineering the SOFTWARE PRODUCT, and (iii) prevents the Application end-user from sublicensing, renting, distributing, leasing or otherwise transferring or assigning any portion of the SOFTWARE PRODUCT other than as specifically permitted in this EULA.

5. GRANT OF SOURCE CODE USE LICENSE

The source code for parts of the Software is provided by the E-MOD SOFTWARE, in a separate installation package.
(i) Users may not distribute or disclose the Source Code, or any part or modification or derivative work, to any third party, in the form of source code; (ii) User acknowledges that the Source Code contains valuable trade secrets and E-MOD SOFTWARE property rights, and agrees to issue all efforts to ensure confidentiality; (iii) In any case, the Source Code may not be used, in whole or in part, as a basis for creating products that provide functionality that is the same, or substantially the same, as any E-MOD SOFTWARE product; (iv) and (v) Users will not request technical support or error correction from the E-MOD SOFTWARE on problems arising from any modifications to the Source Code.
6. SAMPLE APPLICATIONS
Solely with respect to those portions of the SOFTWARE PRODUCT identified as sample code ('Sample Code'), E-MOD SOFTWARE also grants you the right to use and modify the Sample Code for the sole purposes of designing, developing, and testing software product(s), and to reproduce and distribute the Sample Code, along with any modifications thereof, provided that you agree to: (A) distribute the Sample Code only in conjunction with and as a part of a software application product or Web page developed by you that adds significant and primary functionality or design to the Sample Code ('Application'); (B) not use E-MOD SOFTWARE name, logo, or trademarks to market the Application; (C) include a valid copyright notice on the Application; (D) indemnify, hold harmless, and defend E-MOD SOFTWARE from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of the Application; (E) not permit further distribution of the Sample Code by your end user.
7. TERM
This EULA will be eternal unless you fail to comply with any of its provisions, in which case it will end immediately, and without prior notice, provided that the copy of the runtime component of the SOFTWARE PRODUCT which is part of the Application provided to a third party may be maintained by the party the third licensed is in accordance with this EULA. After termination or expiration of this EULA, you must destroy the original copy and all copies, complete or partial, of the SOFTWARE PRODUCT, and will not access the media for the purpose of restoring one of these SOFTWARE PRODUCTS.
8. DISCLAIMER OF WARRANTY.
THIS SOFTWARE PRODUCT IS PROVIDED 'AS IS,' WITHOUT ANY WARRANTY, AND THE USE OF THIS SOFTWARE PRODUCT IS AT YOUR OWN RISK.
9. ENTIRE AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS LICENSE IS A COMPLETE AND EXCLUSIVE STATEMENT FROM E-MOD SOFTWARE AND YOU, WHICH GET EVERY PROPOSAL, OR LICENSE, LICENSE, LICENSE OR WRITTEN, AND OTHER COMMUNICATIONS RELATED TO THE SOURCES OF THIS INCOME.
10. MISCELLANEOUS
If any term of this EULA shall be found invalid, the term shall be modified or extended to the extent necessary, and the remainder of the EULA shall continue in full effect.
remainder of the EULA shall continue in full effect.