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C2BII End-User Software License Agreement

"Software" is defined as the C2BII computer program with which this Software License Agreement ("Agreement") is included, any updates or maintenance releases thereto, and any documentation and/or data files relating to such computer program, updates or maintenance releases.

The Software is distributed by www.c2bii.com on behalf of Licensor.  This Agreement sets forth the terms and conditions for licensing of the Software from Licensor to you ("you" or "Licensee"), and installing the Software indicates that you have read and understand this Agreement and accept its terms and conditions. Do not install and/or use the Software until you have carefully read this Agreement.  If you do not agree with the terms and conditions of this Agreement, promptly contact Licensor to resolve the issue before installing and/or using the Software.

The Software must be installed on a computer pre-installed with Microsoft SQL Server 2005 Express Edition or other edition of Microsoft SQL Server 2005. No other computer platform is compatible with the Software at this time.   Microsoft SQL Server 2005 Express Edition is available at http://msdn.microsoft.com/vstudio/express/sql/register/default.aspx.

You can elect to install one of several versions of the Software, which include a Demo Version, an Analyzer Version, and a Full Version.  The Demo version of the Software provides for full functionality over limited data sets and is intended to allow users to evaluate the Software before purchasing an activation code to either the Analyzer version or the Full Version.  The Analyzer version has reduced functionality (e.g., the user is not capable of making entries in most of the set-up files, but is capable of processing data files that have been created by a “Full Version” user) and is intended to be used by users that lack a sound understanding of accounting principles and tax laws of the jurisdiction(s) relevant to their business entity.  The Full version of the Software provides for full functionality and is intended to be used by users that have a sound understanding of accounting principles and tax laws of the jurisdiction(s) relevant to their business entity.  Users can purchase activation codes for the Analyzer and Full Versions of the Software at www.c2bii.com.

Subject to the terms and conditions of this Agreement, upon purchase of an activation code for the Analyzer Version or Full Version of the Software, you are granted a limited non-exclusive license to: (1) use the respective Analyzer Version or Full Version of the  Software on one computer used by a single business entity solely for its intended purpose; and (2) make one backup copy of the respective Analyzer Version or Full Version of the Software solely for backup purposes but for no other purpose.

Your rights in the respective Analyzer Version or Full Version of the Software cannot be transferred to another party.  You agree not to: (1) make additional copies of the respective Analyzer Version or Full Version of the Software except as provided above; (2) enable others to use your activation code(s) for respective Analyzer Version or Full Version of the Software; (3) distribute copies of the respective Analyzer Version or Full Version of the Software to another person or business entity; (4) install the respective Analyzer Version or Full Version of the  Software on computers used by individuals or business entities who have not purchased the appropriate activation codes for the Software from Licensor; or (5) duplicate the respective Analyzer Version or Full Version of the Software by any other means including electronic transmission.

You are free to: (1) make additional copies of the Demo Version of the Software; and (2) duplicate and/or distribute copies of the Demo Version of the Software to another person or business entity by any means including electronic transmission.

The Software in its entirety is protected by copyright laws. The Software also contains the trade secrets of Licensor, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form or disclose such trade secrets, or disable any functionality which limits the use of the Software. You may not attempt to modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Software, or create derivative works based upon the Software or any part thereof. 

This Agreement may be terminated by Licensor immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately destroy all complete and partial copies of the Software, including all backup copies.

Licensor shall have the right to change or add to the terms of this Agreement at any time, and to change, discontinue or impose conditions on any feature or aspect of the Software. Such changes shall be effective upon notification by any means reasonable to give you actual or constructive notice, or upon posting such terms in the Software, and your continued use of the Software will indicate your agreement to any such change. For the latest version of this Agreement go to www.c2bii.com or such other site designated by Licensor. 

EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, SECURITY, QUALITY, MERCHANTABILITY, OR THEIR NONINFRINGEMENT.

LICENSOR DOES NOT WARRANT THAT THE SOFTWARE IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THE LICENSE FOR THE SOFTWARE. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM JURISDICTION TO JURISDICTION. 

THE SOFTWARE IS DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT LICENSOR AND ITS REPRESENTATIVES ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT.

LICENSOR EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS.  IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF CHANGES IN LAWS, REGULATIONS AND ACCOUNTING PRACTICES THAT AFFECT YOU AND YOUR BUSINESS.

THE ENTIRE LIABILITY OF LICENSOR AND ITS REPRESENTATIVES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE LICENSEE FOR THE SOFTWARE LICENSED FROM LICENSOR OR ITS AUTHORIZED RESELLER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF THE DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LICENSOR AND YOU. LICENSOR WOULD NOT HAVE BEEN ABLE TO PROVIDE THE SOFTWARE TO YOU WITHOUT SUCH LIMITATIONS.

 This Agreement sets forth Licensor’s and its Representatives' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and Licensor with respect to the Software or any related services, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Software, its content or any related services.

This Agreement does not limit any rights that Licensor may have under trade secret, copyright, patent, trademark or other laws. The Representatives of Licensor are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Licensor, other than in writing signed by an officer of Licensor. Accordingly, such additional statements are not binding on Licensor and you should not rely upon such statements.

If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. No delay or failure on the part of Licensor in the exercise of any right granted under this Agreement, or available at law or in equity, shall be construed as a waiver of such right.

The validity and performance of this Agreement shall be governed by the laws of Greece. You agree to submit to the jurisdiction of the courts of Athens, Greece and waive any objection to venue in such courts. This Agreement is deemed entered into at Athens, Greece and shall be construed as to its fair meaning and not strictly for or against either party.

The Software is based upon and implements patent-pending software technology, which is identified at http://www.c2bii.com/index.php?option=com_content&task=view&id=16&Itemid=47.

The Software contains third party functionality, including:

            i)  the CarlosAg Excel Xml Writer Library, available at http://www.carlosag.net/Tools/ExcelXmlWriter/Default.aspx; and

            ii)  Telerik radcontrols for winforms, available from Telerik, Inc. of Sofia, Bulgaria, http://www.telerik.com/products/winforms/overview.aspx.

 

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