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END-USER LICENSE AGREEMENT (EULA) FOR THE VIRTUAL LOT MANAGER FROM COMPUTER IMAGES OF PUEBLO

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Computer Images of Pueblo. The SOFTWARE PRODUCT includes computer software, and may include associated media, printed materials, and "online" or electronic documentation. The SOFTWARE PRODUCT also includes any fixes, releases, upgrades, new versions or enhancements that may subsequently be issued to you. By purchasing, installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by United States Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Computer Images of Pueblo retains copyright to the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold. The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component. The term "WEB SITE" as used herein shall mean the computer or hardware that stores the source of the directory file structure of a single numeric IP address space, which is recorded under a single domain name in the Internet's domain name system.

1. GRANT OF LICENSE. This EULA grants you the following rights:

(a) Software Installation and Use.
Computer Images of Pueblo hereby grants you a single, non-exclusive, non-transferable license to use one copy of the SOFTWARE PRODUCT in accordance with the terms and conditions of the EULA. Any rights not expressly granted are reserved. You may install and use only one copy of the SOFTWARE PRODUCT on one web site and on one web server. If such usage is for several different web sites or for different customers, even if all copies are located on the same web server, such usage is prohibited unless additional licenses are purchased.

(b) Source Code Usage
This license prohibits selling, giving away, or otherwise distributing the source code for any of the scripts contained in this SOFTWARE PRODUCT, either in full or any subpart thereof. Nor may you use this source code, in full or any subpart thereof, to create derivative works or as part of another program that you either sell, give away, or otherwise distribute via any method. You may modify the source code to customize the "look and feel" of the SOFTWARE PRODUCT for your personal usage only.

(b) Co-branding Prohibited.
The SOFTWARE PRODUCT may not be co-branded or otherwise extended to any other web site. You are prohibited from allowing access to features of the SOFTWARE PRODUCT such that the SOFTWARE PRODUCT appears to reside on servers or be part of a web site in any way other than the computer or hardware for which the license to use the SOFTWARE PRODUCT has been granted. Such usage is expressly prohibited under this EULA. If you are interested in such usage of this program, you must contact Computer Images of Pueblo to make arrangements for obtaining a license for this type of usage. Notwithstanding the foregoing and except as otherwise provided below, any number of devices or users may access or otherwise utilize the end-user features and services of the SOFTWARE PRODUCT, such as creating or viewing content under this program that resides on a single server or computer and is a part of your web site only. For classified ads programs, this includes creating, modifying, deleting, or viewing classified ads posted on your server or computer using this SOFTWARE PRODUCT.

(c) Back-up Copy. 
You may make a single back-up copy of the SOFTWARE PRODUCT. You may use the back-up copy solely for archival purposes. You may not otherwise make copies of the SOFTWARE PRODUCT, including the printed materials accompanying the SOFTWARE.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. 

(a) Separation of Components. 
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer or hardware.

(b) Rental.
You may not rent, lease or lend the SOFTWARE PRODUCT. 

(c) Software Product Transfer.
You may not assign all or any part of your rights or obligations under this EULA without the prior written consent of Computer Images of Pueblo, and any attempt to the contrary will be void and a material breach of this EULA. Computer Images of Pueblo may withhold such consent in its sole discretion. Computer Images of Pueblo may not impose transfer fees as a condition of any permitted transfer. A transfer of this EULA will terminate any right to your continued possession or use of the SOFTWARE PRODUCT and you must promptly destroy all remaining copies of the SOFTWARE PRODUCT in your possession or under your control. No transfer shall be allowed unless the recipient agrees to the terms of this EULA.

(d) Termination.
This EULA shall continue in full force and effect in perpetuity unless terminated earlier in accordance with this or another section of this EULA. This EULA will terminate automatically if you breach any provision of it. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts and cease all further use of it. You further agree thatComputer Images of Pueblo has the right to use any and all means necessary to enforce its rights if you are in material breach of this agreement, including but not limited to the right to repossess the software electronically by disabling it remotely over the Internet. Termination will have no effect on your obligation to safeguard and protect proprietary rights of Computer Images of Pueblo, disclaimers and warranties, export restrictions, or the Refund Policy.

(e) Trademarks. 
This EULA does not grant you any rights in connection with any trademarks or service marks of this product or Computer Images of Pueblo, The Virtual Lot Manager. You are prohibited from removing the trademark or trademark logo, Viritual Lot Manager, by modifying the source code of the SOFTWARE PRODUCT in any manner.

(f) Copyright Notice. 
Unless you have purchased a waiver from Computer Images of Pueblo, you are prohibited from removing the "Powered by the Virtual Lot Manager and the link to the Virtual Lot Manger web site from the software. Under all circumstances, including purchase of the waiver for the logo requirement above, you are prohibited from removing the copyright notice from the software such that it is no longer visible on web pages generated by the software. Removal of the copyright notice by User such that it is no longer visible on web pages generated by the software shall constitute a material breach of this EULA.

3. UPGRADES. 
If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you were granted a license for as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer or web server.

4. COPYRIGHT.
(a) Ownership.
Except as noted below, all title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any source code, images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Computer Images of Pueblo. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. Any customization, modification, or revision of the source code of the SOFTWARE PRODUCT by you immediately becomes the intellectual property of Computer Images of Pueblo. The creation of derivative works based on or through the use of the source code of the SOFTWARE PRODUCT is prohibited. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner. This EULA grants you no rights to use such content. All rights not expressly granted under this EULA are reserved by Computer Images of Pueblo.

(b). Your Responsibilities.
You agree to use due diligence to safeguard and protect the SOFTWARE PRODUCT and all source code as the valuable trade secret and exclusive property of Computer Images of Pueblo. You will at all times use due diligence to safeguard and protect all such confidential and proprietary information pertaining to the SOFTWARE PRODUCT. You will ensure that all marks, notices or legends pertaining to the origin, identity or ownership of the SOFTWARE PRODUCT remain intact and clearly legible.

5. DUAL-MEDIA SOFTWARE PRODUCT. 
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the COMPUTER. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.

6. PRODUCT SUPPORT. 
Product support for the SOFTWARE PRODUCT is provided by Computer Images of Pueblo. For product support, please refer to the documentation included with the SOFTWARE PRODUCT, such as the "Readme" file. Should you have any questions concerning product support, or if you desire to contact Computer Images of Pueblo for any other reason, please refer to the contact information provided in the other documentation included with the SOFTWARE PRODUCT.

7. PRICE & PAYMENT. 
(a) Price.
You agree to pay Computer Images of Pueblo the applicable license fee determined by reference to the Virtual Lot Manager published prices at the time the SOFTWARE PRODUCT was ordered. Payment of the license fee entitles you to use the licensed program in accordance with this EULA during the stated term. If the license fee is based on usage, then you will maintain any necessary usage records for calculating fees according to the documentation.

(b) Payment.
Unless otherwise stated on Computer Images of Pueblo invoice, the applicable fees and shipping charges are payable by you promptly upon delivery. You will pay all sales, use, value-added, GST, personal property or other governmental tax or levy associated with this transaction (including interest and penalties imposed thereon) other than taxes based on the net income or profits of Computer Images of Pueblo. You also agree to pay any applicable fees for installation, customization, or other product support. If you fail to pay any amount when due, your license to use the SOFTWARE PRODUCT will automatically terminate and you will pay all costs of enforcement, including reasonable legal fees.

8. EXPORT RESTRICTIONS. 
You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the SOFTWARE PRODUCT: (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, which as of March 1998 include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any person or entity who you know or have reason to know will utilize the SOFTWARE PRODUCT or portion thereof in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.

If SOFTWARE PRODUCT is labeled "North America Only Version" on the SOFTWARE PRODUCT packaging or other written materials, then the following applies: The SOFTWARE PRODUCT is intended for distribution only in the United States, its territories and possessions (including Puerto Rico, Guam, and U.S. Virgin Islands) and Canada. Export of the SOFTWARE PRODUCT from the United States is regulated under "EI controls" of the Export Administration Regulations (EAR, 15 CFR 730-744) of the U.S. Commerce Department, Bureau of Export Administration (BXA). A license is required to export the SOFTWARE PRODUCT outside the United States or Canada. You agree that you will not directly or indirectly, export or re-export the SOFTWARE PRODUCT (or portions thereof) to any country, other than Canada, or to any person or entity subject to U.S. export restrictions without first obtaining a Commerce Department export license. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked or denied your export privileges. 

DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE LICENSED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Should the Program prove defective, you and not Computer Images of Pueblo assume the entire risk of using the program and the entire cost of any service and repair. Failure to install the program is not a valid reason for requesting a refund of the purchase price. This disclaimer of warranty constitutes an essential part of this agreement.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. 
To the maximum extent permitted by applicable law, in no event shall Computer Images of Pueblo be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Computer Images of Pueblo has been advised of the possibility of such damages. In any case, Computer Images of Pueblo entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE.

NO WARRANTY FOR "YEAR 2000" OR "Y2K" COMPLIANCE:
To the best of our knowledge, the SOFTWARE PRODUCT will correctly recognize dates beyond December 31, 1999. This assumes, however, that your operating system, your server's BIOS, your Perl installation, and any other hardware or software that may interact with the SOFTWARE PRODUCT are also Y2K compliant. If they are not, then that will cause problems for this SOFTWARE PRODUCT as well, as it obtains time and date variables from the underlying operating system, which may also depend on a proper BIOS setting for your server and a proper installation of Perl. Because there are so many other possible sources for non-compliance that we do not have any control over, Computer Images of Pueblo specifically disclaims any warranty that the SOFTWARE PRODUCT is Y2K compliant. We highly recommend that you make backups of all important data on or before December 31, 1999, just in case some other component of your system is not Y2K compliant.

REFUND POLICY

THE SOFTWARE PRODUCT AND THE ACCOMPANYING FILES ARE LICENSED TO YOU "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT THERE SHALL BE ABSOLUTELY NO REFUNDS FOR ANY REASON WHATSOEVER, INCLUDING FAILURE TO INSTALL THE PROGRAM, A CHANGE IN MARKET CONDITIONS, A CHANGE IN BUSINESS OR WEB SITE STRATEGY, A CLAIM THAT THE PRODUCT DOES NOT SUIT YOUR NEEDS OR IS NOT WHAT YOU EXPECTED, MODIFICATIONS OF THE SOURCE CODE IMPLEMENTED BY THE USER THAT ALTER THE FUNCTIONALITY OF THE SOFTWARE PRODUCT OR THAT ARE NOT IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE SOFTWARE PRODUCT, THE UNAVAILABILITY OF Computer Images of Pueblo FOR CUSTOMIZATIONS TO THE SOFTWARE PRODUCT, OR FOR ANY OTHER REASON.

BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE EXERCISED DUE DILIGENCE IN ASCERTAINING THAT THE SOFTWARE PRODUCT WILL RUN ON YOUR WEB SERVER AND THAT IT WILL MEET YOUR NEEDS.

If neither you nor we are able to successfully install the SOFTWARE PRODUCT on your web server after you have purchased the Professional Installation option, Computer Images of Pueblo will host the SOFTWARE PRODUCT for you on our web servers until you are able to find a suitable web server, for a period not to exceed thirty (30) days.

SPECIAL PROVISIONS

U.S. GOVERNMENT RESTRICTED RIGHTS. 
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States 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. Manufacturer is Computer Images of Pueblo, 837 El Nido Dr, Pueblo West, CO 81007.

This End User License Agreement and Warranty are governed by the laws of the State of Colorado, U.S.A.

This document constitutes the entire and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all other communications, whether written or oral. Any provision found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.

To ORDER

Computer Images of Pueblo
837 El Nido Dr Pueblo West, CO 81007

 

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