PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.

MyWebBrochure, LLC. (MyWebBrochure) and Licensee agree that the terms and conditions of this agreement and any applicable addenda shall govern Licensee's use and distribution of the MyWebBrochure software.

1. Definitions.

1.1 “MyWebBrochure Intellectual Property” means MyWebBrochure’s copyrights, trade secrets, and patents in the MyWebBrochure Software.

1.2 “MyWebBrochure Software” means any source code copyrighted by MyWebBrochure.

1.3 “End-User” means an individual or entity that licenses MyWebBrochure Software for their or its own personal or business purpose.

1.4 “Licensee” means the “End User” identified above.

1.5 “Licensee Programs” means computer programs developed or reproduced by or for the Licensee.

1.6 “Licensee’s Site” means any of the following:

• a. Licensee’s page/URL on the World Wide Web.
• b. Licensee’s FTP site.
• c. Licensee’s online service.

License

MyWebBrochure hereby grants to Licensee a single use, single site license under MyWebBrochure Intellectual Property (as defined in Paragraph 1.1 above) for the sole purpose of posting a single website under the conditions of this agreement. This license grant is expressly conditioned upon Licensee's compliance with the following requirements:

(a) The Licensee is not permitted to distribute any part of the source code created by MyWebBrochure unless expressly listed in Appendix A of this license.

The Licensee acknowledges that the MyWebBrochure Software is proprietary to MyWebBrochure and the MyWebBrochure retains all right, title, and interest in and to the MyWebBrochure Software, including without limitation all copyrights and other proprietary rights.

EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, LICENSEE SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.

MyWebBrochure may from time-to-time revise the MyWebBrochure Software. MyWebBrochure reserves the right in its sole discretion to license any new MyWebBrochure Software version separately, at an additional license fee.

Termination

If any breach of this Agreement by Licensee continues for more than fifteen (15) days after Licensee's receipt of written notice of such breach. MyWebBrochure may terminate this Agreement, whereupon this license and all rights granted to Licensee herein shall immediately cease. Upon termination, Licensee must destroy all copies of Software including any documentation.

Licensee may terminate this License at any time by destroying all copies of MyWebBrochure Software including any documentation.

Consideration

Licensee agrees to pay MyWebBrochure for a MyWebBrochure site. The licensing fee may or may not include the annual hosting fee and is dependant upon the product package being purchased. License fees are due and payable in United States currency upon execution of this Agreement by Licensee.

Continuation Services

For any agreements between MyWebBrochure and the Licensee that require an annual fee, MyWebBrochure shall terminate the agreement automatically upon any failure of the Licensee to pay required fees due within the specified time period of the MyWebBrochure Terms and Conditions of the product.

Disclaimer of Warranty

MyWebBrochure licenses the Software to Licensee on an "AS IS" basis. MyWebBrochure MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABLILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE MYWEBBROCHURE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH LICENSEE PROGRAM. Neither Licensee, its employees, agents or distributors have any right to make any other representation, warranty or promise with respect to the MyWebBrochure Software.

IN NO EVENT WILL MYWEBBROCHURE OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF MYWEBBROCHURE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall MyWebBrochure's or its suppliers' liability to Licensee, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Licensee. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

No Indemnification by MyWebBrochure

MyWebBrochure shall have no obligation to indemnify, defend or hold harmless Licensee from and against any claim that the MyWebBrochure Software infringes any third party patent, copyright, or other intellectual property right.

Indemnification by Licensee

Licensee shall indemnify, defend and hold MyWebBrochure harmless from any and all claims, damages, losses, liabilities, costs and expenses ( including reasonable fees of attorneys and other professionals) arising out of or in connection with Licensee's use, or the use of the MyWebBrochure Software incorporated in Licensee Programs. MyWebBrochure shall promptly notify Licensee of any such claim and shall provide reasonable cooperation and assistance in connection with such claims.

Export

Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import MyWebBrochure Software.

Relationship of the Parties

Nothing stated in this Agreement will be construed as creating the relationships of joint venturers, partners, employer and employee, franchisor and franchisee, master and servant, or principal and agent.