FillPerfect Automatic Form Filler 2.1.0.3

EULA - End User License Agreement

2424 Software, LLC END USER SOFTWARE LICENSE AGREEMENT

This is a binding legal agreement between you and 2424 Software, LLC ("2424 Software"), makers of FillPerfect.

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE INSTALLING THE FILLPERFECT SOFTWARE. BY INSTALLING THE FILLPERFECT SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK "CANCEL" AND DO NOT INSTALL THE SOFTWARE AND DO NOT ACTIVATE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE FILLPERFECT SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF YOU PURCHASED THE SOFTWARE FROM THE WWW.FILLPERFECT.COM WEB SITE, CONTACT 2424 SOFTWARE FOR A REFUND.

2424 Software grants you a license to use the FillPerfect software ("FillPerfect") in accordance with the terms and conditions below.

1. General.

FillPerfect is licensed, not sold, to you by 2424 Software for use only under the terms of this License, and 2424 Software reserves all rights not expressly granted to you. FillPerfect is the proprietary product of 2424 Software and its licensors and is protected by copyright and other intellectual property laws. 2424 Software, or its licensors, shall at all times retain all rights, title, interest, including intellectual property rights, in FillPerfect and any supplied media.

2. Software Upgrades.

The terms of this License will govern any software upgrades provided by 2424 Software that replace and/or supplement the original FillPerfect product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

3. Trademarks.

FillPerfect is a registered trademark by 2424 Software, LLC. 2424 Software acknowledges all trademarks found in this license, in the software package, and in the documentation.

4. Permitted License Uses and Restrictions.

A. Subject to the terms and conditions of this License, you are granted a limited non-exclusive, not-transferable license to install and use FillPerfect on a single computer only. You may not make FillPerfect available over a network where it could be used by multiple computers at the same time. You may make copies of FillPerfect in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.

B. If you are installing FillPerfect for evaluation, you have the right to use FillPerfect for ten days from the date of product activation. After the 10 day evaluation period, you agree to uninstall FillPerfect if you decide not to purchase it.

C. If you have purchased FillPerfect, you have the right to download and install new versions of FillPerfect for one year from the date of product activation.

D. You may not and you agree not to, or to enable others to, copy except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of FillPerfect, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of 2424 Software and its licensors of FillPerfect.

E. You agree to not remove any product identification, copyright notices, or other notices or proprietary restrictions from FillPerfect, its packaging, and associated documentation.

F. You agree to not rent, lease, lend, redistribute, sublicense, or transfer FillPerfect.

5. Product Activation.

A. Whether you are installing an evaluation version or the standard version of FillPerfect, a product activation process will be required the first time you use FillPerfect's AutoFill feature. Product Activation requires that you enter into FillPerfect a short activation code emailed to you a few mintues after downloading or purchasing FillPerfect from the www.FillPerfect.com web site. License activation does not send any personally identifying information to the license server.

B. When upgrading from the evaluation product, we will send you a product activation code for the purchased product. FillPerfect will not need to be reinstalled and your profile data will not need to be reentered, making the transition to the purchased product extremely easy, taking only a few minutes.

6. Termination.

This License is effective until terminated. Your rights under this License will terminate automatically without notice from 2424 Software if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of FillPerfect and uninstall and destroy all copies, full or partial, of FillPerfect.

7. Limited Warranty on Media.

2424 Software warrants the media, if any, on which FillPerfect is recorded and delivered by 2424 Software to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at 2424 Software's option, a refund of the purchase price of the product containing FillPerfect or replacement of FillPerfect which is returned to 2424 Software or a 2424 Software authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

8. Disclaimer of Warranties.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF FILLPERFECT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FILLPERFECT and 2424 SOFTWARE SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND 2424 SOFTWARE AND 2424 SOFTWARE'S LICENSORS (COLLECTIVELY REFERRED TO AS "2424 SOFTWARE" FOR THE PURPOSES OF SECTIONS 8 AND 9) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO FILLPERFECT AND 2424 SOFTWARE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF RELIABILITY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 2424 SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN FILLPERFECT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF FILLPERFECT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN FILLPERFECT WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT FILPERFECT IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, FILLPERFECT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 2424 SOFTWARE OR A 2424 SOFTWARE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD FILLPERFECT OR 2424 SOFTWARE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability.

A. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL 2424 SOFTWARE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE FILLPERFECT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF 2424 SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall 2424 Software's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed your purchase price of FillPerfect. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

B. When using FillPerfect, you are responsible for checking the operation of FillPerfect to insure that fields are filled in appropriately and correctly. Prior to submitting any form, you must check all of the fields and all data entered. If FillPerfect makes a mistake in filling out any form and you submit the form, 2424 Software shall not be held liable for any financial or other loss.

10. Export Control.

You may not use or otherwise export or reexport FillPerfect except as authorized by United States law and the laws of the jurisdiction in which FillPerfect was obtained. In particular, but without limitation, FillPerfect may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using FillPerfect, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.

11. Government End Users.

FillPerfect and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

12. Controlling Law and Severability.

This License will be governed by and construed in accordance with the laws of the State of Texas, as applied to agreements entered into and to be performed entirely within Texas between Texas residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

13. Complete Agreement.

This License constitutes the entire agreement between the parties with respect to the use of FillPerfect licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter, with the exception of any additional terms and conditions you are required to accept if you choose to 2424 Software's online store, www.FillPerfect.com, which will govern your use of such store and any services or products you purchase through that store. No amendment to or modification of this License will be binding unless in writing and signed by 2424 Software.

14. Governing Language.

Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern. Please note that FillPerfect only supports forms that are in English.