End-User License Agreement

EasyTour

IMPORTANT - PLEASE READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and TimeKeeping Systems ("TKS") for the TKS software accompanying this Agreement, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("Software Product" or "Software").

By continuing the installation process, or by exercising your rights to make and use copies of the Software Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return this package to the place from which you obtained it.

SOFTWARE PRODUCT LICENSE. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.

GRANT OF LICENSE. The software which accompanies this license (the "Software") is the property of TKS and is protected by copyright law. While TKS continues to own the Software, you will have certain rights to use the Software after your acceptance of this license. Your rights and obligations with respect to the use of this Software are as follows:

YOU MAY MAKE ANY NUMBER OF COPIES OF THIS SOFTWARE, PROVIDED THAT:

(i) each copy must be a complete copy, including all files on the original disk or media, and

(ii) each copy must bear TKS's copyright notice.

YOU MAY NOT:

(i) sublicense, rent or lease any portion of the Software,

(ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software.

COPYRIGHT. All title and copyrights in and to the Software Product, the accompanying printed materials, and any copies of the Software Product, are owned by TKS. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material.

OTHER RESTRICTIONS. This Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

NO WARRANTIES. TIMEKEEPING SYSTEMS EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL TKS, ITS RESELLERS, OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR 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 TKS PRODUCT, EVEN IF TKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY. THE TOTAL, CUMULATIVE LIABILITY OF TKS, ITS RESELLERS, AND ITS SUPPLIERS IN CONNECTION WITH THIS AGREEMENT AND THE SOFTWARE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THIS PRODUCT.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

MISCELLANEOUS. If you acquired this product in the United States, this Agreement is governed by the laws of the State of Ohio.