End User License Agreement for SmartCopy Software

IMPORTANT:  Carefully read this End User License Agreement before using the SmartCopy software product or printing any SmartCopy Day Planner forms.  This End User License Agreement (Agreement) is between you (an individual) (Licensee), and (Licensor).  Licensor means the SmartCopy Copyright holder.  This Agreement applies to the SmartCopy software and SmartCopy Planner forms, together with any related documentation provided by Licensor.  the software, SmartCopy Day Planner forms, and Documentation are referred to colletively herein as Software.

1.  COPYRIGHT
Copyright 1996-2006 Wynn Davis and Dr. Larry D. Baker.
All Rights Reserved.  This software product is a copyrighted work and is protected by United States and international copyright laws and treaties.

2.  TRADEMARK
SmartCopy is a federally registered trademark.  The SmartCopy Logo is the trademarked logo of the SmartCopy product.

3.  TITLE
Notwithstanding anything to the contrary herein, Licensor retains all title to, and except as expressly and unambiguously licensed herein, all rights to the Software, all copies and derivative works thereof (by whomever produced) and all related documentation and materials.

4.  GRANT OF LICENSE
Subject to the terms of the Agreement, Licensor grants you non-exclusive and non-transferable right to use, solely for your internal personal or business purposes, the SmartCopy Software.  Licensee may make unlimited copies of SmartCopy Day Planner forms for internal personal or business purposes only.  Licensee may make more than one copy of the original Software for the Licensee's personal or business purposes, including an archival or backup copy.  All copies of the Software must contain all proprietary rights and notices as are contained in the master copy.  All copies are subject to the terms and conditions contained in this Agreement.  The SmartCopy Day Planner images shall remain at the times the absolute and unrestricted property of the SmartCopy Copyright holder.  Nothing in this Agreement shall prejudice, impair, jeopardize or otherwise adversely affect the rights of Copyright holder of this Software.

5.  USE
The license granted in return for payment of the applicable fee, is a single end user license to use the Software on one computer at a time.  The Software is considered to be "in use" when SmartCopy Day Planner form images are accessed from SmartCopy Software media, SmartCopy Day Planner form images are printed from a printer, or SmartCopy Day Planner form images are installed on a hard disk or other storage device.

6.  RESTRICTIONS
Copies of the SmartCopy Day Planner form images shall not be altered or changed in any way, and shall include the copyright notice and any other notices that appear on the original software on any copies and other notices that appear on the original software on any copies and media thereof.  Licensee shall not (and shall not allow any third party to)
(i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, or reconstruct any file formats, algorithms, or programming interfaces of the Software by any means whatsoever (except solely to the extent that applicable law prohibits reverse engineering restrictions), (ii) remove any product identification, proprietary, copyright, or other notices, (iii) sell, distribute or otherwise provide, lease, lend, grant a security interest in or transfer of use, or allow others to transfer or use the Software to or for the benefit of third parties, (iv) modify, translate, incorporate into or with other software or create a derivative work of any part of the Software, or (v) allow the Software to be used in the creation of computer software.  No portion of the Software, including but not limited to, programs, algorithms, codes, texts, or SmartCopy Day Planner form images, may be modified, adapted, translated, copied, stored, distributed, used or accessed in any way except as detailed in the Agreement.  Licensee acknowledges that the Software is not intended for use in connection with any high risk or strict liability activity (including, without limitation, any activities of life support or emergency medical operations, or any activities which may constitute a threat upon life) and that the Licensor makes no warranty and shall have no liability in connection with any use of the software in such situations.

7.  DISTRIBUTION
This Software and/or the SmartCopy Day Planner forms cannot be re-sold or used in any profit-making activities, including but not limited to, distribution as part of commercial product or service, without the prior written consent of the copyright holder.  The SmartCopy Copyright holder, may in its absolute discretion accept registration requests through other companies, on the strict and express understanding that such acceptance shall n no way confer upon such companies any right with respect to granting user licenses, or prejudice, impair or adversely affect the solid and exclusive rights of the Copyright holder to grant user licenses.  Notwithstanding the above, nothing in this Agreement shall confer the right to grant user licenses.  Such a right is and shall remain at all times exclusively vested with the Copyright holder.

8.  DISCLAIMER OF WARRANTY
The SmartCopy Software is provided "AS IS" without warranty of ay kind, either expressed or implied that they are fit for any use whatsoever.  Their authors cannot be held liable for any special, direct, indirect, incidental or consequential damages whatsoever (including but not limited to warranties of or relating to merchantability, fitness for a particular purpose, loss of profit, or noninfringement of third parties' rights arising out of their use, or inability to do so).  No dealer, agent, or employee of Licensor is authorized to make any representations or warranties regarding this Software.  Your use of this software is at your own risk.  neither Licensor nor any supplier of Licensor shall have any liability resulting from your downloading or use of the Software and/or with respect to any data transmitted with use of the Software.  You are solely responsible for and shall bear all risk associated with use of the Software, including but not limited to loss or corruption of data or any lack of security.

9.  SUPPORT AND MAINTENANCE
Licensee is not entitled to any support or maintenance (including, without limitation, updates, upgrades, or enhancements of the Software) under this Agreement.

10.  EXPORT COMPLIANCE
Licensee shall not, and shall not allow any third-party to, transfer or export any of the Software into any country or be used in any manner prohibited by the United States Export Administration Act or any other Export Laws, restrictions, or other regulations (collectively the "Export Laws").  In addition, if the Software is identified as an export controlled item under the Export Laws, licensee represents and warrants that licensee is not a citizen or otherwise located within an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia), and that licensee is not otherwise prohibited under the Export Laws from receiving the Software.  All rights to Use the Software are granted on condition that such rights are forfeited if licensee fails to comply with the terms of this Agreement.

11.  TERMINATION
The license to use the SmartCopy Software or SmartCopy Day Planner forms shall terminate upon any breach, default, violation, or non-compliance of this Agreement or any unauthorized use of the SmartCopy Software.  SmartCopy shall have the right to claim and recover all losses and damages, whatsoever and however arising, whether directly or indirectly, out of or in connection with any such breach, default, violation and non-compliance.  Further, the Licensee agrees to indemnify SmartCopy all costs and expenses incurred by the Copyright holder, including, but not limited to, court and legal fees.

Upon the termination of this Agreement, you shall not be entitled to claim or recover any amount paid for SmartCopy Software prior to such termination.

12.  GENERAL
Failure of Copyright holder to enforce rights with respect to any violation of this Agreement will not act as a waiver for Copyright holder to later exercise such rights.  Licensee acknowledges and agrees that Licensor shall have the right to directly enforce any and all provisions of this Agreement.  Neither this Agreement nor the license granted herein is assignable or transferable by Licensee without the prior written consent of Licensor: any attempt to do so shall be void.  This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.  The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys' fees and costs in connection with such action.