License Agreement - Tenant Pro 5

PLEASE READ THIS LICENSE AGREEMENT BEFORE DOWNLOADING THE SERVICE RELEASE. DOWNLOADING THE SERVICE RELEASE INDICATES YOUR ACCEPTANCE OF THE LICENSE TERMS. IF YOU DO NOT AGREE WITH THE TERMS, YOU SHOULD RETURN THE PACKAGE WITH THE ENVELOPE UNOPENED TO THE COMPANY OR DEALER FROM WHOM YOU RECEIVED THE PACKAGE WITHIN FIFTEEN (15) DAYS AND YOUR MONEY WILL BE REFUNDED.

Property Automation Software Corporation ("Property Automation") provides the computer software program and User Manual contained in the package and any modifications, updates, revisions or enhancements received by you from Property Automation or its dealers (The "Program") and licenses its use within the terms stated below:

a. You are granted a nontransferable license to use the Program under the terms stated in this agreement for personal use in your business or profession. Ownership of the Program and of the copyright in the Program belongs to Cathmon, LTD; Title of Program and exclusive marketing rights belong to Property Automation.

b. The program may be used by you at a single location on a single computer which you own or use and for which the Program is designed to operate. Unless you have licensed a network version of the program, you have the right to use the network version only on a local area network established by you at a single location, and the Program may be accessed only by your employees or by other authorized personnel working for you at such location. Even if you have a network version of the Program, you may not make copies of any documentation or reference manuals provided to you with the Program, but must purchase these directly from Property Automation;

c. You may not make copies, translations or modifications of or to the Program, except you may copy the Program into machine-readable or printed form for backup purposes in support of your use of the Program. All copies of the Program and any portion of the Program merged into or used in conjunction with another program will continue to be the property of Property Automation and subject to the terms and conditions of this Agreement;

d. You may not assign, sell, distribute, lease, rent, sublicense or transfer the Program or this license or disclose the Program to any other person. You may not reverse-engineer, disassemble or decompile the Program or otherwise attempt to discover the source code or structural framework of the Program.

e. You may receive the Program in more than one medium. Regardless of the type or size of the medium you receive, you may use only one medium that is appropriate for your single user computer or your local area network if you licensed a network version of the Program. You may not use the medium on another computer or computer network, or loan, rent, lease, or transfer the medium to another.

f. This license terminates if you fail to comply with any provision of this Agreement. You agree upon termination to destroy the Program, together with all copies, modifications and merged portion in any form including any copy in your computer memory or on hard disk.

LIMITED WARRANTY: Property Automation warrants that the media on which the Program is furnished will be free from defects in material or workmanship for a period of sixty (60) days from delivery. Property Automation’s sole obligation and liability for breach of the foregoing warranties shall be to replace or correct the defective media. Any modifications of the Program by anyone other than Property Automation voids the foregoing warranty, NO OTHER WARRANTIES ARE EXPRESSED AND NONE SHALL BE IMPLIED. PROPERTY AUTOMATION SPECIFICALLY EXCLUDES ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE FOREGOING MAY NOT APPLY TO YOU.

GOVERNING LAW/FORUM SELECTION CLAUSE: The sale of this License Agreement shall be construed and enforced in accordance with the laws of the State of Texas. The exclusive jurisdiction and venue for any litigation or other dispute arising out of or relating to this License Agreement shall be the state or federal courts located within Dallas County, Texas.

LIMITATION OF LIABILITY: In no event shall Property Automation’s or Cathmon, LTD.’s liability to you for damages hereunder for any cause whatsoever exceed the amount of the license fee paid by you for use of the Program. In no event will Property Automation or Cathmon, LTD. be liable for any lost profits or other incidental or consequential damages arising out of the use or inability to use the Program even if Property Automation or Cathmon, LTD has been advised of the possibility of such damages.

U.S. Government Restricted Rights. The Program is provided with RESTRICTED RIGHTS. Use duplication or disclosure by the Government is subject to restrictions set forth in subdivision (c)(1) of the Rights in Technical Data and Computer Software clause at 252.227-7013.