EFM: plan / actual analysis 2.4

EULA - End User License Agreement

This End-User License Agreement ("EULA") is a legal agreement between you, either an individual or a single entity ("Customer" or "you") and Management, Business, Investments Consulting Group ltd. ("MBI").

1. INTELLECTUAL PROPERTY ACKNOWLEDGEMENT
User acknowledges that MBI is the owner of the software and documentation ("Enterprise Financial Model" and it's components), and that it is protected by Copyright laws and treaties worldwide. Portions of the Enterprise Financial Model are also protected by pending patent application(s), trade secret law, and contract law. Users may not make any commercial use of the Enterprise Financial Model code, and are limited to the uses granted in 2 below.

2. GRANT OF LICENSE
Provided you have paid all applicable fees, the EULA grants you the following personal, non-exclusive, non-transferable rights:

(a) You may use the Software on any single computer; use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person; use the Software on a second computer so long as only one copy is used at a time; or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices.

(b) You may not decompile, disassemble, extract or otherwise reverse engineer any of the Software. You shall not have the right to obtain or use any source code for the Software, nor copy, reproduce, or distribute the Software except as provided above. You agree not to rent or lease the Software, nor use the Software to render time sharing or service bureau services.

3. WARRANTY, REMEDY AND LIMITATIONS
(a) MBI warrants only that the Software will perform in substantial accordance with the accompanying user manual for ninety (90) days following your receipt of the Software. Any Support Services provided by MBI shall only be as described in applicable written materials provided to you by MBI Technical Support Services.

(b) Some states do not allow certain warranty limitations, so the restrictions of this Section 3 will apply only to the full extent permitted by applicable law.

(c) MBI's entire liability and your exclusive remedy for any claim you may have against MBI shall be, at MBI 's option, (1) return of amounts paid for the applicable Software; or (2) repair or replacement of Software which does not meet the above limited warranty; provided you return the Software to MBI.

(d) EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer assumes all risks as to selection, quality, installation, results and performance. MBI does not warrant that the Software will meet Customer's requirements or that the operation of the Software will be uninterrupted or error free.

(e) NEITHER MBI NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION OR DELAY, LOSS OR INABILITY TO USE DATA), EVEN IF MBI OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. TERMINATION
The license will terminate automatically if Customer fails to comply with the limitations described herein. On termination, Customer must destroy all copies of the Software, including documentation. Otherwise, this EULA shall remain in force until terminated. Customer may terminate this EULA at any time by destroying all copies of the Software and providing notice thereof to MBI.

5. UPGRADES
If the Software is designated by MBI as an "Upgrade" product, then you may only use the Software if you are also currently a licensed user of the base product to which the Upgrade applies. Unless the MBI documentation for an Upgrade specifically provides, you may not separate upgrade products from base products, nor transfer them separately. MBI reserves the sole and exclusive right to set its policies and prices regarding updates, upgrades and enhancements. All other terms of this EULA apply with equal force to Upgrades.

6. DEMO VERSIONS
If MBI designates the Software as a "Demo" version, then the Customer's license rights under this EULA shall extend for a never-ending evaluation period, during which Customer's use is restricted solely to permit Customer to determine whether to purchase an ongoing license to the Software. Customer may make a reasonable number of copies of the Demo version of this Software, including documentation, for internal distribution, provided that any such copies are unmodified and exact. Customer is specifically prohibited from charging or requesting donations for any such copies; and from distributing Demo versions of the Software to third parties without MBI's prior written permission. Demo versions are provided strictly on an "as is" basis and Section 3(a) does not apply.