                                                fP Technologies of Ohio, Inc.
                                                    432 W Gypsy Lane Road
                                                  Bowling Green, Ohio 43402
                                                       www.fptech.com
                                                       1-800-847-4740
SOFTWARE LICENSE AGREEMENT

fP Technologies of Ohio, Inc. ("Licensor") is providing the accompanying software ("software") and any related documentation ("documentation") subject to the terms of this agreement.   Title to the media on which the software is recorded is transferred to the customer, but title to the software itself, which is protected by copyright and patent law, is not transferred.   The software and documentation is subject to protection under the United States Copyright Laws.  You have a non-exclusive right to use the software and documentation.  You may only install the software on a single standalone computer or a single network server serving the number of users set-forth in your license.  You are NOT permitted to distribute copies of this software or documentation to other individuals or companies.  You may not modify or translate the software or documentation in any way or manner.  You may not use, copy or transfer the software or any copy except as provided for in this Agreement.  If you transfer possession of any copy of the software to another party your license is automatically terminated. You may sell your license rights (in the software) to another party as long as the software has not been loaded onto a computer or server. If you sell your license rights (in the software) you must simultaneous transfer the documentation.  You CAN NOT sell your license rights (in the software) to another party unless that party also agrees to all of the terms and conditions of this Agreement.  By loading the software onto a computer or server, you or the other party automatically agree to the terms of this Agreement. You must notify the Licensor of the new owner and they must obtain a new license in their name.

SOFTWARE BACKUP AND DUPLICATION
You may make an archival copy of the software for the sole purpose of backup as long as you reproduce and include the copyright notice and any other notices on the backup copy.

TERM
This license is effective upon loading of the software and until terminated by either party.   You may terminate it any time.  You agree that upon termination of this License for any reason, you will destroy or return the software and documentation together with all copies and modifications in any form to Licensor.




OBJECT CODE
You acknowledge and understand that the software consists of object code only, and that Licensor does not supply source code versions of the software.  You shall not create or attempt to create the source code or any part thereof by decompilation or recompilation or otherwise convert the source code.

LIMITED WARRANTY
Licensor does not warrant that the functions contained in the software will meet your requirements or that the operation of the software will be uninterrupted or error free.   However, Licensor warrants that the physical media on which the software is furnished will be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of delivery to you.  Licensor’s sole obligation under this limited warranty shall be to replace the defective item of physical media.  To receive a replacement, follow the instructions of the Licensor or return the defective item(s) to the Licensor with a copy of your receipt.  If Licensor is unable to deliver a replacement which is free of defects in materials and workmanship you may terminate this Agreement by returning the software and documentation to the Licensor and your money will be refunded or account credited at the discretion of the Licensor.

EXCEPT AS PROVIDED ABOVE, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUCING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION IS WITH YOU.
 
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

LIMITATIONS OF LIABILITY
Except for your rights specified under Licensor’s “limited warranty”, Licensor’s entire liability and your exclusive remedy for any claim for injury arising from the user of the software and documentation shall be limited to the return of the price you paid for the software and documentation.







IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVING OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTIN WITH OR ARISING FROM USE OR INABILITY TO USE THE SOFTWARE OR DOCUMMENTATIN,  EVEN IF LICENSOR HAS BEEN ADVISED TO THE POSSIBILITY OF SUCH DAMAGE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXLUSION OF LIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

GENERAL
You may not sub-license, assign or transfer the license on the software except as expressly provided in this Agreement.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS.  YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.  YOU MAY NOT MODIFY THIS AGREEMENT UNLESS LICENSOR AGREES (BY SIGNED WRITING) TO THE MODIFICATIONS.




















