Nevitium Invoice Manager 1.5.1

EULA - End User License Agreement

Updated License: http://www.datavirtue.com/MPL/NevitiumLicense.txt

Data Virtue
Software Usage License Agreement
[For]
(Nevitium Business Manager)
DATA VIRTUE ("DATA VIRTUE") IS WILLING TO
LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY
UPON THE CONDITION THAT YOU ACCEPT ALL OF THE
TERMS CONTAINED IN THIS LICENSE
AGREEMENT AND SUPPLEMENTAL LICENSE TERMS
(COLLECTIVELY "AGREEMENT"). PLEASE READ THE
AGREEMENT CAREFULLY. BY DOWNLOADING OR POSSESSING
THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE
AGREEMENT. IF YOU DO NOT AGREE PLEASE DELETE/REMOVE
THE SOFTWARE.

1.DEFINITIONS. "Software" means the identified
above in binary form, any other machine readable
materials (including, but not limited to,
libraries, source files, header files, and data
files), any updates or error corrections provided
by Data Virtue, and any user manuals, guides
and other documentation provided to you by Data Virtue
under this Agreement.

2.LICENSE TO USE. Data Virtue grants you a
non-exclusive, non-transferable, limited license
without license fees to copy and use
the Software complete and unmodified.

3.RESTRICTIONS. Software is confidential and
copyrighted. Title to Software and all associated
intellectual property rights is retained by Data Virtue
and/or its licensors. Unless enforcement is
prohibited by applicable law, you may not modify,
decompile, or reverse engineer Software. Data Virtue
disclaims any express or implied warranty of
fitness for such uses or any use. No right, title or
interest in or to any trademark, service mark,
logo or trade name of Data Virtue or its licensors is
granted under this Agreement.

4.LIMITED WARRANTY. Data Virtue warrants to you that for
a period of thirty (30) days from the date of
purchase, as evidenced by a copy of the receipt,
the media on which Software is furnished (if any)
will be free of defects in materials and
workmanship under normal use. Except for the
foregoing, Software is provided "AS IS". Your
exclusive remedy and Data Virtue's entire liability under
this limited warranty will be at Data Virtue's option to
replace Software media or refund the fee paid for
Software. Any implied warranties on the Software
are limited to 90 days. Some states do not allow
limitations on duration of an implied warranty, so
the above may not apply to you. This limited
warranty gives you specific legal rights. You may
have others, which vary from state to state.

5.DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN
THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

6.LIMITATION OF LIABILITY. TO THE EXTENT NOT
PROHIBITED BY LAW, IN NO EVENT WILL DATA VIRTUE OR ITS
LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT
OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
OF OR RELATED TO THE USE OF OR INABILITY TO USE
SOFTWARE, EVEN IF DATA VIRTUE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In no event will
Data Virtue's liability to you, whether in contract, tort
(including negligence), or otherwise, exceed the
amount paid by you for Software under this
Agreement. The foregoing limitations will apply
even if the above stated warranty fails of its
essential purpose. Some states do not allow the
exclusion of incidental or consequential damages,
so some of the terms above may not be applicable
to you.

7.SOFTWARE UPDATES FROM DATA VIRTUE.
If additional terms and conditions
are not presented on installation, the Software
Updates will be considered part of the Software
and subject to the terms and conditions of this
Agreement.

8.SOFTWARE FROM SOURCES OTHER THAN DATA VIRTUE.
Data Virtue makes no representations of a
relationship of any kind to licensors of Other Software.
TO THE EXTENT NOT PROHIBITED BY LAW,
IN NO EVENT WILL DATA VIRTUE
OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED REGARDLESS OF THE THEORY OF
LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF
OR INABILITY TO USE OTHER SOFTWARE, EVEN IF DATA VIRTUE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Some states do not allow the exclusion
of incidental or consequential damages, so some of
the terms above may not be applicable to you.

9.TERMINATION. This Agreement is effective until
terminated. You may terminate this Agreement at
any time by destroying all copies of Software.
This Agreement will terminate immediately without
notice from Data Virtue if you fail to comply with any
provision of this Agreement. Either party may
terminate this Agreement immediately should any
Software become, or in either party's opinion be
likely to become, the subject of a claim of
infringement of any intellectual property right.
Upon Termination, you must destroy all copies of
Software.

10.EXPORT REGULATIONS. All Software and technical
data delivered under this Agreement are subject to
US export control laws and may be subject to
export or import regulations in other countries.
You agree to comply strictly with all such laws
and regulations and acknowledge that you have the
responsibility to obtain such licenses to export,
re-export, or import as may be required after
delivery to you.

11.TRADEMARKS AND LOGOS. You acknowledge and
agree as between you and Data Virtue that Data Virtue owns the
DATA VIRTUE, & Nevitium trademarks and logos.

12.U.S. GOVERNMENT RESTRICTED RIGHTS. If
Software is being acquired by or on behalf of the
U.S. Government or by a U.S. Government prime
contractor or subcontractor (at any tier), then
the Government's rights in Software and
accompanying documentation will be only as set
forth in this Agreement; this is in accordance
with 48 CFR 227.7201 through 227.7202-4 (for
Department of Defense (DOD) acquisitions) and with
48 CFR 2.101 and 12.212 (for non-DOD
acquisitions).

13.GOVERNING LAW. Any action related to this
Agreement will be governed by Ohio law and
controlling U.S. federal law. No choice of law
rules of any jurisdiction will apply.

14. SEVERABILITY. If any provision of this
Agreement is held to be unenforceable, this
Agreement will remain in effect with the provision
omitted, unless omission would frustrate the
intent of the parties, in which case this
Agreement will immediately terminate.

15. INTEGRATION. This Agreement is the entire
agreement between you and Data Virtue relating to its
subject matter. It supersedes all prior or
contemporaneous oral or written communications,
proposals, representations and warranties and
prevails over any conflicting or additional terms
of any quote, order, acknowledgment, or other
communication between the parties relating to its
subject matter during the term of this Agreement.
No modification of this Agreement will be binding,
unless in writing and signed by an authorized
representative of each party.
SUPPLEMENTAL
A. License to Distribute Software.
You may freely copy the Software, ONLY in its original distribution format
and without modification, to other individuals or organizations.

Magazine publishers, download sites, ISPs
(Internet Service Providers), and other organizations or
facilities may freely distribute the Software on cover disks or
CDs, newsgroups, forums, web-sites, ftp sites, etc.,
but ONLY in its original distribution format and without modification.
It is recommended that you link to http://www.datavirtue.com
for the most recent version.
A direct download link can be obtained by visiting the website.

You may not decompile, disassemble, reverse engineer,
or otherwise modify the Software.

No title to, or ownership of, the Software is transferred to you.
You may not assign, rent, lease, lend, resell, or sub-license the Software.
B. Source Code. Software MAY contain source code
that, unless expressly licensed for other
purposes, is provided solely for reference
purposes pursuant to the terms of this Agreement.
Source code may not be redistributed unless
expressly provided for in this Agreement.
For inquiries please contact:
Data Virtue
5244 Leninger-Haigh Road Hillsboro, Ohio
45133, U.S.A.
software@datavirtue.com
www.datavirtue.com
937-509-8797