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Vend-Trak END-USER LICENSE AGREEMENT ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Trademark (TM) 2005 Vend-Trak.com All rights reserved. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Vend-Trak.com for Vend-Trak, the vending business management system (later referred to as "Application"). By creating a Vend-Trak account and/or otherwise using the SOFTWARE you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE. WE PROVIDE EACH PURCHASER A WITH FREE DEMO OF THE APPLICATION TO GET A FULL UNDERSTANDING OF THE CAPABILITIES AND THE EASE OF USE OF THE APPLICATION. WE RECOMMEND YOU TO UTILIZE THE FREE DEMO PERIOD. WE WON'T ISSUE ANY REFUNDS AFTER INITIAL SIGNUP FEES OR RENEWAL FEESS ARE PAID FOR OPERATION OF THE APPLICATION. Vend-Trak.com may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in this document. The furnishing of this document does not give you any license to these patents, trademarks, copyrights, or other intellectual property. APPLICATION LICENSE 1. The APPLICATION is licensed, not sold. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE. 2. GRANT OF LICENSE. (a) FREE TRIAL PERIOD. You may use the full featured APPLICATION without charge on an evaluation basis. Free trial periods apply to licenses purchased through Vend-Trak.com. Any purchases through thrid-party re-sellers will also receive the currently offered demo period as an extension of the initial signup period, in lieu of a free trial period. You must pay the license fee after the trial period in order to continue using the Vend-Trak application. (b) INITIAL SIGNUP PERIOD. Upon the expiration of your free trial period, access to your account will be locked until such time that the initial signup fee is paid. Your account will be immediately available upon payment. You will be notified of an account reaching expiration through the message center (located on the main page after logging in). (c) RENEWAL PERIOD. Upon the expiration of the initial signup period, your access to your account will be locked until such time that the annual renewal fee is paid. The annual renewal fee is subject to increase at the discretion of Vend-Trak.com. Any increase in renewal fee will be advertised in advance to all users of the Vend-Trak system. Renewal periods are not required. You may discontinue use of Vend-Trak at any time. (d) SITE AND ENTERPRISE LICENSES. After creating your account, additional users may be added to your account at no additional cost. Vend-Trak reserves the right to limit the number of additional users and/or increase renewal fees for additional users in the future. 3. RESTRICTIONS. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not use the SOFTWARE to perform any unauthorized transfer of information or for any illegal purpose. 4. SUPPORT SERVICES. Vend-Trak.com may provide you with support services related to the APPLICATION. Use of Support Services is governed by the Vend-Trak.com. Primary end user support is provided through web dialog interface and email. Limited phone support may be provided in circumstances where deemed necessary by Vend-Trak.com. All phone support will be initiated by Vend-Trak.com. Any supplemental software code provided to you as part of the Support Services shall be considered part of the APPLICATION and subject to the terms and conditions of this EULA. With respect to technical information you provide to Vend-Trak.com as part of the Support Services, Vend-Trak.com may use such information for its business purposes, including for product support and development. Vend-Trak.com will not utilize such technical information in a form that personally identifies you. 5. TERMINATION (a) Without prejudice to any other rights, Vend-Trak.com may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, your account will be locked until opened by a Vend-Trak authority. (b) Upon termination, all account data will be retained by Vend-Trak. Vending business data is not sold or shared with any third party. Personal account information (i.e. name, address, phone, email) may be shared with a third party only in the event that the initial account was created through that third party re-seller. Vend-Trak.com does not save any personal payment data (i.e. credit card and/or bank account numbers). All payments are processed through a third party processing system outside of Vend-Trak.com. 6. COPYRIGHT. The SOFTWARE is protected by copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the APPLICATION is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Vend-Trak and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the APPLICATION. 7. DISCLAIMER OF WARRANTY. Vend-Trak expressly disclaims any warranty for the APPLICATION. THE APPLICATION AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE APPLICATION REMAINS WITH YOU. 8. LIMITATION OF LIABILITY. IN NO EVENT SHALL Vend-Trak.com OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF LSOFT TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, Vend-Trak.com's ENTIRE LIABILITY UNDER ANY PROVOSION OF THIS EULA SHALL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT. Vend-Trak.com reserves all rights not expressly granted here.

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Your account will remain active through 5/9/2010. When your account expires, it may be renewed for $59.95/year.

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