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Version 3.1

END USER LICENSE AGREEMENT FOR HOTDBWAN SOFTWARE

IMPORTANT: READ CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE. The USE OF THIS SOFTWARE IS SUBJECT TO THE TERMS AND CONDITION OF THIS AGREEMENT. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE YOU ARE AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT, THE TERMS AND CONDITIONS SFECIFIED HERIN. CONSTITUTE AN AGREEMENT BETWEEN THE LICENSEE AND Nad Solutions ltd. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY, OR OTHERWISE USE THE SOFTWARE.

DEFINITIONS
In this Agreement, "NAD Solutions" means NAD SOULTIONS Ltd.; "LICENSEE" means you; "SOFTWARE" means the HOTDBWAN Software, including any documentation that accompanies it.

LICENSE
In consideration of your undertaking to comply with the terms and conditions of this License Agreement, Nad Solutions grants you, Licensee, a non-exclusive license to use the SOFTWARE on a single Microsoft SQL Server installation.

COPYRIGHT, INTEELCTUAL PROPERTY AND RESTRICTIONS ON USE
This Agreement does not grant Licensee any rights to patents, copyrights, trade secrets, trade names, trade marks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Software.

The Software contains copyrighted material, trade secrets and proprietary information owned by or licensed To Nad Solutions. Ownership of the Software and all intellectual property rights in the Software are and shall remain the sole property of Nad Solutions and/or its licensors. Licensee may not de-compile, reverse engineer, disassemble or otherwise reduce the Software to human readable form. Licensee may not modify, rent, lease, loan, provide commercial hosting services with the Software or distribute copies of it. Licensee may not electronically transfer the Software over a network or the Internet. Licensee may not create derivative Software based upon any trade secret, intellectual property or proprietary information of Living Software Applications and/or its licensors. Licensee may not sub-license, assign or transfer this License. Licensee may not adapt or use any trademark or trade name which is likely to be similar to or confusing with that of Nad Solutions or any of its licensors or take any other action which impairs or reduces the trademark rights of Nad Solutions or of its licensors.

NO WARRANTY
Nad Solutions does not warrant, guarantee or make any representations that the functions contained in the Software will meet licensee's requirements or that the operation of the Software will be uninterrupted or error-free. Any other Software and any hardware furnished with or accompanying the Software is not warranted by Nad Solutions.

Notwithstanding, Nad Solutions warrants that the Software will perform substantially in accordance with any server's Software and hardware for a period of 14 day from the date of receipt. If it is proven to Nad Solutions that the Software is not perform substantially in accordance with the server's Software and hardware, in the warranty period (14 days), you will get the amount actually paid by you back.

If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO unsuitability DISCOVERED during the period of this limited warranty (14 DAYS). AS TO ANY unsuitability DISCOVERED after the 14 DAY period, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.

Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may NOT apply to you.

Any supplements or updates to the software, including, without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the 14 day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

LIMITATION OF LIABILITY
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER TYPE, WHETHER EXPRESS OR IMPLIED, AND TO ANY REMEDY AGAINST Nad Solutions ARE APPLICATIONS AND/OR ITS LICENSORS, WHETHER IN CONTRACT, TORT, DELICT, QUASI-DELICT OR OTHERWISE. SOME JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES SO THE PRECEDING EXCLUSIONS MAY NOT APPLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Nad Solutions, ITS DIRECTORS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR DIRECT OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) ARISING OUT OF LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST LICENSEE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NAD SOLUTIONS APPLICATIONS AND/OR ITS LICENSORS MAKES NO WARRANTY WITH RESPECT TO THE ACCURACY, CORRECTNESS, TIMELINESS OR SUITABILITY OF THE CONTENT OF ANY FEEDBACK OR RESPONSE GIVEN BY THE SOFTWARE, AND TAKES NO RESPONSABILITY THEREFORE.

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Nad Solutions and any of its suppliers under any provision of this software and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Nad Solutions with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00, and shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

TERMINATION
This License shall remain in full force and effect unless and until terminated. This License will terminate immediately, automatically and without notice if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must stop using the Software.

CONSENT TO USE OF DATA
You agree that Nad Solutions and its affiliates may collect and use technical information you provide as a part of support services related to the Product. Nad Solutions agrees not to use this information in a form that personally identifies you.

ENTIRE AGREEMENT
This agreement constitutes the entire agreement between you and Nad Solutions and supersedes any other prior agreements or communications regarding the Software. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in effect.

WAIVER
The failure by Nad Solutions or any of its licensors to enforce at any time any of the provisions of this agreement, to exercise any election or option provided herein, or to require at any time the performance by you of any of the provisions herein will not in any way be construed as a waiver of such provisions.

GOVERNING LAW
This Agreement shall be governed and be construed exclusively in accordance with the laws of the State of Israel.