End-User License Agreement (EULA)

33 SYSTEMS, INC’S End User License Agreement (EULA)
33 SYSTEMS INC PROPRIETARY SOFTWARE
SOFTWARE PRODUCTS: ___33 HelpME & 33 Alerts___

IMPORTANT-READ CAREFULLY: This End User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and 33 SYSTEMS INC, a Florida corporation, for the proprietary software identified above, which includes computer software and may include associated media, printed materials, and online or electronic documentation (collectively, the Products). The Products also include any updates and supplements to the original materials provided to you by 33 SYSTEMS INC. By installing, copying, downloading, accessing, or otherwise using the Products, 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 Products, and immediately return the Products to:
33 SYSTEMS INC
P.O. Box 272331
Tampa, Florida 33688
ATTN: Barry Peterson, President
1. Grant of License. This EULA grants you the following non-exclusive, non-transferable, limited rights:
a. You may install, display, and use one copy of the Products on a single computer, workstation, terminal, or related computer device. For purpose of this provision, "use" shall mean to interact with the Products in a manner consistent solely with the features and functions available in the unaltered version of the Products.
b. The primary user of the computer or device on which the Products are used may make a single copy of the Products, which copy shall be used exclusively for backup or archival purposes.
c. If you intend to install the Products on a network server, you may do so only after you have acquired a license for each separate computer or device on which the Products is accessed or used. This EULA does not permit you to share the Products or use the Products concurrently on different computers or devices.
2. Limitations. The Products are delivered to you in executable code only. At no time shall you:
a. Reverse engineer, decompile or disassemble the Products, in whole or in part, unless such activity is expressly permitted by law;
b. Rent, sub-license, lend, or enter into any time-sharing arrangement with any third party for the Products; or,
c. Alter the source code of the Software, or perform any action to the source code that affects the display, functionality, or output of the Products.
3. Termination. You may terminate this EULA by (i) ceasing your use of the Products, (ii) completely uninstalling the Products, and (iii) destroying all copies of the Products in your possession. 33 SYSTEMS INC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. 33 SYSTEMS INC may also terminate this EULA in the event it is necessary to do so to protect the rights of 33 SYSTEMS INC or any third party. In the event of termination, you must completely uninstall the Products and destroy all physical copies of the Products in your possession immediately. Notwithstanding the termination of this EULA, all right title and interest to the Collected Information (as defined below) shall continue to be the sole property of 33 SYSTEMS INC.
4. Information Collection and Use. Use of the Products enables 33 SYSTEMS INC to collect certain information about you, including non-personal identifiable information for purposes of improving our products and services, providing services to you, products support, and facilitating the provision of software updates or dynamically served content. We may also collect technical and related information that identifies your computer (including the Internet Protocol Address), operating system, software, and peripheral hardware, as well as information about your Products usage (including but not limited to successful installation and/or removal). We may also gather broad demographic information for aggregate use.
5. The Collected Information may be gathered periodically for purposes of improving our products and services, troubleshooting defects, and otherwise enhancing your user experience. We may use the Collected Information to analyze trends, monitor or improve the use and satisfaction of the Products, and customize, upgrade, or configure the layout and content of the Products. Your use of the Products is an acceptance of the practices described in this EULA.
6. This and all other data provided to 33 SYSTEMS INC and/or collected by 33 SYSTEMS INC in connection with your installation and use of the Products is used, stored, and transmitted per 33 SYSTEMS INC’s Privacy Policy located at www.33systems.net. To the extent that anything in this section conflicts or is inconsistent with the terms of 33 SYSTEMS INC’s Privacy Policy, the terms of the Privacy Policy shall prevail.
7. 33 SYSTEMS INC knows that you care how information is collected, used, and shared, and we appreciate your trust that we will do so carefully and sensibly. Information about your usage of the Products is an important part of our business, and 33 SYSTEMS INC would never sell your information to anyone, nor would 33 SYSTEMS INC ever use spyware or install spyware on your computer, workstation, terminal, or other computer devices. 33 SYSTEMS INC and agents acting on our behalf do not share information that personally identifies you without your consent, except in rare instances where disclosure is required by law or to enforce 33 SYSTEMS INC’s legal rights.
8. IF YOU DO NOT WANT 33 SYSTEMS INC TO COLLECT, USE, STORE, TRANSMIT, OR DISPLAY THE DATA DESCRIBED IN THIS SECTION, PLEASE DO NOT INSTALL OR USE THE PRODUCTS.
9. Ownership. The Products may be protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights in and to the Products including, but not limited to, all copyrights, trademarks, patent rights, and trade secrets, belong to 33 SYSTEMS INC or its licensors. You agree to take such further action, and to obtain or sign such further agreements or acknowledgments, as 33 SYSTEMS INC may reasonably request to give effect to this paragraph.
10. Limited Warranty. 33 SYSTEMS INC does not warrant that the Products will meet your requirements or that the operation of the Products will be uninterrupted or error-free. 33 SYSTEMS INC does warrant that the media on which the Products is furnished will be free from defects in materials and workmanship under normal use for thirty (30) days from the date of delivery (Warranty Period). This Limited Warranty is void if failure of the media on which the Products is furnished has resulted from accident, abuse, or misapplication.
11. The exclusive remedy available under this Limited Warranty is the replacement of any defective physical media on which the products are furnished. To receive a replacement for defective media under this Limited Warranty, return the defective media to 33 SYSTEMS INC during the Warranty Period, with proof of payment (if any) and an accompanying statement with your contact information.
12. EXCEPT AS PROVIDED ABOVE, THE PRODUCTS IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND OUTPUT OF THE PRODUCTS.
13. Limitation of Liability. 33 SYSTEMS INC’S SOLE OBLIGATION OR LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS EULA SHALL BE THE REPLACEMENT OF THE DEFECTIVE MEDIA ON WHICH THE PRODUCTS ARE FURNISHED ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT SHALL 33 SYSTEMS INC BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR INFORMATION, LOSS OF PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS EVEN IF 33 SYSTEMS INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IRRESPECTIVE OF WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT OR NEGLIGENCE. In any case, 33 SYSTEMS INC’s entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the PRODUCTS or U.S.D. $5.00.
14. Indemnification. You agree to hold 33 SYSTEMS INC harmless for, and to indemnify 33 SYSTEMS INC fully against, any and all claims, losses, costs, or fees (including reasonable attorneys' fees) incurred by 33 SYSTEMS INC that arise from your use or misuse, whether authorized or unauthorized, of the Products.
15. License Fee and Taxes. Your use of the Products, and all licenses conveyed to you under this EULA, are contingent upon your payment of the appropriate licensing fee to 33 SYSTEMS IN, together with applicable sales tax, if any. If no licensing fee is required, your use of the Products, and all licenses conveyed to you under this EULA, are contingent upon your continued observance of, and compliance with, the terms and conditions of this EULA.
16. U.S. GOVERNMENT RESTRICTED RIGHTS. All Products(s) provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995, is/are provided with the commercial rights and restrictions described elsewhere herein. All Products(s) provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995, is/are provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
17. Miscellaneous.
a. Limitations on Export. You shall not export or re-export the Products in violation of any export provisions of the United States or any other applicable jurisdiction. You specifically agree not to export or re-export the Products (i) to any country to which the United States has embargoed or restricted the export of goods or services, which currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Products back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Products in the design, development or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the United States government.
b. No Assignment. Any act or attempt by you to sublicense, assign or transfer any of the rights, duties, or obligations hereunder is void.
c. Governing Law; Venue. This EULA shall be governed by and interpreted under the laws of the State of Florida without regard to its conflicts of law provisions. Licensor and Licensee agree that the U.N. Convention on Contracts for the International Sale of Goods shall not apply to this License Agreement. For all claims arising under this EULA, you irrevocably submit and consent to the exclusive jurisdiction and venue of the Florida State Courts in Hillsborough County Florida, and the Federal Courts in Tampa, Florida, and for the United States District Court for the Middle District of Florida. You waive all rights to trial by jury in any action or proceeding instituted in connection with this EULA.
d. Amendment. This EULA may only be modified or amended in writing by 33 SYSTEMS INC or its designated representative.
e. Survival. All provisions of this EULA relating to disclaimers of warranties, limitation of liability, remedies, damages, or 33 SYSTEMS INC’s proprietary rights shall survive termination of this EULA.
f. Cooperation. You agree to take all such actions and execute all such documents that may be necessary or desirable to carry out the purposes of this EULA, whether or not specifically provided for in this EULA. You further agree to promptly install all updates, patches, or similar remedial measures to the Products as may be requested by 33 SYSTEMS INC from time to time. Failure to do so shall be considered a material default by you and shall entitle 33 SYSTEMS INC to immediately terminate this EULA.
g. Injunctive Relief. You acknowledge and agree that 33 SYSTEMS INC would be irreparably damaged if any of the provisions of this EULA were not performed according to their specific terms or were otherwise breached. Accordingly, you agree that 33 SYSTEMS INC shall be entitled to an injunction to prevent actual or anticipated breaches of the provisions of this EULA, without the requirement of posting bond, and to specifically enforce this EULA and the terms and conditions of this EULA, in addition to all other remedies available at law and equity.
h. Remedies Cumulative. The remedies contained in this EULA are cumulative and do not preclude the existence of any other remedies whether specifically provided for in this EULA or which are provided for by law or equity in the event of a breach of this EULA.
i. Attorneys’ Fees. In the event of litigation to enforce the provisions of this EULA, the prevailing party shall be entitled to reimbursement for reasonable attorneys’ fees and costs at trial and on appeal.
j. Limitations. No action, regardless of form, arising out of this EULA shall be brought by either party more than two (2) years after the cause of action has arisen.
k. Notice. You agree that any notice or other type of communication provided to you pursuant to the terms of this EULA shall be sent by email to info@33systems.net and traceable, certified mail, to the following address:
33 SYSTEMS INC
P.O. Box 272331
Tampa, Florida 33688
ATTN: Barry Peterson, President
l. Merger. This EULA constitutes the entire understanding between you and 33 SYSTEMS INC with respect to the Products. It completely supersedes any and all prior understandings or agreements related to your use of the Products.

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