Audit Commander(R) Copyright (C) 2007-2009 EZ-R Stats, LLC All Rights Reserved For ordering information, see http://ezrstats.com/order.html. *** LICENSE AGREEMENT *** This license applies to the registered version of Audit Commander. If you are using an evaluation version of Audit Commander, see the section titled titled "Evaluation License" below. If you are using an educational or non-commercial version of Audit Commander, see the section titled titled "Educational or Non-Commercial" below. You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by EZ-R Stats, LLC your use of this software indicates your acceptance of this license agreement and warranty. Registered Version 1. One registered copy of Audit Commander may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used nonsimultaneously by multiple people, but not both. You may access the registered version of Audit Commander through a network, provided that you have obtained a server license for the software covering the maximum number of workstations that will access the software through the network. For instance, if a maximum of 8 different workstations will access Audit Commander on the network, a server license for 8 copies is required. No registered user may alter or modify the Software. You cannot give anyone else permission to modify the Audit Commander Software. 2. Copyright and Trademark Rights. The Software is owned by EZ-R Stats, LLC and its suppliers, and its structure, organization and code are the valuable trade secrets of EZ-R Stats, LLC and its suppliers. The Software also is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this Agreement and to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software. 3. Restrictions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Although you may customize the installer for the Software, you may not otherwise alter or modify the installer program or create a new installer for the Software. The Software is licensed and distributed by EZ-R Stats, LLC. 4. No Warranty. The Software is being delivered to you AS IS and EZ-R Stats, LLC makes no warranty as to its use or performance. EZ-R Stats, LLC AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. EZ-R Stats, LLC AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL EZ-R Stats, LLC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN EZ-R Stats, LLC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. 5. Governing Law and General Provisions. This Agreement will be governed by the laws of the State of North Carolina, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of EZ-R Stats, LLC. 6. Notice to Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. *** EVALUATION LICENSE *** The following license applies to the evaluation version of Audit Commander. If you have purchased a license for the registered version of Audit Commander, see the section "License Agreement" above. You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by EZ-R Stats, LLC your use of this software indicates your acceptance of this license agreement and warranty. Evaluation and Registration 7. Software evaluation. Subject to the terms below, you are hereby licensed to use this software for evaluation purposes without charge for an unlimited period of time. If you use this software after the 30 day evaluation period, the software functionality is reduced or limited. This limit may change between software versions. You may not alter or modify the Audit Commander Software and cannot give anyone else permission to modify the Audit Commander Software. 8. No Warranty. The same terms as paragraph 4 above. 9. Governing Law and General Provisions. The same terms as paragraph 5 above. 10. Distribution of Evaluation Version. Provided that you verify that you are distributing the evaluation version (select About from the Audit Commander Help menu to check) you are hereby licensed to make as many copies of the evaluation version of this software and documentation as you wish; give exact copies of the original evaluation version to anyone; and distribute the evaluation version of the software in its unmodified form via electronic means. There is no charge for any of the above. You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the software with other products (commercial or otherwise) without prior written permission. *** EDUCATIONAL, GOVERNMENT AND NOT FOR PROFIT LICENSES *** The following license applies to EDUCATIONAL, GOVERNMENT AND NOT FOR PROFIT users of Audit Commander. If you have purchased a license for the registered version of Audit Commander, see the section "License Agreement" above. You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by EZ-R Stats, LLC. your use of this software indicates your acceptance of this license agreement and warranty. Licenses for educational use will be issued on request to persons providing an e-mail address at a bona-fide educational institution, whether public or private, for-profit or not for profit. Use of the software is restricted to educational use. Licenses for not for profit organizations. In the United States, organizations qualifying under section 501(c)3 may obtain licenses upon request. Decisions on organizations outside the United States will be decided on a case by case basis. Use of the software is restricted to not for profit use. Licenses for state or local governments, state and federal agencies. Licenses for use of the software in government may be obtained upon request. Use of the software is restricted to governmental use for government purposes. There is no charge for any of the above. These versions have all the software functionality of the commercial license. However, premium support such as e-mail, help-desk or video conferencing is not provided without the purchase of a commercial license. (Support via forum is free and included). 11. You may not alter or modify the Audit Commander Software and cannot give anyone else permission to modify the Audit Commander Software Software. 12. No Warranty. The same terms as paragraph 4 above. 13. Governing Law and General Provisions. The same terms as paragraph 5 above. 14. Distribution of EDUCATIONAL, GOVERNMENT AND NOT FOR PROFIT Versions. You are specifically prohibited from charging, or requesting donations, for any copies, however made; and from distributing the software without prior written permission. ###