Software License Agreement

IMPORTANT - READ CAREFULLY:

This is a legal agreement between you, either an individual or an entity and hereinafter referred to as "You" or "Your," and VSoftwareTools, Inc., hereinafter referred to as "VSoftwareTools," regarding VSoftwareTools software products, associated media, printed materials, and online or electronic documentation, collectively referred to as the "Software Product" or "Software."

BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

If You do not understand or agree to the terms of this Agreement, or are unable to form a legal contract with VSoftwareTools, do not install or use the Software. Your use of the Software is conditioned upon compliance with this Agreement.

1. Software Product License

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Unauthorized reproduction or distribution of the Software, or any portion of it, may result in civil or criminal penalties and may be prosecuted to the maximum extent permitted by law.

The Software is licensed, not sold.

2. Grant of License

This Agreement permits You a nonexclusive, nontransferable right to use one licensed copy of PMTools and related VSoftwareTools software on a single network for a single store, for so long as You remain current in Your payment obligations to VSoftwareTools.

The Software is considered "in use" when it is loaded into temporary memory, installed on a computer or server, or otherwise made available for use on the licensed network.

This license is limited to the licensed store or business location and may not be transferred to another organization, individual, store, or system except as expressly permitted by this Agreement.

For registered users, VSoftwareTools may provide access to subscription services, software updates, bug fixes, and technical support during the applicable paid subscription period.

Except as expressly stated in this Agreement, no rights are granted to patents, copyrights, trade secrets, trademarks, or other intellectual property relating to the Software.

3. Term and Termination

This Agreement remains valid for as long as You use the Software in any manner.

This Agreement will automatically terminate if You fail to comply with its terms or fail to make required payments to VSoftwareTools.

Upon termination, You must discontinue use of the Software and uninstall or destroy all copies in Your possession or control.

VSoftwareTools reserves the right to block access to the Software upon a breach of this Agreement.

4. Customer Submissions

VSoftwareTools welcomes comments, suggestions, ideas, and other feedback regarding the Software.

By voluntarily submitting comments, ideas, suggestions, or similar materials to VSoftwareTools, You grant VSoftwareTools a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide right to use, reproduce, modify, adapt, publish, translate, distribute, display, perform, and create derivative works from those submissions for any lawful purpose.

5. Consent to Use of Technical Data

You agree that VSoftwareTools may collect and use technical and related information concerning Your computer, system, application software, peripherals, carrier account information, and information stored in PostalMate or related software when necessary to provide software updates, support, services, troubleshooting, licensing, or product improvement.

VSoftwareTools may use this information to support and improve its products and services, subject to applicable privacy requirements.

6. Copyright and Restrictions

All intellectual property rights in the Software, including images, text, documentation, and other materials incorporated into the Software, are owned by VSoftwareTools, its suppliers, or licensors and are protected by United States copyright law and applicable international treaty provisions.

VSoftwareTools, its suppliers, and licensors retain all rights not expressly granted under this Agreement.

You may make copies of the Software only as reasonably necessary for authorized licensed use, backup, or archival purposes.

You may not:

• Modify, reverse engineer, disassemble, or decompile the Software except to the extent expressly permitted by law.
• Attempt to discover or obtain the Software's source code except where expressly permitted by applicable law.
• Rent, lease, sublicense, distribute, or otherwise provide unlicensed third parties access to the Software.
• Copy or distribute documentation except as reasonably necessary for Your licensed internal use.
• Use the Software for a store, organization, network, or location other than the one covered by Your license.

7. No Other Warranties

VSoftwareTools does not warrant that the Software will be error-free or uninterrupted.

To the maximum extent permitted by applicable law, the Software is provided "as is" and any express or implied warranties, including implied warranties of merchantability and fitness for a particular purpose, are disclaimed.

8. Limitation of Liability

To the maximum extent permitted by applicable law, VSoftwareTools and its suppliers will not be liable for consequential, special, incidental, indirect, exemplary, or similar damages arising from the delivery, performance, installation, or use of the Software.

This includes, without limitation, loss of use, loss of data, loss of profits, business interruption, or the cost of obtaining substitute goods or services, even if VSoftwareTools has been advised of the possibility of such damages.

Where applicable law does not permit certain exclusions or limitations, those exclusions or limitations apply only to the extent permitted by law.

In no event will VSoftwareTools' total liability for any claim exceed the license or subscription fees actually paid by You for the applicable Software, except where a greater liability is required by applicable law.

9. Export and Other Laws

You are responsible for complying with applicable export, re-export, trade-control, sanctions, and similar laws and regulations relating to Your use of the Software.

You are responsible for obtaining any licenses or authorizations required by applicable law.

10. Severability

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

11. Entire Agreement

This Agreement constitutes the entire agreement between You and VSoftwareTools concerning the subject matter of this Software license and supersedes prior written or oral agreements relating to that subject matter.

12. Governing Law

This Agreement is governed by the laws of the State of Oregon, without regard to conflict-of-law principles.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement.

13. No Waiver

A failure by either party to enforce any provision of this Agreement will not constitute a waiver of that provision or of the right to enforce that provision in the future.

Questions

Questions regarding this Software License Agreement may be directed to VSoftwareTools.

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