FunPix Mail End User License Agreement

IMPORTANT!

PLEASE READ ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS END-USER LICENSE AGREEMENT CAREFULLY. YOU ARE NOT AUTHORIZED TO INSTALL OR USE THIS SOFTWARE UNLESS AND UNTIL YOU HAVE READ, UNDERSTOOD AND AGREE TO ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This End User License Agreement (this “Agreement”) constitutes a binding legal agreement between you and 229 Software, LLC (hereinafter “Licensor”) governing your installation and use of the FunPix Mail computer software program and all accompanying materials and/or documentation (collectively, the “Software”). The Software is the copyrighted work of Licensor. By installing the Software, you agree to be bound by the terms of this Agreement. If you do not agree to all of the terms of this Agreement, you may not install, attempt to install, use or attempt to use the Software.

1. Grant of License

This Agreement grants you a limited, non-transferable, non-exclusive license to install and use one (1) copy of the Software on a single computer, workstation or terminal (“Computer”). The license for the Software may not be shared or used concurrently on different Computers. You may not sell, transfer or convey the Software to any third party without Licensor's prior express written consent. You are solely responsible for installing the Software, and for acquiring, installing and making available all computer equipment, hardware and software necessary for installation and utilization of the Software. All rights not expressly granted herein are reserved by Licensor.

2. Price and Payment

You must pay Licensor the license fee for the Software in accordance with the payment terms provided by Licensor.

3. No Maintenance and Support

This Agreement is a license of the Software only. Licensor does not assume any obligation to provide maintenance, patches or fixes to the Software. Licensor further disclaims any obligation to provide support or to prepare and distribute or make available modifications, enhancements, updates, upgrades and/or new releases of the Software.

4. Replacement, Modification and/or Upgrades

Licensor may, from time to time, and for a fee, replace, modify or upgrade the Software. When accepted by you, any such replacement or modified Software code or upgrade to the Software will be considered part of the Software and subject to the terms of this Agreement (unless this Agreement is superceded by a further Agreement accompanying such replacement or modified version of or upgrade to the Software).

5. Termination

You may terminate this Agreement at any time by discontinuing your use of the Software, removing the Software from you Computer, and destroying your copy (and any additional copies, whether or not authorized by this Agreement) of the Software. Your license to the Software and your right to continue to use the Software automatically terminates if you fail to comply with any term of this Agreement. Upon termination, you are required to remove the Software from your Computer and destroy any copies of the Software in your possession.

6. Ownership

Licensor owns and retains all rights, title and interest in and to the Software and any copies or other reproductions thereof, including but not limited to any and all copyrights, patents, trade secrets, know-how and other proprietary or intellectual property rights therein and all derivative works based thereon. You do not, by virtue of this Agreement, acquire any rights in or to any of the foregoing other than the limited license granted hereby.

7. No Reproduction or Reverse Engineering

You may not (and may not permit any other person to) reverse engineer, decompile, disassemble, translate, alter, duplicate, modify, rent, lease, loan, sublicense, reproduce, make copies of, create derivative works from, distribute or provide others with the Software, in whole or part, or attempt to discover the underlying source code of the Software or otherwise reduce the Software to human-readable form.

8. Export Restrictions

You may not export, ship, transmit or re-export the Software in violation of any applicable law or regulation, including but not limited to Export Administration Regulations issued by the U. S. Department of Commerce.

9. Disclaimer of Warranties

LICENSOR PROVIDES THE SOFTWARE “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, LACK OF NEGLIGENCE, OR LACK OF WORKMANLIKE EFFORT. IN ADDITION, LICENSOR PROVIDES NO REPRESENTATION, WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

You agree to indemnify and hold harmless Licensor and its members, managers, employees, agents and representatives from and against any and all injuries, claims, suits, losses, damages, costs and expenses (including without limitation reasonable attorneys’ fees and costs) incurred or suffered by any such person arising out of, relating to or in connection with your use or misuse of the Software or your breach of any term or condition of this Agreement.

12. General

This Agreement constitutes the entire agreement between you and Licensor regarding the Software. No modification or amendment of this Agreement will be effective unless in writing and signed by a duly authorized officer of Licensor. This Agreement shall be governed by the laws of the State of New York, without regard to the conflicts of law principles thereof. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Monroe County, New York to resolve any dispute arising under this Agreement or otherwise relating to the Software. You agree to pay all costs and expenses, including attorneys’ fees, incurred by or on behalf of Licensor in connection with any action to enforce any provision of this Agreement. The failure by Licensor to enforce any right or provision of this Agreement shall not constitute a waiver of any such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions of this Agreement shall remain in full force and effect.

ACCEPTANCE

BY CLICKING ON “I ACCEPT" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ACCEPT AND COMPLY WITH ALL OF THE PROVISIONS, TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY ALL OF THE PROVISIONS, TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT SELECT “I ACCEPT" AND YOU MAY NOT INSTALL OR USE THE SOFTWARE.