TorgX:Business 3.8

EULA - End User License Agreement

TorgX.com

TorgX:Business
==================================

END-USER LICENSE AGREEMENT

This is a legal agreement between you and TorgX.com ("TorgX").

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE RUNNING THE INSTALL PROCEDURE FOR THE SOFTWARE PACKAGE. INSTALLING THE SOFTWARE PACKAGE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DELETE THE TorgX:Business SOFTWARE FILES FROM YOUR COMPUTER.

TorgX MAY MODIFY THIS AGREEMENT AT ANY TIME, FOR ANY REASON WITHOUT PRIOR NOTICE TO YOU.

1. TorgX grants you a non-exclusive, royalty-free license, as provided for herein, for the use of TorgX's computerized business system ("TorgX:Business") in association with your personal computer. You agree to adhere to TorgX's instructions as provided in Help and its related materials for the installation and use of TorgX:Business. TorgX may modify or upgrade TorgX:Business at any time for any reason.

2. TorgX:Business is owned by TorgX and is protected by International copyright laws, international treaty provisions and all other applicable national laws. Therefore, you must treat TorgX:Business like any other copyrighted material (e.g. book). You may not copy any written materials accompanying TorgX:Business.

3. You may not rent or lease TorgX:Business, sub-license or otherwise transfer or encumber its rights or obligations hereunder without the prior written approval of TorgX.

4. You understand and acknowledge that the License is strictly limited to its terms and, in particular, grants no rights to any other person and is restricted in its application solely for use by you. You may not transfer, transmit, disclose, modify, translate, adapt, reproduce, decompile, reverse engineer or disassemble TorgX:Business or any documentation related thereto without TorgX's written approval.

5. You shall indemnify and save harmless TorgX from and against any and all claims, suits, actions, costs (including reasonable legal fees and disbursements) or other liabilities to any person whatsoever arising in any way out of or in respect of any breach by you of your obligations or the restrictions set forth in this Agreement.

6. TorgX represents and warrants that TorgX:Business is provided "as is" without warranty of any kind, for your use and at your sole risk. TorgX DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO TorgX:Business AND ANY ACCOMPANYING WRITTEN MATERIALS. THERE ARE NO WARRANTIES THAT TorgX:Business WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ?TS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT IN TorgX:Business WILL BE CORRECTED. TorgX MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THE RESULTS OF YOUR USE OF TorgX:Business WITH RESPECT TO ITS CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY TorgX OR AN AUTHORIZED REPRESENTATIVE OF TorgX SHALL CREATE A WARRANTY.

7. IN NO EVENT SHALL TorgX BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE INSTALLATION, USE OR REMOVAL OF OR INABILITY TO USE TorgX:Business, EVEN IF TorgX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. This License will terminate without notice to you upon your failure to comply with any provision of this License or TorgX's instructions regarding TorgX:Business. Upon termination you must immediately cease using TorgX:Business and delete all copies of same from your computer.

9. This Agreement constitutes the entire Agreement between the Parties relating to the subject matter hereof and supersedes all prior agreements, written or oral, between the Parties relating to the subject matter hereof. There are no other terms including without limitation any representation and warranties other than those provided herein. No waiver, amendment, addition or deletion to this Agreement shall be binding unless approved in writing by TorgX.