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End User License Agreement
THIS END USER LICENSE AGREEMENT (THE "AGREEMENT") CONSTITUTES A FORMAL, BINDING LEGAL AGREEMENT BETWEEN YOU AND LiveWorkPlan, LLC (the "Company"). PLEASE READ THIS CAREFULLY BEFORE CLICKING "ACCEPT" OR DOWNLOADING OR USING THE Live Work Plan software and application (the "SOFTWARE"). BY CLICKING "ACCEPT" OR DOWNLOADING AND/OR USING THE Software, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "ACCEPT" OR DOWNLOAD OR USE THE software. AS USED HEREIN, "YOU" AND "YOUR" MEANS THE NATURAL PERSON OR THE ENTITY THAT IS AGREEING TO BE BOUND BY THIS AGREEMENT, YOUR EMPLOYEES, AND ANY THIRD PARTY CONTRACTORS THAT PROVIDE SERVICES TO YOU. YOU SHALL BE LIABLE FOR ANY FAILURE BY SUCH EMPLOYEES OR THIRD PARTY CONTRACTORS TO COMPLY WITH THESE TERMS. IF YOU COMPLY WITH THE TERMS OF THIS AGREEMENT, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE LICENSING AND USING THIS SOFTWARE.

LICENSE. Subject to the terms of this Agreement, the Company grants to You a limited, non-exclusive, non-transferable license, without right to sub-license, to use the Software in accordance with this Agreement and any other written agreement with the Company. Copies of the Software created or transferred pursuant to this Agreement are licensed, not sold, and You receive no title to or ownership of any copy or of the Software itself. All rights not expressly granted hereunder are reserved for the Company.

If You do not agree to be bound by this Agreement, do not proceed and do not install or access the Software from Your device.

RESTRICTIONS ON USE. You receive no rights to the Software other than those specifically granted in Section 1. Without limiting the generality of the foregoing, You shall not: (a) modify, create derivative works from, copy, share, distribute, publicly display, publicly perform or sublicense the Software; (b) use the Software for service bureau or time-sharing purposes or in any other way allow third parties to exploit the Software; or (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Software's source code.

USER AGREEMENT. Your license to use the Software is limited to the number of licenses You purchase. You shall not allow others to use, copy or evaluate copies of the Software. You shall use the Software in compliance with all applicable laws and not for any unlawful purpose.

COPYRIGHT. This Software contains copyrighted material, trade secrets and other proprietary material. The Company's name, logo and graphics file represented in the Software shall not be used in any way. The Company retains sole and exclusive ownership of all right, title and interest in and to the Software and all intellectual property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of the Software, and the Company's products and services.

Limitation of Liability. You will indemnify, hold harmless, and defend the Company, its members, managers, affiliates, representatives, employees, agents, distributors, successors and assigns against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of the Company's Software. In no event (including, without limitation, in the event of negligence) will the Company, its members, managers, affiliates, representatives, employees, agents, distributors, successors and assigns be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement (including, but not limited to, Your breach of the Agreement), the Software or the use or inability to use the Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Warranties. Except as expressly stated in writing, the Company makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

DISCLAIMER OF WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DOES NOT, EITHER EXPRESSLY OR IMPLICITLY, WARRANT ANY ASPECT OF THIS SOFTWARE, INCLUDING ANY OUTPUT OR RESULTS OF THIS SOFTWARE OR PROGRAM. THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY THE SOFTWARE AS WELL.

ASSUMPTION OF RISK. THE RISK OF ANY AND ALL LOSS, DAMAGE, OR UNSATISFACTORY PERFORMANCE OF THIS SOFTWARE RESTS WITH YOU AS THE USER. TO THE EXTENT PERMITTED BY LAW, THE COMPANY DOES NOT, EITHER EXPRESSLY OR IMPLICITLY, MAKES ANY REPRESENTATION OR WARRANTY REGARDING THE APPROPRIATENESS OF THE USE, OUTPUT, OR RESULTS OF THE USE OF THIS SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, BEING CURRENT OR OTHERWISE. NOR DOES IT HAVE ANY OBLIGATION TO CORRECT ERRORS, MAKE CHANGES, SUPPORT THIS SOFTWARE, DISTRIBUTE UPDATES, OR PROVIDE NOTIFICATION OF ANY ERROR OR DEFECT, KNOWN OR UNKNOWN. IF YOU RELY UPON THIS SOFTWARE, YOU DO SO AT YOUR OWN RISK, AND YOU ASSUME THE RESPONSIBILITY FOR THE RESULTS. SHOULD THIS SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL LOSSES, INCLUDING, BUT NOT LIMITED TO, ANY NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY PROPERTY INVOLVED.

PERSONAL INFORMATION. Once you have licensed the Software, Your computer or other electronic device may be used to obtain information about Your account. You are responsible for maintaining the security of Your computer or other electronic device. Depending upon the information You supply through Your use of the Software, Your Account will contain and/or display personal information or other sensitive information about You. Anyone with access to Your computer or other electronic device may be able to view this information. If You allow any person to obtain or to use Your computer or other electronic device, You will have authorized that person to access Your account and you are responsible for any actions they may take as a result of having access to Your account.

Account Maintenance. You are solely responsible for maintaining and safeguarding access to Your account. Should you suspect Your account has been compromised, it is Your sole responsibility to take immediate action to protect Your inputted information. Immediate action may include, without limitation, changing your User ID and password immediately, or contacting the Company to report an incident. An account will be deemed inactive if there has been no successful payment or login to the Account for a 90 day period. Inactive Accounts will be deleted from our system without notice. Upon deletion of your Account, your stored information may be lost and may become permanently unrecoverable.

GOVERNING LAW. The Software can be accessed from every U.S. state, as well as from other countries around the world. Each of those places has laws that may differ from those of Alabama, where the Company is located. The laws of the State of Alabama, without regard to its conflicts of law principles, will apply to all disputes based on, arising out of, or relating to this Agreement or Your use of the Software. With respect to such disputes, You submit to the exclusive personal jurisdiction and venue of any court in Cullman, Alabama and waive any objections or defenses to the contrary.

TERMINATION. Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, You agree to immediately cease use of the Software and destroy all copies of Software supplied under this Agreement. 

CONSENT OF USE OF DATA. You agree that the Company may collect and use information gathered in any manner as part of the product support services provided to You, if any, related to the Software. The Company may also use this information to provide notices to You which may be of use or interest to You.

MODIFICATIONS. This Agreement may be amended, modified, or deleted at any time with or without notice to you at the sole discretion of the Company. In the event there is a material change made to this Agreement, we will use commercially reasonable efforts to notify you of the change, provided that you have a workable email address in our system. Whether or not the change is material is within the sole discretion of the Company.

Last Revised March 25, 2015


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