Thunder Batch 2.1.2

EULA - End User License Agreement

End-User License Agreement ("License")
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING WITH PRODUCT INSTALLATION.

BY INSTALLING THE SOFTWARE, LICENSEE INDICATES ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THOR SYSTEMS IS WILLING TO PERMIT LICENSEE’S USE OF THIS SOFTWARE ONLY UPON THE CONDITION THAT LICENSEE ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT.

IF LICENSEE DOES NOT AGREE TO THE TERMS OF THIS LICENSE, LICENSEE MUST NOT PROCEED WITH INSTALLATION OF THE SOFTWARE.

The Thunder Batch Software (“Software Product”) is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.

1. GRANT OF LICENSE. This Agreement grants Licensee the following non-exclusive and non-transferable rights:

a) Installation and Use. Licensee may install and use the Software Product on each computer for which Licensee has accepted the terms of this License. The Software Product function is dependent upon "License Activation" of the installed Software Product:

i) Demo License Mode. The Licensee agrees that under the Demo License Mode, the Licensee may not be able to access all features of the Software Product and Licensee may be subject to licensing reminders. Licensee expressly acknowledges that Thor Systems shall not be liable to Licensee for any loss of use of data associated with these behaviors.

ii) Fully Licensed Mode. Under the Fully Licensed Mode, the Licensee can access the Software Product with all its features and functionalities. Licensee is not authorized under this Agreement to use, or permit the use of, the Software Product in Fully Licensed Mode on more than a single physical or virtual computer unless the Licensee has purchased additional licenses for the use of the Software Product on multiple computers. If extensive changes are made to the hardware configuration of the computer in Fully Licensed Mode, the Software Product may revert to the Demo License Mode as outlined above. Licensee expressly acknowledges that Thor Systems shall not be liable to Licensee for any loss of use of data associated with these behaviors.

b) Internal Use. Once installed in accordance with this Agreement, Licensee may use the Software Product for internal use only and may not, directly or indirectly, use the Software Product to perform services on behalf of any third party. Under no circumstances shall the Software Product be used to process the data or information of third parties except the information of third parties which is used by the Licensee pursuant to a separate agreement between the Licensee and any third party.

c) Other Restrictions on Use. The only rights Licensee is granted by way of this Agreement are those that are expressly provided for herein and no other rights shall be implied. Licensee’s rights under this Agreement shall not include the right to grant sublicenses, redistribute or transfer (including transfer by rental or lease) the Software Product or any part thereof. Any attempt to grant sublicenses, redistribute or transfer any rights shall be considered a breach of this Agreement. Licensee may not modify, create derivative works from, reverse engineer, decompile, or disassemble the Software Product except to the extent the foregoing restriction is expressly prohibited by applicable law.

d) Backup. After installation of the Software Product pursuant to this Agreement, Licensee may keep the original media on which the Software Product was provided solely for archival purposes or for reinstallation of the Software Product in accordance with the terms of this License.

2. OWNERSHIP. All right, title and interest (including all rights under patent, trademark and copyright law) in and to the Software Product, accompanying printed materials, and any copies Licensee is permitted to make herein, shall remain with Thor Systems.

3. EXPORT CONTROLS. Licensee agrees and certifies that no technical data received from Thor Systems, nor the direct product thereof, will be shipped, transferred or exported, directly or indirectly, to any country in violation of any applicable law, including the United States Export Administration Act and the regulations thereunder.

4. TERMINATION. Licensee may terminate this Agreement by uninstalling the Software Product and all copies thereof. Thor Systems may immediately terminate this Agreement if the Licensee breaches any provisions of this License. Upon termination, Licensee shall immediately cease use of the Software Product.

5. WARRANTIES & REPRESENTATION.

a) DISCLAIMERS OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN THE SOFTWARE PRODUCT AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER STATUTORY OR COMMON LAW WARRANTIES. NO WARRANTY IS MADE REGARDING THE PERFORMANCE OF THE SOFTWARE PRODUCT OR THE RESULTS THAT MAY BE OBTAINED BY USING THE SOFTWARE PRODUCT AND DOCUMENTATION. THE ENTIRE RISK AS TO THE INSTALLATION, USE QUALITY, AND PERFORMANCE OF THE SOFTWARE PRODUCT IS WITH LICENSEE. UNDER NO CIRCUMSTANCES SHALL THOR SYSTEMS BE LIABLE FOR ANY LOSS OF DATA. THOR SYSTEMS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SOFTWARE PRODUCT WILL MEET LICENSEE’S SPECIFIC REQUIREMENTS. Some states do not allow the limitation or exclusion of implied warranties, so the above limitation or exclusion may not apply to Licensee. In such event, any warranties required by law are limited to the maximum extent permissible.

b) LIMITED REMEDIES. Under Demo mode, Thor Systems does not provide any remedy to the Licensee under this Agreement. Under Fully Licensed Mode, Thor Systems entire liability to Licensee and Licensees exclusive remedy shall be either the correction or replacement of the Software Product, or a refund of the license fees paid by Licensee in Thor Systems discretion.

c) THIRD PARTY WARRANTIES. Any statements made by a third party regarding the Software Product are not warranties and cannot be relied on by Licensee.

d) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THOR SYSTEMS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF THOR SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THOR SYSTEMS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE PRODUCT LICENSE. Some states do not allow the limitation or exclusion of implied warranties, so the above limitation or exclusion may not apply to Licensee. In such event, any warranties required by law are limited to the maximum extent permissible.

6. GENERAL. This Agreement will inure to the benefit of Thor Systems, its successors, and assigns. This Agreement shall be governed by the laws of the State of New Jersey. Any action to enforce the terms of this Agreement shall be venued in the state or federal courts located in the State of New Jersey. The Agreement supersedes any prior agreements between the parties regarding the same subject matter. All notices made pursuant to this Agreement shall be in writing and delivered by overnight delivery service or certified mail return receipt requested, to Thor Systems at P.O. Box 350, Basking Ridge, N.J. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted and the remainder of this Agreement will remain in full force.

BY CLICKING "I AGREE" DURING INSTALLATION, LICENSEE:
• ACKNOWLEDGES THAT LICENSEE HAS READ AND UNDERSTANDS THIS AGREEMENT;
• REPRESENTS THAT LICENSEE HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF HIS COMPANY OR HIMSELF;
• REPRESENTS ON BEHALF OF LICENSEE’S COMPANY OR ITSELF TO BE BOUND BY AND TO PERFORM THE OBLIGATIONS OF THIS AGREEMENT;
Please print a copy of this license for future reference.