Software License Agreement

Important Notice
This Agreement applies to the download and use of Applications developed by Hathaway Solutions and made available at www.hathawaysolutions.com. This agreement is a legal contract between you and Hathaway Solutions, which specifies the license and terms, warranty, and liability limitations regarding your use of Applications produced by Hathaway Solutions. Download, installation or use of these Software Applications indicates your acceptance of this agreement. If you do not agree with the terms of this agreement, do not download, install, or use any Software Application.

Limited License to Use and Distribute
Subject to the terms of this Agreement, you may install one exact object code copy of the Software Application for each purchased copy of the software. If you wish to install the Software Application for use at multiple locations, you may purchase additional licenses. You are solely responsible for all expenses incurred in connection with your activities under this Agreement.

In regards to Application Hosting, Hathaway Solutions will make every effort to maintain constant and uninterrupted connections to our service. In the event of a planned upgrade or interruption of service, we will attempt to notify you and arrange to perform the upgrade during low traffic hours.

You acknowledge that this limited license applies only to Software Applications developed by Hathaway Solutions.

No Additional Licenses
This Agreement does not authorize you, in any manner or medium, to use Hathaway Solutions' name, logo, or trademark or to indicate that you are using a Hathaway Solutions Software Application in connection with your application, other than the inclusion and presentation of this Agreement as set forth above. You acknowledge and agree that all rights, title, and interest, including intellectual property rights, in and to the Software Application belong to Hathaway Solutions. You do not derive and will not be able to assert any title or interest in the Software Application other than the rights and licenses granted under this Agreement. When purchasing a Standard License, you may not modify, translate, decompile, disassemble, or reverse engineer the Software Application. The Developer License for the Software Application will allow you to modify and customize the Software Application, however, at your own risk. When you modify the code of the Software Application, Hathaway Solutions may not be held responsible for the functionality of the Software Application.

You acknowledge and agree that you do not receive any rights to patents, copyrights, trademarks, or any other rights or licenses belonging to Hathaway Solutions beyond those expressly granted in this Agreement (or any agreement accompanying a third party Software Application).

Termination
Hathaway Solutions may terminate this Agreement at any time for any reason (or no reason), with or without notice. Upon any termination of this Agreement, all rights granted herein shall immediately terminate, and you must promptly return to Hathaway Solutions or destroy all copies of all Software Applications obtained from Hathaway Solutions.

Risk of Use
You understand that the Software Components have been tested and found to be free of errors in our testing environment. Should you encounter errors or unexpected results, Hathaway Solutions will attempt to fix the problem by providing a software patch or update provided the code appears in its original form. Your modification of the code in any Software Application is entirely at your own risk.

Indemnification
You agree to defend, indemnify, and hold harmless Hathaway Solutions from and against any and all claims, suits, losses, damages, obligations, expenses (including, but not limited to, reasonable attorney's fees), penalty, deficiency, or liability imposed upon, incurred by, or asserted against Hathaway Solutions that result from or are alleged to result from (a) any breach of this Agreement, (b) any acts, misrepresentations, or omissions in connection with this Agreement, (c) any modification or alteration of a Software Application (other than one made by Hathaway Solutions), and/or (d) any warranty, condition, representation, or indemnity granted by you for any Software Application.

Limitation on Liability
In no case shall Hathaway Solutions be liable to you or any third party for any indirect, incidental, special, or consequential damages or loss, including, without limitation, damages for loss of business, business interruption, lost profits or the inability to use Services or access data, arising out of the use of, or inability to use, the Software Applications or Services, whether such damages are based upon a breach of express or implied warranties, breach of contract, tort (including negligence), strict tort, product liability or any other legal theory. This is true even if Hathaway Solutions or their representatives have been advised of the possibility of such damages and even if a remedy, if any, set forth herein is found to have failed of its essential purpose. In no case will Hathaway Solutions' liability exceed the amount of the license fee, if any, actually paid by you to Hathaway Solutions.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from state to state.

Export Law Assurances
You acknowledge that the Software Applications are subject to the export control laws and regulations of the United States. You confirm and agree that you will not export any Software Component, directly or indirectly, to any country or end user prohibited by the United States Export Administration Act and regulations thereunder, or import into any country, except as permitted by the laws and regulations of the applicable country.

Miscellaneous
You have no authority to act on Hathaway Solutions' behalf or to bind Hathaway Solutions to any obligation or representation, and you and Hathaway Solutions shall not be deemed to be partners, joint venturers, or agents of the other. The internal laws of the State of New York control this Agreement if you are located in the United States, without regard to its principles of conflict of laws. The provisions relating to No Additional Licenses, Termination, No Warranty, Limitation on Liability, Indemnification, Export Law Assurances, and Miscellaneous shall survive the termination of this Agreement. This Agreement is the complete agreement between you and Hathaway Solutions concerning the Software Application, and supercedes all prior agreements or understandings, whether oral or written. The failure or delay of Hathaway Solutions to exercise any of its rights under this Agreement or upon any breach of this Agreement is not a waiver of those rights or of the breach.