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IT, web, Internet, software, hardware, media, multimedia, photography, tech, information, technology, computer, business, company, pre-written, legal, contract, agreement, documents, templates, boilerplate, form, outline, text, terms, recitals development, design, programming SOFTWARE INCLUSION AGREEMENT This Licensing Agreement the Agreement entered into this CurrentDay day CurrentMonth CurrentYear and between CustCompany CustState company hereafter Licensee and Company hereafter Company This Agreement shall begin StartDate and shall terminate EndDate unless terminated for any reason either party upon thirty days prior written notice Recitals Licensee desires license Software the Software from Company redistributed and included product released Licensee the Product Licensee Product accordance with the terms this Agreement and outlined Exhibit the Specifications attached herein Agreements consideration the mutual covenants set forth this Agreement Company and Licensee hereby agree follows Scope Inclusion Company grants Licensee its agents successors assigns those for whom Licensee acting and those acting with its authority and permission Limited License use install and sublicense others one single copy the Software and granted the Limited right and permission distribute the Software according the Specifications set forth Exhibit third party the Sublicensee All such sublicenses must accompanied unabridged copy this license Agreement and must present this license Agreement each Sublicensee for acceptance prior any installation the Software any format Licensee solely responsible for all damages expenses fees costs associated connection with any activities under this Agreement Licensee may not appoint subdistributors transfer this Agreement under any circumstance Under circumstances may Licensee quote separate fee for value ascribed any component the Software provided Licensee Company under this Agreement Compensation The Licensee will pay Company the following license fees under this Agreement outlined Exhibit the Payment Terms Copyright Notices and Terms Licensee Product may only copyrighted whole part long Company rightful copyright notice are displayed and credited and copy this license Agreement included with Licensee Product Failure display Company copyright notices will constitute breach this Agreement Presentation Copyright License and Terms Use The Software may only included Licensee Product for distribution long this license Agreement and any other licenses terms use agreements other documentation required Company presented the Sublicensee manner which the Sublicensee can agree Acceptable formats will include the presentation the license Agreement format that the user required click agree button prior the installation the Software any other format agreed upon the Specifications Additional Licenses Company does not grant Licensee the right use Company name logo graphics text testimonials quotes other Company owned material connection with Licensee Product other than the inclusion the Software and presentation this Agreement unless otherwise agreed upon the Specifications Licensee acknowledges that Company retains all rights interest and ownership the Software time will Licensee attempt derive able assert any title interest the Software other than the rights and licenses granted under this Agreement Reverse Engineering Licensee may not modify disassemble decompile otherwise reverse engineer the Software any component thereof any time Termination Either party may terminate this Agreement any time for any reason with without notice Upon termination this Agreement all rights granted Licensee herein shall immediately cease and Licensee must immediately cease distribution the Software and remove all copies the Software from circulation where applicable Risk Use Licensee acknowledges that the Software any component therein may produce unexpected results errors and may not suitable for all platforms computers systems otherwise Use the Software Licensee any Sublicensee their own risk Responsibility for Loss Company not responsible for any down time lost files improper links any other loss that may occur during the installation use the Software Indemnification Licensee agrees indemnify and hold Company harmless from any and all claims brought any third party relating any aspect the Software including but without limitation any and all demands liabilities losses costs and claims including attorney fees arising out injury caused Software copyright infringement Licensee Product Further Licensee agrees indemnify Company from responsibility for problems disruptions caused third party services tools that Licensee may use such installation software demos trials delivery systems servers merchant accounts shopping carts shipping hosting services real time credit card processing and other services that relate the distribution delivery and inclusion Company Software Licensee Product Export Law Licensee acknowledges that the Software and its inclusion Licensee Product are subject United States export control laws and regulations Licensee agrees not export any Software component other material owned Company whether directly indirectly any country end user that subject United States export restrictions Licensee shall not import Software into any country except permitted the laws and regulations the applicable country Communication Any notice communication permitted required this Agreement shall deemed effective when personally delivered deposited postage prepaid first class regular mail addressed the other party last known address Entire Agreement This Agreement constitutes the entire Agreement the parties with regard the subject matter hereof and replaces and supersedes all other agreements understanding whether written oral amendment extension change the Agreement shall binding unless writing and signed all the parties hereto Binding Effect This Agreement shall binding upon and shall inure the benefit Licensee and Licensee successors and assigns Nothing this Agreement shall construed permit the assignment Company any its rights obligations hereunder any third party without Licensee prior written consent Disputes This Agreement shall governed and construed accordance with the laws the State State Exclusive jurisdiction and venue shall the County County State Superior Court The prevailing party shall entitled recover its reasonable attorney fees and statutory costs any portion this Agreement declared unenforceable that portion shall construed give the maximum effect possible and the remainder this Agreement shall continue full force and effect Each party represents and warrants that the date first written above they are authorized enter into this Agreement entirety and duly bind their respective principals their signature below EXECUTED the date first written above CustCompany signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Company signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Company Initials Licensee Initials
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