Time Tulz License Agreement The following is the license agreement included with Time Tulz, which must be digitally signed prior to use: Be sure to carefully read the license terms described below. You will be asked to review and either accept or not accept the license terms. You will not be able to use the software unless you accept the license terms. NOTE: Paper license terms which may accompany the software replace (to the extent such license terms are inconsistent with) any on-screen license terms contained in the software. You may print the text of these license terms, or refer to a copy of these license terms, which can be found in the License.txt file of this software. If you would like to print these license terms before proceeding, please exit set-up by pressing the "Disagree" button and then print the license terms from the License.txt file. You may resume set-up at any time. If you have any questions regarding these license terms or if you would like to receive a copy of them, please contact Anx Labs Inc. at
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. Your click of the "I Agree" button is a symbol of your signature that you accept these license terms.
LICENSE TERMS FOR ANX LABS SOFTWARE TIME TULZ ---------------------------------------------------------------------------------------- THESE LICENSE TERMS ARE AN AGREEMENT BETWEEN ANX LABS CORPORATION AND YOU. PLEASE READ THEM. THEY APPLY TO THE SOFTWARE NAMED ABOVE WHICH INCLUDES THE MEDIA, IF ANY, ON WHICH YOU RECEIVED IT. THESE LICENSE TERMS ALSO APPLY TO ANY ANX LABS: • UPDATES, • SUPPLEMENTS, AND • SUPPORT SERVICES, FOR THIS SOFTWARE UNLESS OTHER TERMS ACCOMPANY THOSE ITEMS. IF SO, THOSE OTHER TERMS APPLY. BY USING THE SOFTWARE, YOU ACCEPT THESE LICENSE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN THE SOFTWARE AND CONTACT ANX LABS AT
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. ANX LABS INC. DOES NOT COLLECT ANY INFORMATION FROM YOU OR YOUR COMPUTER SYSTEM THAT CAN BE USED TO IDENTIFY YOU OR CONTACT YOU WITHOUT YOUR CONSENT. THIS AGREEMENT OPERATES AS YOUR CONSENT TO THE COLLECTION OF CERTAIN INFORMATION FOR INTERNET-BASED SERVICES AS DESCRIBED BELOW. ---------------------------------------------------------------------------------------- 1. USE RIGHTS. Installation and Use. If you comply with this agreement, you may, for each license you acquire: • Install and use one copy of the software on one personal computer or other device. You may install multiple copies of the software on one device, provided that you have a license for each copy. A license for the software may not be shared or used concurrently on different personal computers or devices. • Install and use a second copy of the software on a portable device for use only by the primary user of the first copy. • Install one copy of the software on a storage device, such as a network server, used only to run the software on your other personal computers or devices, provided that you acquire and dedicate a license for each separate personal computer or device on which the software is run from the storage device. 2. USE LIMITATIONS. • Not for Resale Software. You may only demonstrate or evaluate the software if it is labeled “Not For Resale” or “NFR.” 3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. Anx Labs Inc reserves all other rights. For example, you may not: • Reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits it, despite this limitation, • Make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation, • Publish the software for others to copy, • Rent, lease or lend it, or • Use it for commercial software hosting services. 4. TRANSFER. a. Transfer to Another Device. You may uninstall the software and install it on another device for your use. You may not do so to share this license between devices to reduce the number of licenses you need. b. Transfer to a Third Party. The first user of the software may transfer it and this agreement directly to another user. Before the transfer, the other user must agree that this agreement applies to them. The transfer must include the software and accompanying materials. The first user must uninstall the software and may not retain any copies. 5. UPGRADES. If the software is identified as an upgrade, you may use it only if you have a license to use the software eligible for upgrade. This agreement takes the place of the agreement for that earlier version. You may not use the earlier version after you upgrade. The software may contain mandatory operating systems software upgrades required for proper operation of the software. Any such systems software upgrades are licensed pursuant to the same terms as provided in your license to the operating system. 6. EXPORT RESTRICTIONS. The software is subject to U.S. export laws and regulations. You must comply with all domestic and international export law and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. 7. SUPPORT SERVICES. Anx Labs provides support services for the software as described at www.anxlabs.com/TimTulz/support.html. 8. APPLICABLE LAW. a. Software Acquired Inside of United States. If you acquired this software in the United States, Florida state law governs the interpretation of this agreement and applies to all claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Software Acquired Outside of United States. If you acquired this software in any other country, the laws of the country where you live apply. 9. ENTIRE AGREEMENT. This agreement (including the Limited Warranty below) and any amendments to it, and the terms for supplements, updates, and support services, are the entire agreement for the software and support services. 10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. If the laws of your state or country do not permit it, this agreement does not change those rights. ___________________________________________________________ LIMITED WARRANTY A. LIMITED WARRANTY FOR SOFTWARE ACQUIRED INSIDE THE U.S. AND CANADA. B. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE U.S. AND CANADA. Anx Labs warrants that (a) the software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any support services provided by Anx Labs shall be substantially as described in applicable written materials provided to you by Anx Labs, and Anx Labs support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the software, if any, are limited to ninety (90) days. C. CUSTOMER REMEDIES. Anx Labs’s entire liability and your exclusive remedy shall be, at Anx Lab’s option, either (a) return of the price paid, if any, or (b) repair or replacement of the software that does not meet Anx Lab’s Limited Warranty and which is returned to Anx Labs with a copy of your receipt. This Limited Warranty is void if failure of the software has resulted from accident, abuse, or misapplication. Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Anx Labs are available without proof of purchase from an authorized international source. D. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANX LABS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. E. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANX LABS 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 OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ANX LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ANX LAB’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO AN ANX LABS SUPPORT SERVICES AGREEMENT, ANX LAB’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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