eDocOrganizer™ 3.0 - License Agreement
 
PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOLUTION. BY USING THIS SOLUTION, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS SOLUTION AND DELETE IT FROM YOUR SYSTEM.  
 
The enclosed "eDocOrganizer" electronic solution ("Solution") is licensed, not sold, to you by Jaminmark for use only under the terms of this License, and Jaminmark reserves any rights not expressly granted to you. You own the media on which the Solution is recorded or fixed, if you purchased the Solution in that manner, but Jaminmark and its licensors retain ownership of the Solution itself. 
 
1.     License. This License allows you to:
 
     (a) Use the Solution on a single computer. To "use" the Solution means that the Solution is either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, etc.). 
 
     (b) Make copies of the Solution in machine readable form solely for you own personal use and for backup purposes. As an express condition of this License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by Jaminmark. 
 
     (c) Permanently transfer all your rights under this License to another party by providing to such party all copies of the Solution licensed under this License together with a copy of this License and the accompanying written materials, provided that the other party reads and agrees to accept the terms and conditions of this License.
 
2.     Restrictions. The Solution contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOLUTION TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOLUTION OR ANY PART THEREOF.
 
3.     Termination. This License is effective until terminated by Jaminmark or John A. Sercel. This License will terminate immediately without notice from Jaminmark or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Solution, all accompanying written materials and all copies thereof, and Sections 6, 7 and 8 will survive any termination. 
 
4.     Passwords. The Solution licensed to you contains features which are protected by certain passwords. You are not authorized to enter, remove or change such passwords, and only Jaminmark is authorized to enter, remove or change such passwords. Except for the passwords which Jaminmark licenses you to use.
 
5.     Export Law Assurances. You agree that neither the Solution nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act. 
 
6.     Limited Warranty. Jaminmark warrants for a period of ninety (90) days from your date of purchase that (i) the media on which the Solution is recorded, if the Solution was purchased in that manner, will be free from defects in materials and workmanship under normal use, and (ii) the Solution as provided by Jaminmark will substantially conform to Jaminmark published specifications for the Solution. Jaminmark's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Jaminmark's option, replacement of the media, if the Solution was purchased in that manner, refund of the purchase price or repair or replacement of the Solution.
 
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY JAMINMARK AND JAMINMARK AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOLUTION AND ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
 
7.     Limitation of Remedies and Damages. In no event will Jaminmark, its parent or subsidiaries or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Solution or accompanying written materials, regardless of the basis of the claim and even if Jaminmark or a Jaminmark representative has been advised of the possibility of such damage. Jaminmark's liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the money paid for the Solution that caused the damages. 
 
THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 
 
8.     General. This License will be construed under the laws of the State of Tennessee, except for that body of law dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. If the Solution is supplied to the United States Government, the Solution is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the Solution are as provided in clause 52.227-19 of the FAR.