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INTERACTIVE, INC.

END USER LICENSE AGREEMENT


PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY. IT AF
FECTS YOUR RIGHT TO UTILIZE THE SOFTWARE THAT YOU ARE PURCHASING. ONCE YOU DOWN
LOAD THE PRODUCT OR OPEN THE SHRINK WRAP YOU SHALL BE DEEMED TO HAVE ACCEPTED A
LL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.
THIS END USER LICENSE AGREEMENT (the "Agreement"), is made and entered into by a
nd between INTERACTIVE, INC., a Georgia Corporation ("ITA") and the party signed
below as licensee ("Licensee"), effective as of the date this Agreement is exec
uted by ITA.
LICENSE
ITA hereby grants to Licensee, subject to the terms and conditions hereof, a per
petual non-exclusive license to utilize the Custom Program (as defined below) an
d any related written documentation ("Documentation") provided by ITA to License
e with respect to the Custom Program. Pursuant to this Agreement, Licensee may:
1. use the Custom Program on any computer (including the transfer of the Custom
Program to a single hard disk), however, unless additional copies are obtained f
rom ITA, Licensee may not sublicense or otherwise make the Custom Program availa
ble to others for their use, or utilize the Custom Program on more than one comp
uter at the same time, or on any network server unless a network version of the
Custom Program has been purchased from ITA; and
2. copy the Custom Program in machine readable form for "backup" purposes only o
nto another diskette, however, no more than two additional backup copies (includ
ing the original diskette if the Custom Program was transferred to a hard disk)
may be made and only for this purpose, and provided that Licensee agrees to repl
icate the copyright notice shown below on any such copies; and
3. use the Documentation in a manner sufficient to enable Licensee to utilize th
e Custom Program.
For the purposes of this Agreement, "Custom Program" shall mean the program(s) p
urchased on this e-commerce website or contained within the shrink wrap package.
Licensee may not use the Custom Program for resale or re-engineering purposes.
RESTRICTIONS
Licensee hereby acknowledges that the Custom Program and Documentation are and s
hall remain the property of ITA and that, except as expressly provided for in th
is Agreement, no right is granted to Licensee to (i) copy, print or transfer all
or any part of the Custom Program or Documentation, (ii) modify the Custom Prog
ram or merge or utilize all or any part of the Custom Program with or into any o
ther computer program, or (iii) compile, reverse compile or disassemble all or a
ny part of the Custom Program, for any reason whatsoever.
COPYRIGHT AND NOTICE
THE CUSTOM PROGRAM AND THE DOCUMENTATION ARE COPYRIGHTED BY AND BELONG TO INTERA
CTIVE, INC. ("ITA") AND EXCEPT AS PERMITTED BY THIS AGREEMENT, LICENSEE MAY NOT
DUPLICATE THE CUSTOM PROGRAM OR DOCUMENTATION. LICENSEE SHALL NOT ALTER OR REMO
VE, OR PERMIT ANY PERSON TO ALTER OR REMOVE ANY OF THE COPYRIGHT OR OTHER NOTICE
S OF ITA ON, STATED IN OR AFFIXED TO THE CUSTOM PROGRAM OR DOCUMENTATION, OR ON
ANY DISKETTES, COVERS OR OTHER PACKAGING MATERIAL CONTAINING THE CUSTOM PROGRAM
OR DOCUMENTATION.
TERM
This Agreement and the license granted in this Agreement are effective until ter
minated. Licensee may terminate this License Agreement voluntarily at any time
by so notifying ITA, returning the Custom Program and Documentation to ITA, and
destroying all copies. If Licensee transfers possession of any copy of the Cust
om Program or Documentation without the express written consent of ITA or otherw
ise fails to abide by the terms hereof, this License shall be automatically term
inated and Licensee shall immediately forfeit any right to the continued utiliza
tion of the Custom Program or Documentation, and upon demand by ITA, Licensee mu
st return the Custom Program and Documentation to ITA and destroy all copies. T
he revocation of this License pursuant to these terms shall not result in the re
fund of any monies paid by Licensee.
LIMITED WARRANTY
When used as directed in the Documentation, ITA warrants to Licensee that for a
period of ninety (90) days from the date of its delivery, (i) the Custom Program
will perform substantially in accordance with the specifications stated, and (i
i) any downloaded software is free of any virus or the diskette media is free fr
om defects in materials and workmanship. ITA's entire liability and Licensee's e
xclusive remedy shall be, with respect to the warranty in (i) above to either, a
t the option of ITA, (a) a return of the license fee paid for the Custom Program
and the Documentation, or (b) correction of any errors or bugs identified to IT
A to bring the Custom Program in substantial conformity with the specifications
noted in the Addendum, and with respect to the warranty in (ii) above, ITA will
replace any defective media at no charge, if any such defect is discovered and t
he media is returned to ITA before the expiration of the applicable warranty per
iod. Any such claim or return should be made to ITA at the address noted above,
together with written notification of the defect or error. This warranty gives
you specific legal rights, however, you may also have other rights which vary f
rom state to state.
DISCLAIMER OF OTHER WARRANTIES
EXCEPT AS PROVIDED ABOVE, ITA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INC
LUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHIC
H ITA HEREBY EXPRESSLY DISCLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMP
LIED WARRANTIES, SO THAT THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL ITA BE LIABLE, WHETHER IN CONTRACT OR IN TORT, OR ANY OTHER LE
GAL THEORY, FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
IN CONNECTION WITH THE USE OF THE CUSTOM PROGRAM OR DOCUMENTATION, INCLUDING, W
ITHOUT LIMITATION, LOST PROFITS OR REVENUES, EVEN IF ITA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES THEREFORE, THE ABOVE LIMITATION OR EXCLUSION MAY NOT A
PPLY TO YOU.
COMPLETE AGREEMENT
This Agreement supersedes all prior written or oral agreements between the parti
es hereto, if any, and is not assignable. It may be amended only in a written d
ocument that is signed by both parties hereto. Support or maintenance of the Cu
stom Program is not a part of this Agreement. Licensee may obtain support and m
aintenance of the Custom Program through a separate agreement executed with ITA.
MISCELLANEOUS
No failure or delay to exercise any right or remedy under this Agreement shall o
perate as a waiver, and a single or partial exercise of any right or remedy will
not preclude the further exercise of such right or remedy or any other right or
remedy. This Agreement shall be construed and enforced in accordance with the
laws of the United States and the State of Georgia.