ZipForm Desktop

END-USER LICENSE AGREEMENT FOR RE FORMSNET PRODUCTS AND SERVICES CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE INSTALLING OR USING THE RE FORMSNET PRODUCTS OR SERVICES REFERENCED IN THIS AGREEMENT. THIS IS A LEGALLY BINDING AGREEMENT. YOUR CONTINUED ACCESS TO OR USE OF THE PRODUCT OR SERVICE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH MAY BE FOUND AT WWW.WINFORMS.COM, WWW.ZIPFORM.COM OR SUCH OTHER WEBSITE AS DESIGNATED BY RE FORMSNET, AND WHICH MAY BE REVISED FROM TIME TO TIME. This End-User License Agreement ("Agreement") is a legally binding agreement between you and RE FormsNet, LLC ("RE FormsNet") regarding the RE FormsNet software product(s) identified as WINForms® and/or ZipForm®, the proprietary forms and WINForms®/ZipFormâ Forms Viewer, or such other name(s) as they may be known as from time to time ("Forms Software"), and/or other RE FormsNet products/services (each, an "RE FormsNet Product") referenced in this Agreement. By downloading, installing, copying, or otherwise accessing or using the RE FormsNet Product, you agree to be bound by the terms of this Agreement, which include a software license and disclaimer of software and hardware warranty. If you do not agree to the terms of this Agreement, you may not install or use the RE FormsNet Product. SECTION 1. FORMS SOFTWARE; GRANT OF LICENSE. The Forms Software and its written documentation (including a user guide built into the Forms Software) are owned by or licensed to RE FormsNet and protected by copyright laws, international copyright treaties and other intellectual property laws and treaties. The Forms Software is being licensed to you, not sold, and is intended to be used as an electronic forms-filling software program. The Forms Software is licensed to you as follows: A. Grant of License. 1. Individual Purchase. If you purchased the Forms Software as an individual user, RE FormsNet grants you a license to use the Forms Software for a period commencing on the date of purchase and ending twelve (12) months after the date of purchase. 2. Multi-User or Third Party Purchase. If you are using a multi-user version of the Forms Software, or if the Forms Software is being provided to you under the terms of an agreement between RE FormsNet or Real Estate Business Services, Inc. and a third party, such as your real estate brokerage, a state or local association/board of REALTORS® or a multiple listing service, RE FormsNet grants you a license to use the Forms Software for a period commencing on the date RE FormsNet creates your account and ending one (1) year after the date RE FormsNet creates your account; provided, however, that your license may terminate earlier in accordance with the agreement between RE FormsNet or Real Estate Business Services, Inc. and the third party. Please see Section 5 for more information on termination of your Forms Software license. 3. If you are a California Association of REALTORS® member (hereinafter "C.A.R. Member") during the 2007 membership year, RE FormsNet grants you a license to use the Forms Software through March 31, 2008. B. Installation and Use. 1. Desktop Version/Individual License: (a) ZipForm®: RE FormsNet grants you the right to install and use the ZipForm® Forms Software on a maximum of three (3) personal computers owned by you. If more installations are desired, you must purchase additional licenses. Each license is registered to you as an individual user. (b) WINForms®: If you are a C.A.R. Member, RE FormsNet grants you the right to install and use the WINForms® Forms Software on any number of personal computers owned by you. If you are not a C.A.R. Member, RE FormsNet grants you the right to install and use the Forms Software on a maximum of three (3) personal computers owned by you. If more installations are desired, you must purchase additional licenses. Each license is registered to you as an individual user. 2. Desktop Version/Multi-User License: (a) ZipForm®: RE FormsNet grants you the right to install the ZipForm® Forms Software on a maximum of three (3) of your office computers in one (1) location, and to you and each licensee for whom you have paid a multi-user license fee the right to use the multi-user version of the ZipForm® Forms Software. You agree to be responsible for monitoring such use and, if the licensee no longer works at that office location, to ensure that the licensee no longer has access to or use of the multi-user version of the ZipForm® Forms Software. Such installation and use is limited to office computers located in the same office location. If you wish to add additional offices or licensees, you must pay additional multi-user license fees. Each license is registered to you and your licensees as individual users and your office as an office location. (b) WINForms®: If you are a C.A.R. Member, RE FormsNet grants you and each REALTORâ licensee for whom you have paid a multi-user license fee the right to use the WINForms® Forms Software and the right to install the WINForms® Forms Software on an office computer and on any personal computer owned by you or a REALTORâ licensee for whom you have paid a multi-user license fee. You agree to be responsible for monitoring such use and, if the REALTOR® licensee no longer works at that office location, to remove the WINForms® Forms Software from any personal computers owned by that REALTOR® licensee and to ensure that the REALTOR® licensee no longer has access to or use of the multi-user version of the WINForms® Forms Software. In the case of computers owned by your office, such installation and use is limited to computers located in the same office location. If you wish to add additional offices or REALTOR® licensees, you must pay additional multi-user license fees. Each license is registered to you and your REALTOR® licensees as individual users and your office as an office location. If you are not a REALTOR®, RE FormsNet grants you and each licensee for whom you have purchased a multi-user license the right to install the WINForms® Forms Software a maximum of three (3) times per licensee as long as one installation is on an office computer and the other installations are on a personal computer owned by you or a licensee for whom you have purchased a multi-user license. You agree to be responsible for monitoring such use and, if the licensee no longer works at that office location, to remove the WINForms® Forms Software from any personal computers owned by that licensee and to ensure that the licensee no longer has access to or use of the multi-user version of the WINForms® Forms Software. In the case of computers owned by your office, such installation and use is limited to computers located in the same office location. If you wish to add additional offices or licensees, you must pay additional multi-user license fees. Each license is registered to you and your licensees as individual users and your office as an office location. 3. Online (Internet-Based) Version/Individual License: RE FormsNet grants you the right to use the Forms Software online located at www.winformsonline.com (WINForms®), www.zipformonline.com (ZipForm®) or such other website designated by RE FormsNet and the right to install the WINFormsâ/ZipForm® Forms Viewer, as applicable, on any number of personal computers owned by you. Each license is registered to you as an individual user. 4. Online (Internet-Based) Version/Multi-User License: (a) ZipForm®: RE FormsNet grants you and each licensee for whom you have purchased a multi-user license the right to use the ZipForm® Forms Software online located at www.zipformonline.com or such other website designated by RE FormsNet and the right to install the ZipForm® Forms Viewer on any number of personal computers owned by you and each licensee for whom you have paid a multi-user license fee. You agree to be responsible for monitoring such use and to ensure that a licensee no longer has access to or use of the multi-user version of the Forms Software once the licensee no longer works at that office location. If you wish to add additional offices or licenses, you must purchase additional licenses. Each license is registered to you and your licensees as individual users and your office as an office location. (b) WINForms®: If you are a C.A.R. Member, RE FormsNet grants you and each REALTORâ licensee for whom you have paid a multi-user license fee the right to use the WINForms® Forms Software online located at www.winformsonline.com or such other website designated by RE FormsNet and the right to install the WINFormsâForms Viewer on any number of personal computers owned by you and each REALTOR® licensee for whom you have paid a multi-user license fee. You agree to be responsible for monitoring such use and to ensure that a REALTOR® licensee no longer has access to or use of the multi-user version of the Forms Software once the REALTOR® licensee no longer works at that office location. If you wish to add additional offices or REALTOR® licensees, you must pay additional multi-user fees. Each license is registered to you and your REALTOR® licensees as individual users and your office as an office location. C. Forms Software; Portable Data Format (.pdf). RE FormsNet grants you the right to use the Forms Software to export the Desktop, Online and Multi-User versions of the forms to .pdf format. The export of the forms will result in the creation of a .pdf file. RE FormsNet shall not be responsible for providing you with the applicable software to open, view or otherwise use the .pdf file. Forms exported from the Forms Software to .pdf format may not be altered, manipulated or changed in any way, including but not limited to, altering the form text, altering the data within the form, removing copyright dates and/or symbols, and removing company specific information which is embedded in the form. Any alteration of the forms in .pdf format constitutes a violation of this Agreement and may result in a violation of law and civil and/or criminal penalties. You may not reproduce or display blank .pdf versions of the forms within the Forms Software, on the Internet or in any other manner unless expressly permitted by the copyright holder of the forms. Such actions may constitute a copyright violation of the copyright owner’s forms, may result in a violation of law and civil and/or criminal penalties and, in addition to any other remedies, may result in the termination of this Agreement by RE FormsNet. D. Printing Out/Using Blank Forms. The Forms Software is intended to be used as an electronic forms-filling software program. You may not use it for the purpose of printing out, or reproducing in any way, blank pages of the forms contained within the Forms Software so as to manually insert information on hard copies unless permitted by the copyright holder of the forms. You may not enter nominal characters, such as "." "," "xxxxxxxx" or other characters that do not in good faith constitute real estate transaction information, in order to circumvent the requirements of this section unless permitted by the copyright holder of the forms. Such actions constitute a copyright violation of the California Association of REALTORS®’ standard forms and, in addition to any other remedies, may result in the termination of this Agreement by RE FormsNet. E. User Name. When the forms print out, they may automatically identify the licensed user's name and/or company information at the bottom of the forms. Those using the Forms Software do so knowing that the licensed user’s name and/or company information will print out in this fashion. SECTION 2. OTHER RE FORMSNET PRODUCTS AND SERVICES; GRANT OF LICENSE. The following terms apply to the following RE FormsNet Products: A. WINForms®/ZipForm®Mobile, WINForms®/ZipForm®MLS-Connect, WINForms®/ZipForm®Mac-Connect, WINForms®/ZipForm®Online Plus. 1. By purchasing, installing or otherwise using WINForms®/ZipForm®Mobile, WINForms®/ ZipForm®MLS-Connect, WINForms®/ZipForm®Mac-Connect and/or WINForms®/ZipForm®Online Plus (each individually, the "Service"), you agree to be bound by the following terms. If you do not agree to the terms, you may not install or otherwise use the Service. Unless otherwise agreed by RE FormsNet in writing, RE FormsNet reserves the right to change the terms, conditions, and notices under which the Service is offered, including but not limited to the charges and fees associated with the use of the Service. You are responsible for regularly reviewing the terms and conditions. Your continued permission to use of the Service is contingent upon your agreement to all such terms, conditions, and notices, and your continued use constitutes and evidences your agreement. RE FormsNet grants you a personal, non-exclusive, non transferable, non-sublicensable license to use the Service for a period commencing on the date of purchase and ending on the last day of the license period of your current WINForms®/ZipForm®Online license. Unless otherwise licensed by RE FormsNet, the Service is for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, reproduce, publish, license, sublicense, sell, create derivative works from or transfer the Service or any source code, object code or documentation in connection therewith. The Service is expressly designed and intended to be used in conjunction with WINForms®/ZipForm®Online (as applicable), and cannot be used if you do not have or fail to maintain a valid license to use WINForms®/ZipForm®Online (as applicable). Your license to use the Service entitles you to access your individual WINForms®/ZipForm®Online (as applicable) account only. You may not access the WINForms®/ZipForm®Online (as applicable) account of any other end user through the Service. In order to use WINForms®/ZipForm®MLS-Connect, you must have and maintain valid permission to access and use content within your multiple listing service ("MLS")’s database, and your MLS must have an agreement in place with RE FormsNet in connection with the Service. Should the agreement between RE FormsNet and your MLS terminate, your access to and use of WINForms®/ZipForm®MLS-Connect shall also terminate. Should your WINForms®/ZipForm® Online Plus license terminate, your access to any documents maintained or stored using WINForms®/ZipForm® Online Plus will terminate, and the documents may be deleted from your WINForms®/ZipForm® Online Plus account in a time period at RE FormsNet’s discretion and may not be recoverable. B. Single Sign On. If you have purchased a license to use the Single Sign On service or if a license was purchased on your behalf or provided to you by a third party, RE FormsNet hereby grants you a license to use the Single Sign On Service. The license period is for one (1) year from the date of purchase or, if the Single Sign On Service is being provided to you under the terms of an agreement between RE FormsNet and a third party, one (1) year from the date RE FormsNet creates your account. If the Single Sign On Service is being provided to you by a third party, such as your real estate brokerage, a state or local association/board of REALTORS® or by a multiple listing service, your license may terminate earlier; please see Section 5 for more information. Your use of the Single Sign On service shall at all times be subject to and in compliance with Sections 3 and 4 of this Agreement. The Single Sign On Service requires that RE FormsNet maintain agreements with providers of each product and service to be accessed by the Single Sign On Service. Should RE FormsNet’s agreement with a provider terminate, your access to and use of the provider’s product or service using the Single Sign On Service shall also terminate. All products and services accessed under the Single Sign On Service will be linked to, and capable of being accessed using, a single password or set of credentials. You should therefore exercise caution, prudence and care in using the password and/or set of credentials to protect them from unauthorized access, disclosure and use. C. WINForms®/ZipForm® Certified Trainers. If you are a current WINForms® or ZipForm® Certified Trainer, RE FormsNet hereby grants you a limited license to use the Forms Software solely in connection with your training activities as a WINForms® or ZipForm® Certified Trainer, as applicable. You may not use the Forms Software in connection with actual real estate transactions or for any other purpose whatsoever unless otherwise expressly licensed by RE FormsNet. Your license to use the Forms Software will terminate immediately upon your termination from the WINForms® or ZipForm® Certified Trainers Program, as applicable. Upon termination from the WINForms® or ZipForm® Certified Trainers Program you must immediately remove the Forms Software from any and all computers, and you may not use the Forms Software after termination unless otherwise expressly licensed By RE FormsNet. D. Demonstration Forms Software. If you have requested and RE FormsNet has granted you a WINForms® or ZipForm® demonstration license, RE FormsNet hereby grants you a limited license to use the Forms Software for demonstration purposes only. The license term is thirty (30) days for ZipForm® and one (1) year for WINForms®, commencing on the date RE FormsNet creates your account. You may not use the Forms Software in connection with actual transactions or for any other purpose whatsoever unless otherwise expressly licensed by RE FormsNet. Upon termination of the demonstration license you must immediately remove the Forms Software from any and all computers, and you may not use the Forms Software after termination unless otherwise expressly licensed by RE FormsNet. SECTION 3. GENERAL TERMS AND CONDITIONS A. Account Setup. Use of an RE FormsNet Product may require that you open an account. Your broker or administrator may do this for you, or you may do this yourself. The registration process will provide us with current, complete and accurate information as prompted by the applicable registration form(s). Your email address may be required, and you will need to choose a password. Our use of your email address is an integral part of the Forms Software. You will need it to log into the Forms Software, and in some circumstances the Forms Software will auto-generate email messages to you. B. Password; Account Activities. You are entirely responsible for maintaining the confidentiality of your password, security question(s) and answer(s) and all other account credentials. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify RE FormsNet immediately of any unauthorized access or use of your account or any other breach of security that potentially compromises the privacy of your account credentials, documents, or information. RE FormsNet will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by RE FormsNet or another party due to someone else using your account or password. You may not give your password or credentials to anyone else, and you may not use anyone else's account at any time. C. Forms Software; Transaction Document Storage. You agree that RE FormsNet has no responsibility or liability whatsoever for the deletion, corruption or failure to store any transaction, template, clause or other content maintained or transmitted by the Forms Software. You acknowledge that RE FormsNet reserves the right to delete accounts that are inactive for an extended period of time. RE FormsNet shall have no obligation to maintain any content or to forward any content to you or any third party. RE FormsNet shall have no obligation to provide you with any transaction documents or information or access to your account once the time frame in Section 1 above expires or your Forms Software license terminates for any reason. WINForms Online® and ZipForm Online® transactions will be maintained by RE FormsNet for a period of fourteen (14) months from the last date the transaction was saved. After this time, the transaction may be deleted from your account, and if it is deleted, it will not be recoverable. This period of time is subject to change at any time without notice. RE FormsNet shall not be responsible or liable to you or any third parties in any way whatsoever for transactions that are deleted in accordance with this policy. If you wish to save WINForms Online® or ZipForm® Online transaction documents beyond the 14-month time frame, you should export those documents to another location, such saving documents in.pdf form on your computer, or on a CD-ROM in .pdf format, etc. RE FormsNet may establish limits concerning the maximum number of transactions that may be stored, the maximum amount of disk space that will be allotted on RE FormsNet's servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time, which are subject to change at any time without notice. D. Monitoring. RE FormsNet has no obligation, but reserves the right, to monitor and review the content and materials posted by you or others in the Forms Software or any other RE FormsNet Product. RE FormsNet reserves the right at all times to disclose any information as RE FormsNet deems necessary to satisfy any applicable law, regulation, legal process or governmental request. E. Prohibitions on Use. As a condition of your use of any RE FormsNet Product, you agree that you will not use the RE FormsNet Product for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the RE FormsNet Product in any manner that could damage, disable, overburden, or impair any RE FormsNet server(s), or the network(s) connected to any RE FormsNet server(s), or interfere with any other party's use of the RE FormsNet Product. You may not attempt to gain unauthorized access to the RE FormsNet Product, other accounts, computer systems or networks connected to any RE FormsNet server(s), through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the RE FormsNet Product. By way of example, and not as a complete list, you agree that when using the RE FormsNet Product, you will not: o Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. o Harvest or otherwise collect information about others, including e-mail addresses. o Create a false identity for the purpose of misleading others. o Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. o Violate any code of conduct or other guidelines which may be applicable. o Violate any applicable laws or regulations. o Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Re FormsNet Product or other user or usage information or any portion thereof. o Use the RE FormsNet Product or the RE FormsNet server(s) in connection with surveys, contests, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Any unauthorized reproduction, distribution or use of any RE FormsNet Product in whole or in part is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. F. Backup Copies. You may make copies of the RE FormsNet Product as necessary for backup and archival purposes. SECTION 4. OTHER RIGHTS AND LIMITATIONS. A. Maintenance of Trademark or Copyright Notices. You may not remove or alter any trademark or copyright notices on any RE FormsNet Product. B. Distribution and Reproduction. You may not distribute or reproduce copies of the RE FormsNet Product to third parties, including but not limited to transferring the RE FormsNet Product electronically from one computer to another through any communications means or over a computer network. You may not reproduce the RE FormsNet Product, including the standard forms within the Forms Software, on any website in any way, except as expressly permitted by this Agreement. C. Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble any RE FormsNet Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. D. Rental. You may not rent, lease, or lend any RE FormsNet Product. E. Transfer. You may not transfer any or all of your rights or obligations under this Agreement. F. Support Services. RE FormsNet may provide you with support services related to RE FormsNet Product ("Support Services"). Use of such Support Services will be governed by RE FormsNet’s then current polices and procedures or as may be described in the user manual built into the RE FormsNet Product, if applicable. Any supplemental software code provided to you as part of the Support Services shall be considered part of the RE FormsNet Product and subject to the terms and conditions of this Agreement. With respect to technical information and/or feedback you provide to RE FormsNet as part of the Support Services, RE FormsNet may use such information for its business purposes, including for product support and development. G. Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the RE FormsNet Product, including but not limited to those relating to privacy, personal information, telephone calls, faxes, e-mails and security breaches. H. Data Exchanging Features. This Agreement does not grant you, and specifically excludes, the right to use the data exchanging features contained within an RE FormsNet Product that allow data exchange between the RE FormsNet Product and any other product. Use of such data exchanging features requires that you enter into a separate end user license agreement, unless RE FormsNet has otherwise given its consent for you to use such features. Please contact RE FormsNet for information with regard to obtaining a license to use the data exchanging features contained within the RE FormsNet Product. You agree that RE FormsNet and its affiliates may use the data entered into the forms by you for real estate related business purposes and for internal business purposes. SECTION 5. TERM AND TERMINATION. This Agreement is effective for the time frame set forth herein for the particular RE FormsNet Product in question and terminates automatically at the end of that time frame; provided, however, if the RE FormsNet Product is being provided to you under the terms of an agreement between RE FormsNet or Real Estate Business Services, Inc. and a third party, such as a state/local association of REALTORS®, a real estate brokerage or a multiple listing service, the term of this Agreement shall expire in accordance with the terms of the agreement between RE FormsNet or Real Estate Business Services, Inc. and such third party, which may be earlier than the time frame set forth in this Agreement. Without prejudice to any other rights, RE FormsNet may terminate this Agreement immediately and without notice if you fail to comply with any of the terms and conditions of this Agreement. In such event, you must immediately cease all use of the RE FormsNet Product, destroy all copies of the RE FormsNet Product and uninstall any and all versions of the RE FormsNet Product from each and every computer in which the RE FormsNet Product is installed. SECTION 6. OWNERSHIP; ERC FORMS. A. In General. All right, title and interest in the Forms Software and all other RE FormsNet Products, including but not limited to all copyrights, trademarks and trade secrets and any copies thereof, are owned by RE FormsNet and/or its suppliers and licensors. All right, title and interest in the proprietary forms within the Forms Software are owned by their respective copyright owners. The trademarks "ZipForm®," "ZipForm®Online" "ZipForm®Mobile," "ZipForm®Online Plus," "ZipForm®MLS-Connect" and "ZipForm®Mac-Connect" are owned by RE FormsNet. The trademarks "WINForms®," "WINForms®Online" "WINForms®Mobile," "WINForms Online® Plus," "WINForms®MLS-Connect" and "WINForms®Mac-Connect" are owned by Real Estate Business Services, Inc. You may not remove or alter any copyright or trademark notices on any RE FormsNet Product. All rights not expressly granted are reserved by RE FormsNet. B. ERC Forms. Certain forms in the Forms Software may be licensed to RE FormsNet by the Employee Relocation Council (ERC) and are subject to the terms of that license. The use of all ERC forms generated by the Forms Software is limited to the preparation of completed forms by the end-user for its business use. The production of blank forms is strictly prohibited. ERC reserves the right to change, modify, or discontinue the use or endorsement of any of its forms at any time, without notice to the end-user. ERC makes no claims or representations concerning its forms whatsoever, including their fitness for any specific purpose. ERC is not connected in any way with any software vendor and licenses its forms widely. SECTION 7. EXPORT RESTRICTIONS. You agree that you will not export or re-export the Forms Software to any country, person, entity or end user subject to U.S.A. export restrictions. SECTION 8. LIMITED WARRANTY; DISCLAIMER OF OTHER WARRANTIES; LIMITATION OF LIABILITY; REFUNDS FOR INDIVIDUAL FORMS SOFTWARE LICENSE PURCHASES. A. Limited Warranty. RE FormsNet warrants that the Forms Software will be free of defects in materials and workmanship for a period of ninety (90) calendar days from the date of your purchase or acquisition, as applicable. Within this period, RE FormsNet will replace any defective Forms Software without charge. This warranty will be limited to replacement of the Forms Software and will not encompass any damages whatsoever. Refunds will not be issued to you or the purchasing party, as applicable, unless the defect cannot be remedied by a replacement. B. Disclaimer of Warranties. OTHER THAN THE LIMITED WARRANTY IN SUBSECTION (A) ABOVE, RE FORMSNET EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES FOR THE RE FORMSNET PRODUCTS. EACH RE FORMSNET PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE RE FORMSNET PRODUCT REMAINS WITH YOU. RE FORMSNET MAKES NO WARRANTY THAT ANY RE FORMSNET PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. RE FORMSNET DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY INTERFERENCE OR SUSPENSION OF INTERNET SERVICE OR FOR ANY LOSS OR CORRUPTION OF DOCUMENTS, DATA, OR LOSS OF ANY OTHER MATERIALS YOU MAY STORE ON THE INTERNET. RE FORMSNET MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, OR AVAILABILITY OF THE RE FORMSNET PRODUCT FOR ANY PURPOSE. C. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RE FORMSNET OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY PUNITIVE, 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 RE FORMSNET PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF RE FORMSNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE RE FORMSNET’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE RE FORMSNET PRODUCT OR US $5.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU SPECIFICALLY AGREE THAT RE FORMSNET SHALL NOT BE RESPONSIBLE OR LIABLE IN ANYW AY WHATSOEVER FOR UNAUTHORIZED ACCESS TO, USE OR ALTERATION OF YOUR DATA, ANY MATERIAL, CONTENT, DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTION CREATED, ACCESSED OR STORED IN CONNECTION WITH THE RE FORMSNET PRODUCT, WHETHER EXPRESS, IMPLIED OR STATUTORY. D. Refunds for ZipForm® Individual Licenses. If you purchased a ZipForms® Forms Software individual license and you are not satisfied with the software for any reason, RE FormsNet will refund your purchase price (excluding shipping costs, if any) provided you make your refund request within thirty (30) days of the date of purchase. Refund requests may be requested via RE FormsNet’s toll-free customer service number which can be found at www.zipform.com. Refund requests made under this section more than thirty (30) days after the date of purchase will not be honored. SECTION 9. MISCELLANEOUS. A. Entire Agreement. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and RE FormsNet and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RE FormsNet. B. Jurisdiction and Venue. This Agreement is governed by and construed in accordance with the substantive and procedural laws of the State of California, U.S.A., excluding its conflict of law principles. Any action or proceeding brought in connection with this Agreement, whether in law or equity, will be filed exclusively in a court of competent jurisdiction located within the County of Los Angeles, State of California. You hereby waive any objection you may have in any such action based on lack of personal jurisdiction, improper venue or inconvenient forum. C. Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RE FormsNet as a result of this Agreement. D. Indemnification. You agree to indemnify and hold RE FormsNet, its parents, subsidiaries, affiliates, and its and their directors, officers and employees, harmless from any claim, action, demand, loss, cost, expense or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct in connection with the RE FormsNet Product. E. Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. F. Information Regarding RE FormsNet Products and Services. You agree that RE FormsNet may send you information regarding products and services that may be interesting or valuable to you via the contact information you provided. If you no longer wish to receive information regarding such products and services, please make your request by visiting http://support.zipform.com/emailsupport.asp or call (586) 840-0140. We will implement your request as quickly as possible. G. Survival. Sections 4 through 9, inclusive, shall survive the termination of this Agreement. H. Typeface Designs. The RE FormsNet Product contains software which generates typeface designs. You may not separate the font software from the RE FormsNet Product. I. Questions. Should you have any questions concerning this Agreement, or if you desire to contact RE FormsNet for any reason, please contact RE FormsNet at: RE FormsNet, LLC P.O. Box 130 Fraser, MI 48026 www.zipform.com Revised: October 09, 2007