PickStock 1.7

END-USER LICENSE AGREEMENT

PickStock

IMPORTANT-READ CAREFULLY: This End-User License Agreement

("EULA") is a legal agreement between you (either an individual

or a single entity) and Bell Software and Services, Inc. for the

software product identified above, which includes computer

software and may include associated media, printed materials, and

END-USER LICENSE AGREEMENT

PickStock

IMPORTANT-READ CAREFULLY: This End-User License Agreement

("EULA") is a legal agreement between you (either an individual

or a single entity) and Bell Software and Services, Inc. for the

software product identified above, which includes computer

software and may include associated media, printed materials, and

"online" or electronic documentation ("Product"). An amendment

or addendum to this EULA may accompany the Product. YOU AGREE

TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING,

COPYING, OR OTHERWISE USING THE PRODUCT ON A SINGLE MACHINE.

IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU

MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL

REFUND.

The Product is licensed concurrently with purchase and registration through an

online registration mechanism that then brands the Product such that it will subsequently

be made fully functional but will only run on

the machine that actually performed the registration process.

1. Applicability of License. The Product consists of computer

software and may include associated media, printed materials, and

"online" or electronic documentation.

2. General Grant of License. In general, for each license you

have acquired for the Product, one machine is authorized to

use the Product according to the terms of this EULA. Unless

expressly stated otherwise, the Product may not be separated for

use by more than the one individual authorized to use the

Product. License must be dedicated to use of the Product by one individual

on the machine it was installed on. Specifically:

a. If you are an individual, Bell Software and Services, Inc. grants to you as an

individual a personal, nonexclusive license to make and use

the Product on one machine in accordance with the terms of this EULA,

provided that you are the only individual using the Product

b. If you are an entity, Bell Software and Services, Inc. grants to you the right to

designate one individual within your organization to have the

sole right to make and use the Product on one machine in accordance

with the terms of this EULA.

3. Additional Rights and Limitations-General.

3.1 Limitation on Reverse Engineering, Decompilation, and

Disassembly. You may not reverse engineer, decompile, or

disassemble the Product, except and only to the extent that it is

expressly permitted by applicable law notwithstanding this

limitation.

3.2 Termination. Without prejudice to any other rights,

Bell Software and Services, Inc. may cancel this EULA if you do not abide by the terms

and conditions of this EULA, in which case you must destroy all

the Product.

3.3 Consent to Use of Data. You agree that Bell Software and Services, Inc. may

collect and use technical information you provide

as a part of support services related to the Product. Bell Software and Services, Inc.

agrees not to use this information in a form that personally identifies you.

3.4 Not for Resale Software. Product identified as "Not for

Resale" or "NFR" may not be resold, transferred, or used for

any purpose other than demonstration, test, or evaluation.

3.5 Academic Edition Software. To use Product identified as

"Academic Edition" or "AE," you must be a "Qualified

Educational User."

For qualification-related questions, please contact Bell Software and Services, Inc.

3.6 Export Restrictions.

The following terms apply: You

agree that you will not export or re-export the Product (or

portions thereof) to any country, person, or entity subject to

U.S. export restrictions. You specifically agree not to export or

re-export the Product (or portions thereof): (i) to any country

subject to a U.S. embargo or trade restriction; (ii) to any

person or entity who you know or have reason to know will utilize

the Product (or portions thereof) in the production of nuclear,

chemical, or biological weapons; or (iii) to any person or entity

who has been denied export privileges by the U.S. government.

3.7 Separation of COMPONENTS. The Product is licensed as a

single product. Its COMPONENT parts may not be separated for use

by other than the person or entity to which the Product is licensed.

3.8 Update License Terms. All UPDATES shall be considered part

of the Product and subject to the terms and conditions of this

EULA. Additional license terms may accompany UPDATES (as defined

in the first paragraph of this EULA). By installing, copying, or

otherwise using any UPDATE, you agree to be bound by the terms

accompanying each such UPDATE. If you do not agree to the

additional license terms accompanying such UPDATES, do not

install, copy, or otherwise use such UPDATES.

4. Distribution Requirements. Redistribution of a previously registered

Product is prohibited unless expressly authorized by Bell Software and Services, Inc..

You agree to: (a) indemnify, hold harmless, and defend Bell Software and Services, Inc.

from and against any claims or

lawsuits, including attorney's fees, that arise or result from

the use or distribution of any products you may distribute that rely upon information obtained from the Product; (b) otherwise comply with the terms of this EULA; and (c) that

Bell Software and Services, Inc. reserves all rights not expressly granted.

5. LIMITED WARRANTY.

Bell Software and Services, Inc. warrants that the Product will perform

substantially in accordance with the accompanying materials for

a period of 90 days from the date of receipt.

If an implied warranty or condition is created by your

state/jurisdiction and federal or state/provincial law prohibits

disclaimer of it, you also have an implied warranty or condition,

BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD

OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY

DEFECTS DISCOVERED AFTER THE NINETY (90)-DAY PERIOD,

THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some

states/jurisdictions do not allow limitations on how long

an implied warranty or condition lasts, so the above limitation

may not apply to you.

Any supplements or updates to the Product, including

without limitation, any (if any) service packs or hot fixes

provided to you after the expiration of the ninety-day Limited

Warranty period are not covered by any warranty or condition,

express, implied, or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER

DAMAGES.

Your exclusive remedy for any breach of this Limited Warranty is

as set forth below. Except for any refund elected by Bell Software and Services, Inc.,

YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT

NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does

not meet Bell Software and Services, Inc.'s Limited Warranty, and, to the maximum

extent allowed by applicable law, even if any remedy fails of

its essential purpose. The terms of Section 11 below ("Exclusion

of Incidental, Consequential, and Certain Other Damages") are

also incorporated into this Limited Warranty. Some

states/jurisdictions do not allow the exclusion or limitation of

incidental or consequential damages, so the above limitation or

exclusion may not apply to you. This Limited Warranty gives you

specific legal rights. You may have others which vary from

state/jurisdiction to state/jurisdiction.

YOUR EXCLUSIVE REMEDY.

Bell Software and Services, Inc.'s and its suppliers' entire liability and your

exclusive remedy shall be, at Bell Software and Services, Inc.'s option from time to

time exercised subject to applicable law, (a) return of the price

paid (if any) for the Product, or (b) repair or replacement of

the Product, that does not meet this Limited Warranty and that is

returned to Bell Software and Services, Inc. with a copy of your receipt. You will

receive the remedy elected by Bell Software and Services, Inc. without charge, except

that you are responsible for any expenses you may incur (e.g.

cost of shipping the Product to Bell Software and Services, Inc.). This Limited Warranty

is void if failure of the Product has resulted from accident,

abuse, misapplication, abnormal use, or a virus. Any replacement

Product will be warranted for the remainder of the original

warranty period or thirty (30) days, whichever is longer. Outside

the United States or Canada, neither these remedies nor any

product support services offered by Bell Software and Services, Inc. are available

without proof of purchase from an authorized international

source. To exercise your remedy, contact: Bell Software and Services, Inc..

6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.

The Limited Warranty that

appears above is the only express warranty made to you and is

provided in lieu of any other express warranties (if any) created

by any documentation or packaging. Except for the Limited Warranty

and to the maximum extent permitted by applicable law, Bell Software and Services, Inc.

and its suppliers provide the Product and Support Services (if any)

AS IS AND WITH ALL FAULTS, and hereby disclaim all other

warranties and conditions, either express, implied, or statutory,

including, but not limited to, any (if any) implied warranties,

duties or conditions of merchantability, of fitness for a

particular purpose, of accuracy or completeness of responses, of

results, of workmanlike effort, of lack of viruses, and of lack

of negligence, all with regard to the Product, and the provision

of or failure to provide Support Services. ALSO, THERE IS NO

WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT,

QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION

OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.

THIS SOFTWARE IS FURNISHED "AS IS". BELL SOFTWARE AND SERVICES,

INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT THE SOFTWARE

IS FREE OF ERROR, OR IS CONSISTENT WITH ANY PARTICULAR STANDARD OF MERCHANTABILITY, OR THAT IT WILL MEET LICENSEE'S REQUIREMENTS FOR ANY PARTICULAR APPLICATION. BELL SOFTWARE AND SERVICES, INC. ACCEPTS NO RESPONSIBILITY FOR ANY MATHEMATICAL OR TECHNICAL LIMITATIONS OF THE SOFTWARE. WITHOUT ADDITIONAL THOROUGH TESTING BY LICENSEE, THE SOFTWARE SHOULD NOT BE RELIED ON FOR SOLVING A PROBLEM WHOSE INCORRECT SOLUTION COULD RESULT IN INJURY TO A PERSON OR LOSS OF PROPERTY. NEITHER BELL SOFTWARE AND SERVICES, INC., NOR ANY OF THE AUTHORS OF THE SUBSYSTEMS INCORPORATED WITHIN THE SOFTWARE SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR GENERAL, CONSEQUENTIAL OR INCIDENTAL, ARISING FROM USE OF THE SOFTWARE. USE OF THE SOFTWARE IS ENTIRELY AT LICENSEE'S OWN RISK. THE MAXIMUM AMOUNT OF DAMAGES BELL SOFTWARE AND SERVICES, INC. IS LIABLE FOR IS THE AMOUNT PAID BY THE LICENSEE FOR THE USE OF THE SOFTWARE.

7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND

CERTAIN OTHER DAMAGES. To the maximum extent permitted by

applicable law, in no event shall Bell Software and Services, Inc., supplier of the Product,

or suppliers of software components embedded within the Product

be liable for any special, incidental, indirect, or consequential

damages whatsoever (including, but not limited to, damages for

loss of profits or confidential or other information, for

business interruption, for personal injury, for loss of privacy,

for failure to meet any duty including of good faith or of

reasonable care, for negligence, and for any other pecuniary or

other loss whatsoever) arising out of or in any way related to the

use of or inability to use the PRODUCT, the provision of or

failure to provide Support Services, or otherwise under or in

connection with any provision of this EULA, even in the event of

the fault, tort (including negligence), strict liability, breach

of contract, or breach of warranty of Bell Software and Services, Inc., any supplier of the Product, or any suppliers of software components embedded within the Product,

and even if Bell Software and Services, Inc., any supplier, or suppliers of software components

embedded within the Product has been advised of the

possibility of such damages.

8. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding

any damages that you might incur for any reason whatsoever

(including, without limitation, all damages referenced above and

all direct or general damages), the entire liability of Bell Software and Services, Inc.

any suppliers of the Product, or any suppliers of software components embedded within the Product

under any provision of this EULA and

your exclusive remedy for all of the foregoing (except for any

remedy of repair or replacement elected by Bell Software and Services, Inc. with respect

to any breach of the Limited Warranty) shall be limited to the

amount actually paid by you for the Product. The foregoing limitations, exclusions, and disclaimers

(including Sections 9, 10, and 11 above) shall apply to the

maximum extent permitted by applicable law, even if any remedy

fails its essential purpose.

9. U.S. GOVERNMENT LICENSE RIGHTS. All Product provided

to the U.S. Government is provided with the commercial

license rights and restrictions described elsewhere herein.

10. APPLICABLE LAW. If you acquired this Product in the United

States, this EULA is governed by the laws of the State of

Washington. If you acquired this Product in Canada, unless

expressly prohibited by local law, this EULA is governed by the

laws in force in the Province of Ontario, Canada; and, in respect

of any dispute which may arise hereunder, you consent to the

jurisdiction of the federal and provincial courts sitting in

Toronto, Ontario. If this Product was acquired outside the United

States, then local law may apply.

11. ENTIRE AGREEMENT. This EULA (including any addendum or

amendment to this EULA which is included with the Product) are

the entire agreement between you and Bell Software and Services, Inc. relating to the

Product and the Support Services (if any) and they supersede all

prior or contemporaneous oral or written communications,

proposals, and representations with respect to the Product or any

other subject matter covered by this EULA. To the extent the

terms of any Bell Software and Services, Inc. policies or programs for Support Services

conflict with the terms of this EULA, the terms of this EULA

shall control.

12. The Product is protected by copyright and other

intellectual property laws and treaties. Bell Software and Services, Inc.,

suppliers of the Product, or suppliers of software components embedded within the

Product own the title, copyright, and other intellectual

property rights in the Product. The Product is licensed, not

sold.