HuntingSouth, LLC HuntSmart End User License Agreement

HuntSmart™ End User License Agreement HuntingSouth, LLC

END-USER LICENSE AGREEMENT

THIS IS A CONTRACT. PLEASE READ IT CAREFULLY. BY INSTALLING THIS SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU WILL NOT BE ABLE TO USE THIS SOFTWARE UNLESS YOU ACCEPT THIS AGREEMENT. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO ANY TERM OR CONDITION, YOU MAY NOT INSTALL OR RUN THIS SOFTWARE.

Furthermore, HuntingSouth, LLC is only willing to grant you this License if you obtained HuntSmart™ from HuntingSouth, LLC or a HuntingSouth, LLC authorized reseller. If you obtained HuntSmart™ from any other source you may not install or use HuntSmart™.

1) LICENSE:
HuntingSouth, LLC, a Mississippi Limited Liability Company referred hereafter as "HuntingSouth" hereby grants to the purchaser (hereafter "you") a personal, non-exclusive, non-transferable license (the "License"), without the right to sublicense, to use the application, database files, data files, plug-ins, html files, image files, installation, utilities, related documentation and materials, system or other software accompanying this License, whether on disk, in read only memory, or on any other media (hereafter "HuntingSouth Software"). The HuntingSouth Software is licensed for use in object code form only, for your internal use and only on a specific hardware system. The HuntingSouth Software is licensed, not sold, to you by HuntingSouth. You own the media on which the HuntingSouth Software is recorded, but HuntingSouth retains title to the HuntingSouth Software and to any copies which this License authorizes you to make. You acknowledge that HuntingSouth retain all other ownership rights connected with the Software including, without limitation, all copyrights, trademark rights, and all other intellectual property rights. You agree to refrain from any action which would diminish such rights or would call them into question. You agree that this License shall apply to any software provided to you by HuntingSouth or HuntingSouth's representative(s) as replacement or upgrade software to substitute for or to be used in conjunction with the software accompanying this License.

2) PERMITTED USES AND RESTRICTIONS:
a) This License allows you to install and use the HuntingSouth Software on a single hardware system at a time.

b) This License does not allow the HuntingSouth Software to exist on more than one hardware system at a time.

c) This License does not allow the HuntingSouth Software to exist on a Network of any kind which include but is not limited to, Local Area Network("LAN"), Wide Area Network("WAN"), Internet, Extranet, or Intranet.

d) This License allows you to install and use the HuntingSouth Software database and/or data files in a Local Area Network("LAN") environment and share the data from one hardware system to another over a "LAN" so long as each hardware system which accesses the HuntingSouth Software database and/or data files have a licensed copy of the HuntingSouth Software.

e) This License does not allow the HuntingSouth database and/or data files to exist on the Internet, a Wide Area Network ("WAN"), or Extranet.

f) This license does not allow the HuntingSouth database and/or data files to be accessed by external components, utilities, services, or applications that were not supplied by HuntingSouth.

g) This License allows you to make one copy of the HuntingSouth Software in machine-readable form for backup purposes only. The backup copy must include all copyright notices and any other proprietary legends contained on the original copy of the HuntingSouth Software.

h) This License does not allow you to permanently or temporarily transfer ANY of your rights to any individual or entity. Under no circumstances may the HuntingSouth Software be copied or distributed. Only you as the licensed end User have the right to use HuntingSouth Software. In particular, you may not share copies of the HuntingSouth Software or database files or data files with others without proper licensing for each hardware system.

i) Except as permitted by applicable law and this License, you may not decompile, reverse engineer, disassemble, translate, sublicense, time-share, transfer, modify, rent, lease, loan, copy, sale, distribute, create derivative works from the HuntingSouth Software or publish or transmit the HuntingSouth Software over a network of any kind.

3) EVALUATION PERIODS:
Subject to the terms and conditions of this License, you may exercise your rights under this license to use the HuntingSouth Software and to create Works for the sole purpose of evaluating or demonstrating the HuntingSouth Software. Your license is for a term of twenty (20) executions of the HuntingSouth Software from the date you installed or otherwise begin using the HuntingSouth Software ("Evaluation Period").

You may not use the HuntingSouth Software for any commercial, business, government or institutional purpose of any kind. At the end of the Evaluation Period, further use of the HuntingSouth Software by you is prohibited without the purchase of a commercial license. If you do not purchase a license for the HuntingSouth Software at the end of the Evaluation Period, you hereby agree to permanently remove or delete the HuntingSouth Software from all computer systems on which it was installed and destroy any software and documentation received, and not to reinstall a new copy of the HuntingSouth Software. If you desire to continue to use the HuntingSouth Software following the Evaluation Period, you should contact HuntingSouth or a HuntingSouth authorized reseller to order commercial licenses to use the HuntingSouth Software.

THE HUNTINGSOUTH SOFTWARE CONTAINS A TIME-OUT FEATURE THAT DISABLES ITS OPERATION AFTER THE EXPIRATION OF THE EVALUATION PERIOD. WORKS THAT YOU CREATE DURING THE EVALUATION PERIOD MAY REQUIRE THE HUNTINGSOUTH SOFTWARE IN ORDER TO RUN. UPON EXPIRATION OF THE EVALUATION PERIOD, THOSE WORKS MAY NO LONGER RUN. YOU SHOULD THEREFORE TAKE PRECAUTIONS TO AVOID ANY LOSS OF DATA THAT MIGHT RESULT.

4) UPGRADES:
If the HuntingSouth Software is labeled as an upgrade, you must be properly licensed to use a previous HuntingSouth Software version or beidentified by HuntingSouth as being eligible for the upgrade in order to use the upgrade HuntingSouth Software. A HuntingSouth Software version labeled as an upgrade replaces and/or supplements the HuntingSouth Software that formed the basis for your eligibility for the upgrade, and together constitutes a single product for purposes of licensing for use. You may use the resulting upgraded HuntingSouth Software only in accordance with all the terms of this License. You may not transfer the HuntingSouth Software used as the basis for the upgrade. The HuntingSouth Software that formed the basis for your eligibility for the upgrade may not be transferred to any other individual or entity, and if no longer to be used by you, must be discarded after being rendered permanently inoperable.

5) COPYRIGHT and CONFIDENTIALITY:
Copyright: All title and copyrights in and to the HuntingSouth Software (including but not limited to any images, demos, source code, database files, utilities, tutorials, intermediate files, packages, photographs, Plug-Ins, animations, video, audio, music, text, html, and "applets" incorporated into the HuntingSouth Software, any printed materials, and any copies of the HuntingSouth Software) are owned by HuntingSouth. The HuntingSouth Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the HuntingSouth Software like any other copyrighted material except as permitted by this License.

Confidentiality: You acknowledge that the HuntingSouth Software's database files, source codes, and all parts thereof remain a confidential trade secret of HuntingSouth Software. You agree to hold this information in confidence, not to disclose it to any person, and not to use it for any purpose other than the use and operation of the HuntingSouth Software as permitted under this License.

6) DISCLAIMER OF WARRANTY on HuntingSouth Software:
You expressly acknowledge and agree that use of the HuntingSouth Software is at your sole risk. The HuntingSouth Software is provided "AS IS" and without warranty of any kind and HuntingSouth

EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE HUNTINGSOUTH SOFTWARE. HUNTINGSOUTH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE HUNTINGSOUTH SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE HUNTINGSOUTH SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE HUNTINGSOUTH SOFTWARE WILL BE CORRECTED. FURTHERMORE, HUNTINGSOUTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE HUNTINGSOUTH SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HUNTINGSOUTH OR AN HUNTINGSOUTH AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE HUNTINGSOUTH SOFTWARE PROVE DEFECTIVE, YOU (AND NOT HUNTINGSOUTH OR AN HUNTINGSOUTH AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7) LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HUNTINGSOUTH BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall HuntingSouth's total liability to you for all damages exceed the amount paid for this to the HuntingSouth Software.

8) EXPORT LAW RESTRICTIONS:
You agree that the HuntingSouth Software will not be exported outside the United States except as authorized by United States law and HuntingSouth. You also agree that HuntingSouth Software that has been rightfully obtained outside of the United States shall not be exported except as authorized by the laws of the United States and of the jurisdiction in which the HuntingSouth Software was obtained.

9) CONTROLLING LAW AND SEVERABILITY:
This License shall be governed by the laws of the United States and the State of Mississippi. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

10) TERM AND TERMINATION.
Term: The term of this License will begin as of the date that you receive the HuntingSouth Software and will remain in effect perpetually unless terminated under this Section 10.

Termination for Convenience: You may terminate this License for any reason, or for no reason, by giving HuntingSouth five (5) days' written notice.

Termination for Cause: HuntingSouth may terminate this License if you breach your obligations hereunder. HuntingSouth will effect such termination by giving you notice of termination, specifying therein the alleged breach. If your breach is curable, you will have a grace period of thirty (30) days after such notice is served to cure the breach described therein. If the breach is cured within the thirty (30) day grace period, then this License will remain in effect; otherwise, this License will automatically terminate upon the conclusion of the thirty (30) day grace period.

Effect of Termination: Upon the termination of this License for any reason the following terms shall apply: (a) all rights granted under this License will immediately terminate and you must stop all use of the HuntingSouth Software; (b) you must return to HuntingSouth or destroy all copies of the HuntingSouth Software provided to or made by you, and will, within ten (10) days after the effective date of termination, provide HuntingSouth with written certification that all such copies have been returned or destroyed; and (c) all provisions of this License with the exception of granting a license and use thereof will survive termination of this License for any reason.

11) COMPLETE AGREEMENT:
This License constitutes the entire agreement between the parties with respect to the use of the HuntingSouth Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by HuntingSouth.

12) ACKNOWLEDGEMENT:
a) This program uses JEDI JVCL components that can be obtained from http://sourceforge.net.
b) This program uses Turbopower LockBox components that can be obtained from http://sourceforge.net.

CONCLUSION
If you have any questions about this License, please contact HuntingSouth or a HuntingSouth authorized reseller.

If you agree to the terms and conditions of this License Agreement, please place a check in the "I ACCEPT THE TERMS OF THE LICENSE AGREEMENT" box below. This will be the legal equivalent of your signature on a written contract and the terms of this license shall be a legally binding agreement between you and HuntingSouth. You must agree to these terms and conditions in order to install and use the Product.

If you do not agree with these terms and conditions, you should place a check in the "I DO NOT ACCEPT THE TERMS OF THE LICENSE AGREEMENT" box below to exit this installation process, as HuntingSouth is unwilling to license the HuntingSouth Software to you in such case.