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End-User Licensing Agreement

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER LICENSING AGREEMENT (EULA) BEFORE USING THE PROGRAMS.  USE OF THE PROGRAMS INDICATES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE, AND YOU MAY RETURN THE UNUSED SOFTWARE TO THE VENDOR FROM WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS AND REQUEST A REFUND OF THE LICENSE FEE, IF ANY, ALREADY PAID UPON SHOWING PROOF OF PAYMENT.  YOU AGREE THAT YOUR USE OF THE PROGRAM ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Definitions. For purposes of this document, the following terms shall be used. “Grantor” will represent Cabin Fever Software & Brewing Company, LLC. “User”, “Your” or “You” shall represent the individual agreeing to the terms and conditions of the document. “EULA” shall represent the term End User Licensing Agreement. “Software” shall represent the program named Scarecrow.

Title. The Grantor retains all right, title, and interest in and to the Software and the Software License Key and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights.

Restrictions. You may not (i) sell, lease, license, sub-license, distribute or otherwise transfer in whole or in part the Software or the Software License Key to another party; (ii) provide, disclose, divulge or make available to, or permit use of the Software in whole or in part by, any third party (except Designated Administrative Access) without the Grantor’s prior written consent; (iii) modify or create derivative works based upon the Software; or (iv) create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Software, any additional licensing terms provided by the Grantor via product documentation, notification, and/or policy change posted at protectedbyscarecrow.com, and the terms of this EULA. Except to the extent expressly permitted by applicable law, and to the extent that the Grantor is not permitted by that applicable law to exclude or limit the following rights, you may not decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part. Before you exercise any rights that you believe to be entitled to based on mandatory law, you provide the Grantor with 30 days prior written notice at service@cabinfeversoftware.com and provide all reasonably requested information to allow the Grantor to assess your claim and, at the Grantor’s sole discretion, to provide alternatives that reduce any adverse impact on the Grantor’s intellectual property or other rights. You may use the Software to conduct internal performance testing and benchmarking studies, the results of which you (and not unauthorized third parties) may publish or publicly disseminate; provided that the Grantor has reviewed and approved of the methodology, assumptions and other parameters of the study. Please contact the Grantor at service@cabinfeversoftware.com to request such review.

Limitation of Liability. To the maximum extent permitted by applicable mandatory law, in no event will the Grantor and its licensors be liable for any lost profits or business opportunities, loss of use, business interruption, loss of data or any other indirect, special, incidental or consequential damages under any theory of liability, whether based on contract, tort, negligence, product liability, or otherwise. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the preceding limitation may not apply to you. The Grantor and its licensor’s liability under this EULA will not, in any event, exceed the license fees, if any, paid by you for the software licensed to you under this EULA. The foregoing limitations shall apply to the maximum extent permitted by applicable law, regardless of whether any remedy fails of its essential purpose.

Governing Law. Any failure by the Grantor to enforce any provision of this EULA shall not be construed as a waiver of any provision or the right to enforce same. This EULA shall be governed by the laws of the State of Alaska in the United States. For the purpose of resolving conflicts relating to or arising out of this EULA, or arising out of any other dispute or claim associated with the Software, venue shall be in the State of Alaska only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the Borough of Anchorage in the State of Alaska. If any portion of this EULA are held to be invalid, such holding shall not invalidate the other provisions of this EULA.

Language. The original English version of the Terms may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

Fraud. Nothing in this EULA shall exclude or restrict the liability of either You or the Grantor, arising out of fraud or fraudulent misrepresentation.

Third Party Manipulation. You expressly understand and agree that the Grantor makes no warranty that the Software prevents interruption by or increases protection from third parties and their detrimental manipulation of your hardware or other programs not provided by the Grantor. You are solely responsible and hereby waive any and all claims and causes of action with respect to any damage by a third party manipulation to your computer system, website, internet access, download or display device, or loss of data that results from the download of any such material, whether intentional or unintentional on your part.

Termination. Notwithstanding any of these terms and conditions, the Grantor reserves the right, without notice and in its sole discretion, to terminate your license to use the Software, and to block or prevent future access to and use of the Software.

Privacy. The Grantor believes strongly in protecting user privacy. The Grantor does not sell, trade, or rent your personal information to others. The Grantor may provide aggregate statistics about our customers, sales, purchasing patterns, and related customer information to improve our customer service, but these statistics will not include personally identifying information. By using products offered or sold by the Grantor, you consent to the collection and use of this information by the Grantor for the purposes listed within the Privacy section of this EULA. If we decide to change our privacy policy, we will post those changes on our website at protectedbyscarecrow.com so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

The Grantor sometimes provides links to affiliated sites through their website. The privacy policies of these linked sites are the responsibility of the linked site and the Grantor has no control or influence over their policies. Please check the policies of each site you visit for specific information. The Grantor cannot be held liable for damage or misdoings of other sites linked or otherwise.

Letter of Intent. Terms and conditions under this EULA may change as part of a letter of intent, pertaining only to the section titled Restrictions. All other terms and conditions shall remain unchanged.

Evaluation Licenses. If available, the Software and each Licensed Additional Module may be activated with no-cost evaluation Software License Key(s). You acknowledge that Evaluation Software License Keys have an expiration date (“Expiration Date”) and that is not obligated to permit further use of the Software. If you activate the Software or Licensed Additional Module with an evaluation Software License Key (“Evaluation Product”) you may use the Evaluation Product until the Expiration Date only to evaluate the suitability of the Evaluation Product for licensing on a for-fee basis. You may acquire evaluation Software License Key(s) for Licensed Additional Modules. In such cases, the Licensed Additional Modules are licensed to you subject to the terms of this section of the EULA. During the use of the Evaluation Product, not warranty is applicable to you. The Evaluation Product is provided to you ‘as is’ without warranty of any kind, whether express, implied, statutory or otherwise. The Grantor and its licensors bear no liability for any damages resulting from use (or attempted use) of the evaluation product through and after the expiration date. The Grantor has no duty to provide support to you during your use of the Evaluation Product.

Support and Subscription Services. The Grantor is not obligated to provide any support services under this EULA. This EULA does not give you any rights to any updates or upgrades to the Software or to any extensions or enhancements to the Software developed by the Grantor at any time in the future. Any supplemental software code or related materials that the Grantor provides to you as part of any support and subscription services are to be considered part of the Software and are subject to the terms and conditions of this EULA. The Grantor may use any technical information you provide to the Grantor for any business purposes without restriction, including for product support and development. The Grantor will not use information in a form that personally identifies you.

Contact Information. If you have any questions about this EULA, or if you want to contact the Grantor for any reason, please direct all correspondence to: service@cabinfeversoftware.com.

Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE GRANTOR AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE GRANTOR, OR (D) COMMUNICATION SPREAD BY MEANS OF THE GRANTOR.