License Agreement

END USER LICENSE AGREEMENT

This is a LEGAL AGREEMENT between you (either an individual or an entity) and Magellan's Law Corporation ("MLC"). By clicking on the "I agree" button, you agree to be bound by the terms of the License Agreement. You also agree to be bound by the terms of the License Agreement if you use the software, even if you somehow bypass the "I agree" button. If you do not agree to the terms of this License Agreement, do not install, access, or use the Software; promptly return it for a refund.

1. Grant of Limited License

This Software (including all content and documentation) is licensed, not sold, to you by MLC for use only under the terms of this License Agreement.

MLC grants to you the non-exclusive, limited right to install and use the MLC software (the "Software"). The license permits a single user to access and use the Software. If you have more than one user, you must purchase a license for each user. Each user must establish a personal account in the Software. Under no conditions may more than one user access the software through a single account, and under no conditions may the number of account-holding users exceed the total number of licenses you have purchased. The Software is licensed for total users, not concurrent users. Each user may install the Software on a single computer.

The Software is distributed with bundled FileMaker software that is licensed by MLC, and MLC grants to you the non-exclusive license to use that software under the terms stated in this Agreement. You may not copy the FileMaker software except (a) as necessary to use only one copy of the software on a single computer, or (b) to create an archival copy solely for backup purposes. You agree that any such copies of the FileMaker software shall contain the same proprietary notices that appear on and in the originals.

You are hereby notified that FileMaker, Inc., 5201 Patrick Henry Drive, Santa Clara, California 95054 (”FileMaker”) is a third-party beneficiary to this Agreement to the extent that this Agreement contains provisions that relate to your use of the bundled FileMaker software.

2. Copyright and Title

The Software is owned by MLC and is protected by United States copyright laws and international treaty provisions. Title to and ownership of the intellectual property rights associated with the Software and the bundled FileMaker software (and any copies) remain with MLC and FileMaker respectively.

3. Other Restrictions

You must use the Software at all times in a manner that is consistent with the software licenses granted to you by other companies that have provided software for your computer. For example, the Software is designed to be used with your operating system, and so you may not use the Software in a way that is inconsistent with the license agreement between you and the maker of your operating system.

You may not use the Software to act as a service bureau or application service provider. You may not modify, adapt, translate, rent, lease, loan, redistribute, sublicense, or create derivative works based upon the Software, the bundled FileMaker software, or any part thereof.

You may not modify, reverse-engineer, decompile, or disassemble the Software or the bundled FileMaker software, except and only to the extent permitted by applicable law, nor may you access or modify the Software’s underlying FileMaker design, scripts, table definitions, relationship definitions, or other components.

4. Transfer and upgrades

You may not transfer or assign your rights under the license to another party without the prior written consent of MLC and FileMaker.

If MLC provides you with an upgrade or new release to the Software or the bundled FileMaker software, you may not use both versions at the same time (except for a reasonable period of time during your conversion from one version to the next) nor may you transfer the versions separately.

5. Termination

This License Agreement is effective until terminated. Your rights under this License Agreement will terminate automatically without notice from MLC if you fail to comply with any term(s) of this License Agreement. Upon the termination of this License Agreement, you shall cease all use of the Software and the bundled FileMaker software and destroy all copies, full or partial, of the Software and the bundled FileMaker software.

6. Export Law Assurances

You agree to comply with all laws, rules and regulations applicable to the export of the Software and the bundled FileMaker software. Specifically, you shall not export, re-export or transship the Software, the bundled FileMaker software, or the direct product thereof in violation of any United States laws and regulations that may from time to time be applicable. None of the Software, the bundled FileMaker software, or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iran, Libya, North Korea, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Order. By downloading or using the software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country on any such list.

7. Limited Warranty and Disclaimer

MLC warrants for a period of ninety (90) days from your date of purchase that the Software as provided by MLC will perform substantially in accordance with the accompanying materials. MLC's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at MLC's option, replacement of the Software, refund of the purchase price, or repair or replacement of the Software which is returned to MLC with a copy of the receipt.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY MLC AND MLC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED (WHETHER COLLATERALLY, BY STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. MLC DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MLC OR AN MLC-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS DO NO ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE EFFECTS OF THIS DISCLAIMER AND THE LIMITED WARRANTY UNDER THIS SECTION NUMBER 7 DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY MLC'S NEGLIGENCE.

8. Exclusion and Limitation of Remedies and Damages

(a) Exclusion. IN NO EVENT WILL MLC OR FILEMAKER OR ANY OF THEIR DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE TO YOU IN ANY WAY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) OR DIRECT LOSS OF BUSINESS, BUSINESS PROFITS OR REVENUE, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM (WHETHER UNDER CONTRACT, NEGLIGENCE OR OTHER TORT OR UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) AND EVEN IF MLC OR FILEMAKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

(b) Limitation. MLC'S TOTAL LIABILITY TO YOU FOR DAMAGES FOR ANY CAUSE WHATSOEVER NOT EXCLUDED BY SECTION 8 (a) ABOVE HOWSOEVER CAUSED (WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORT, UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) WILL BE LIMITED TO THE GREATER OF U.S. $5.00 OR THE MONEY PAID FOR THE SOFTWARE THAT CAUSED THE DAMAGES. THE PARTIES AGREE THAT THIS LIMITATION OF REMEDIES AND DAMAGES PROVISION SHALL BE ENFORCED INDEPENDENTLY OF AND SURVIVE THE FAILURE OF ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY. THIS LIMITATION WILL NOT APPLY IN CASE OF DEATH OR PERSONAL INJURY CAUSED BY MLC'S NEGLIGENCE ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATION OF LIABILITY IN THIS SECTION 8(b) MAY NOT APPLY TO YOU. NOTHING IN THIS LICENSE AFFECTS OR PREJUDICES THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS.

9. Your Warranty to MLC

You warrant that all individuals having access to the Software or the bundled FileMaker software will observe and perform all the terms and conditions of this License Agreement. You shall promptly enforce the restrictions in this License Agreement against any person who gains access to your copy of the Software (i.e. the copy you obtain upon agreeing to this License Agreement or any other lawful copy you have made from this copy) with your permission or while your employee and who violates such restrictions. You agree to immediately notify MLC in writing of any misuse, misappropriation or unauthorized disclosure, display or copying of the Software that may come to your attention. You agree to indemnify and hold harmless MLC from any and all claims resulting from your use of the Software or breach of this License Agreement.

10. Injunctive Relief

Because of the unique nature of the Software, you understand and agree that MLC will suffer irreparable injury in the event you fail to comply with any of the terms of this agreement and that monetary damages may be inadequate to compensate MLC for such breach. Accordingly, you agree that MLC will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief, without posting a bond, to enforce the terms of this License Agreement.

11. Controlling Law, Venue, and Severability

This License Agreement will be governed by and construed in accordance with the laws of Texas, as applied to agreements entered into and to be performed entirely within Texas between Texas residents. Venue for any action under this License Agreement shall be in San Antonio, Texas. You consent to the personal jurisdiction of the courts of such venue. This license shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License Agreement shall continue in full force and effect.

12. Complete Agreement; Governing Language

This License Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment or modification of this License Agreement will be binding unless in writing and signed by an officer of MLC.