License Agreement

IMPORTANT: YOU ARE ABOUT TO DOWNLOAD, INSTALL OR USE PROPRIETARY SOFTWARE. LLAMAGRAPHICS INC. IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY IF YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THIS LICENSE AGREEMENT.

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE CLICKING THE "I ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE. BY CLICKING THE "I ACCEPT" BUTTON BELOW, YOU ACCEPT AND AGREE TO BE BOUND TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, WITHOUT LIMITATION OR QUALIFICATION.

IF AFTER READING THIS AGREEMENT, YOU DO NOT WISH TO AGREE TO ITS TERMS, CLICK THE "I DECLINE" BUTTON BELOW, AND THE DOWNLOADING PROCESS WILL TERMINATE.

YOUR INSTALLATION AND USE OF THE SOFTWARE INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH BELOW.

1. Ownership of Software. The enclosed Llamagraphics, Inc. ("Licensor") software program "Life Balance" ("Software") and the accompanying written materials are owned by the Licensor and are protected by the United States copyright laws, by laws of other nations, and by international treaties.
2. Grant of License. Licensor grants to you the non-exclusive right to use one copy of the software on a single computer. You may load one copy into a permanent memory of one computer. You may not load the software onto a network. You assume responsibility for the selection of the program to achieve your intended results and for the installation, use and results obtained from the program.
3. Restrictions on Use and Transfer.
   1. You may use the Software free of charge for a period of thirty (30) days (the "Trial Period"). In connection with that Trial Period, you may use an electronic distribution file that is appropriate to download the Software to a single Macintosh, Windows, or Palm OS compatible device for 30 days. Upon the expiration of the Trial Period, the Software will automatically disable itself. In order to continue use after the Trial Period, you must purchase an License Code from Licensor. You may not loan, rent, transfer or assign the License code to another user except as the permanent transfer of the Software and all written materials.
   2. You may not copy the Software, except that (1) you may make one copy of the Software for backup or archival purposes in support of the program on the single machine; (2) you may transfer the Software to a single Macintosh, Windows, or Palm OS compatible device on which it will be used; and, (3) you may copy the Software without the License Code to a transferee who agrees to be bound by the terms of this Agreement.
   3. License codes issued by Llamagraphics, Inc. are only valid for the version of the Life Balance software and the computer platform (Macintosh, Windows, or Palm OS) for which the license code was issued. Software upgrades and transfers of licenses to other computer platforms may require additional fees, at the discretion of Llamagraphics, Inc.
   4. You may not copy the written materials.
   5. You may permanently transfer the Software with the License Code and accompanying written materials (including the most recent update and all prior versions) if you retain no copies, and the transferee agrees to be bound by the terms of this Agreement. Such a transfer terminates your license.
   6. You may not sell, rent, lease, license, sublicense or otherwise transfer or assign the right to use the Software, except as stated in this paragraph. You may not alter, merge, modify or adapt the Software in any way including reverse engineering, decompiling, disassemblying or bypassing the License Agreement or License Code process.
4. No Warranty.
   1. THE SOFTWARE IS BEING LICENSED TO YOU "AS IS" AND WITHOUT WARRANTY. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND ANY ACCOMPANYING WRITTEN MATERIALS. FURTHER, LICENSOR EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE OR ANY OF ITS PARTS WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR WILL BE COMPATIBLE WITH ANY SOFTWARE OR HARDWARE POSSESSED OR TO BE POSSESSED BY YOU.
   2. BECAUSE OF THE NATURE OF THE SOFTWARE AND THE COMPLEX SYSTEMS IN WHICH IT IS USED, IT IS IMPOSSIBLE TO GUARANTEE THAT THE SOFTWARE IS ERROR FREE. BUGS OR ERRORS MAY EXIST AND ARE SUBJECT TO MAINTENANCE SERVICES THAT ARE AVAILABLE FROM LICENSOR. THE RESULTS OF AN ERROR, AND IN PARTICULAR, WHETHER IT MAY RESULT IN PHYSICAL HARM, IS DEPENDENT ON THE USE OF THE SOFTWARE, WHICH IS NOT UNDER LICENSOR'S CONTROL AND FOR WHICH LICENSOR THEREFORE SHALL NOT BE RESPONSIBLE.
   3. IN NO CASE WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES UNDER ANY CIRCUMSTANCES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF INFORMED OF THE POSSIBILITY THEREOF IN ADVANCE. LICENSOR'S LIABILITY IN CONNECTION WITH THIS LICENSE SHALL NOT EXCEED AMOUNTS PAID TO LICENSOR BY YOU HEREUNDER.
   4. IN THE EVENT THE SOFTWARE INFRINGES ANY OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS, LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT LICENSOR'S CHOICE, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPLACEMENT OF THE SOFTWARE WITH NON-INFRINGING SOFTWARE.
5. Indemnification. You agree to indemnify Licensor against any claims that arise from your use or other disposition of the Software by you other than as permitted by this Agreement. You agree to indemnify Licensor against any claims that result from your combination, utilization, incorporation and/or bundling of the Software with other third party products or systems.
6. Controlling Law and Severability. This agreement is governed by the laws of the United States and the Commonwealth of Massachusetts. 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.
7. U.S. Governmental Restricted Rights. The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c) (1) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Supplier is Llamagraphics, Inc.
8. Export Law Assurances. You agree that the Software will not be exported outside the United States except as authorized by United States law. You also agree that Software that has been rightfully obtained outside the United States shall not be reexported except as authorized by the laws of the United States and of the jurisdiction in which the Software was obtained.
9. Term of License. This License is effective until terminated. The License will automatically terminate immediately if you violate any provision of this Agreement. You may terminate it at any other time by destroying the Software and the License Code together with all copies and modifications in any form. Upon termination of this License for any reason, you hereby agree to destroy the Software and License Code together with all copies and modifications in any form.
10. Complete Agreement. This License constitutes the entire agreement between the parties with respect of the use of the 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 by Llamagraphics, Inc.