DefinitionOmission v1.1 End User License

Copyright 2009 BlackCatWorks Enterprises.  All rights reserved.

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE SOFTWARE ACCOMPANYING THIS LICENSE. BY USING SUCH SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. THROUGHOUT THIS LICENSE, "YOU" REFERS TO A NATURAL PERSON.

1. General. The software accompanying this License and any third party software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other media or in any other form (collectively the "Software") are licensed, not sold, to you by BlackCatWorks Enterprises (the "Company") for use only under the terms of this License, and the Company reserves all rights not expressly granted to you. The rights granted herein are limited to the Company's  intellectual property rights in the Software as licensed hereunder and do not include any other patents or intellectual property rights. You may own the media on which the Software is recorded but the Company retains ownership of the Software itself. The terms of this License will govern any software upgrades provided by the Company that replace and/or supplement the original Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Title and intellectual property rights in and to any content displayed by, accessed through or processed and displayed by the Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.

2. Permitted License Uses and Restrictions. A. This License allows you to install and use the Software on each computer owned by you; you may make up to ten copies of the Software in machine-readable form for backup purposes only; provided that the backup copy or backup copies must include all copyright or other proprietary notices contained on the original; and you may install and use multiple instances of the Software on each computer owned by you. B. Except as and only to the extent expressly permitted by this License, by applicable licensing terms governing use of the open source components included in the Software, or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, create derivative works of, incorporate into or compile in combination with your own programs, rent, lease, lend, sublicense or otherwise redistribute the Software. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3. Transfer. You may not rent, lease, lend, redistribute or sublicense the Software. Subject to the restrictions set forth below, you may, however, make a one-time permanent transfer of all of your license rights to the Software (in its original form as provided by the Company) to another party, provided that: (a) the transfer must include all of the Software, including all its component parts, original media, printed materials and this License; (b) you do not retain ten calendar days after such transfer any copies of the Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Software reads and agrees to accept the terms and conditions of this License. All components of the Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications, except as permitted by separate licenses that may accompany such components.

4. Academic Copies. If the Software package has an academic label or if you acquired the Software at an academic discount, you must be an Eligible Educational End User to use the Software. "Eligible Educational End Users" means students, faculty, staff and administration attending and/or working at an educational institutional facility.

5. Consent to Use of Data. You agree that the Company and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software, and to verify compliance with the terms of this License. The Company may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from the Company if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software within ten calendar days of such termination.

7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE ("SERVICES") ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

The Company makes no representations or warranties with regard to any sites or information displayed by or accessed through the Software, or any web services performed by the Software in relation to such sites or information. the Company, its officers, affiliates and subsidiaries (if any) shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using the Software or for any inaccuracies, errors in or omissions from the content. Financial information, if any, displayed by the Software is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information (if any) obtained through the Software, you should consult with a financial professional. The Company does not guarantee the accuracy, completeness, or timeliness of stock information, if any, appearing within the Software.

8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the Company's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of twenty-five dollars ($25.00).  The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

9. Export Control. You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person?s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

10. Government End Users. The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. ?2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. ?12.212 or 48 C.F.R. ?227.7202, as applicable.  Consistent with 48 C.F.R. ?12.212 or 48 C.F.R. ?227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

11. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Colorado, as applied to agreements entered into and to be performed entirely within Colorado between Colorado residents. 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 shall continue in full force and effect.  

12. Complete Agreement. This License 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 to or modification of this License will be binding unless in writing and signed by an authorized representative of the Company. The parties hereto confirm that they have requested that this License and all related documents be drafted in English.

13. Third Party Acknowledgements. (a) Portions of the Software utilize or include third party software and other copyrighted material, and acknowledgements, licensing terms and additional disclaimers for such material accompany such material, and your use of such material is governed by their respective terms. (b) Certain Java software libraries referenced by the Software, including the Apache POI 3.1 libraries, utilize Apache Software Foundation technologies licensed under the Apache License, Version 2.0 (the "Apache License"); you may not use such portions of the Software except in compliance with the Apache License included as a deparate document to each such library and you may obtain a copy of such Apache License at http://www.apache.org/licenses/LICENSE-2.0; unless required by applicable law or agreed to in writing, software distributed under the Apache License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. (c) Certain icons incorporated into the Software, including but not limited to menu item icons, are copyright of Ray Cheung used by this Software under license from Ray Cheung; You may obtain a copy of such icons and further information regarding relicensing at http://www.webappers.com.

Rev. 01/01/09


Copyright 2009 BlackCatWorks Enterprises