END USER LICENSE AGREEMENT
AS THE PERSON WHO HAS PURCHASED THE RIGHT TO USE OR INTENDS TO EVALUATE THIS MATERIAL, YOU ARE THE LICENSEE IN THIS AGREEMENT. YOU MUST CAREFULLY READ ALL OF THE TERMS OF THIS AGREEMENT BEFORE OPENING/INSTALLING THIS PACKAGE.
WHEN YOU OPEN THIS PACKAGE OR INSTALL THE APPLICATION (IN CASE OF ELECTRONIC DISTRIBUTION) IT MEANS THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITION RETURN THE UNOPENED PACKAGE FOR REFUND.

ACCEPTANCE OF LICENSE TERMS
1. As the licensee, you agree that when you open the package or install the application that accompanies this agreement and that contains one copy of the software program and related data files, referred to  as the ``Program,'' you indicate your acceptance of the following terms and  conditions. You acknowledge that if you do not agree with any of the following terms and conditions, you shall promptly return the unopened package and its contents to BEIKS, LLC for refund of the purchase price.
No refund will be given if the sealed package containing the Program diskette has been opened or if any of the components of the product are missing.

LICENSE
2. (a) You agree that BEIKS, LLC is the sole owner of the Program, and as the licensee, you will not acquire title to the Program. Pursuant to this Agreement, you are licensed to:
(i) Use the Program on a single computer during the term of this Agreement.
(ii) Make one copy of the program for your backup purposes, provided that the copy contains all of the restrictive and proprietary notices that appear on the Software, including the copyright notice.
(iii) Transfer the Program and this license to one other  party provided that the other party agrees to accept the terms and conditions  of this Agreement, and that at the time of the transfer you either deliver all copies, whether in printed or machine readable form, to the transferee or  destroy any copies not delivered. If you transfer this license your right to use the Program terminates and the license may not be transferred back to you.
(b) You agree not to use, copy, or modify the Program or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this Agreement.
(c) You agree not to sublicense, assign, or transfer the license or the Program, except as expressly provided in this Agreement, and that any attempt to do so shall be invalid and automatically terminate your license.
(d) You may not rent or lease the Program.

TERMINATION OF LICENSE
3. The license granted by this Agreement shall commence when the seal on the package is opened and shall be effective for 5 years, unless otherwise terminated pursuant to the terms of this Agreement. You may terminate this license at any time by destroying or returning to BEIKS, LLC, the Program and all its copies, modifications, and merged portions in any form. This license shall also be terminated automatically if you fail to comply with any term or condition of this Agreement or transfer possession of any copy, modification, or merged portion of the Program to more than one party. You also agree that on termination of this Agreement, you shall immediately destroy or return to BEIKS, LLC, the Program and all its copies, modifications, and merged portions in any form.

WARRANTY OF TITLE
4. BEIKS, LLC, warrants that it has good title to the Program and the right to license its use to you free of any proprietary rights of any other party. BEIKS, LLC shall defend you against any claims that use of the Program violates the proprietary rights of any other party.

LIMITED PRODUCT WARRANTY
5. (a) BEIKS, LLC, warrants the media that contains the Program to be free from defects in materials and workmanship under normal conditions of use for a period of 90 days from the date of delivery of the Program to you as set forth on your receipt for the purchase of the Program. This warranty is limited to you, the original Licensee, and is not transferable.
(b) The warranty contained in subparagraph 5(a) does not  extend to any hard media (diskette, CD-ROM, DVD) that has been damaged as a result of your accident, misuse, abuse, or as a result of service or modification by anyone other than BEIKS, LLC or an  authorized BEIKS, LLC dealer.

WAIVER OF IMPLIED WARRANTIES
6. YOU ACKNOWLEDGE THAT THE PROGRAM IS LICENSED ON AN "AS IS" BASIS, AND THAT SHOULD THE PROGRAM PROVE DEFECTIVE, EXCEPT TO THE  EXTENT SPECIFIED IN PARAGRAPH 5, YOU AND NOT BEIKS, LLC, ITS DISTRIBUTORS, OR ITS AUTHORIZED  DEALERS ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THIS PARAGRAPH EXPRESSLY WAIVES THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUERPOSE.

WARRANTY DISCLAIMER
7. (a) EXCEPT AS EXPRESSLY SET FORTH IN PARAGRAPH 5, NO OTHER WARRANTIES ARE MADE WITH RESPECT TO THE PROGRAM. BEIKS, LLC   

EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THIS AGREEMENT.
(b) BEIKS, LLC, DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM SHALL BE UNINTERRUPTED OR ERROR-FREE.
(c) YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THE PROGRAM TO ACHIEVE THE RESULTS INTENDED BY YOU AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM THE OPERATION OF THE PROGRAM.

WARRANTY REMEDIES
8. (a) During the warranty period BEIKS, LLC or their authorized distributors shall replace the media that fails to meet the express warranty contained in  Paragraph 5 provided it is returned to BEIKS, LLC, or an authorized BEIKS, LLC dealer with a copy of the receipt for  the purchase of the Program. If BEIKS or the authorized dealer is unable to deliver a replacement that is free of defects in materials or workmanship, you may terminate this Agreement and receive a refund of the purchase price by returning the Program to the authorized dealer you have purchased it from (including BEIKS, LLC) with a copy of the receipt for the purchase of the Program.
(b) You agree that your sole remedies and BEIKS, LLC’s entire liabilities are as set forth in subparagraph 8(a).

LIMITATION OF REMEDIES
9. IN NO EVENT SHALL BEIKS, LLC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES,  EXPENSES, LOST PROFITS, LOST SAVINGS, OR  OTHER DAMAGES ARISING OUT OF THE USE  OF OR INABILITY TO USE THE PROGRAM.
GOVERNING LAW

10. This Agreement shall be construed according to, and the rights of the parties shall be governed by, the law of the State of Texas.
INFORMATION

11. If you have any questions or comments concerning the Program or this Agreement, please contact BEIKS, LLC, at http://www.BEIKS.com and support@BEIKS.com.

LICENSEE'S ACKNOWLEDGMENT
12. BY BREAKING THE SEAL ON THIS PACKAGE OR INSTALLING THE PROGRAM (FOR ESD DISTRIBUTION), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND BEIKS, LLC AND THAT IT SUPERSEDES ANY PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND BEIKS, LLC, RELATING TO THE PROGRAM DESCRIBED IN THIS AGREEMENT.

SITE LICENSE AGREEMENT
End users of site licensees must comply with the End User License Agreement above, unless otherwise permitted by their Site License Agreement.
Site license agreements are enclosed with site license orders. If you are end-consumer in a site license agreement, please contact your IT manager to obtain and read the Site License Agreement before using the product.
