ActualScripts, Company.

TERMS AND CONDITIONS OF USE AGREEMENT

Software License Terms

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING SOFTWARE. DOWNLOADING, INSTALLING OR USING SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

1. License.

   In this license agreement ("License Agreement"), you, the purchaser of the license rights granted by this Agreement, are referred to as "Licensee" or "You". In accordance with the terms and conditions of this License Agreement, ActualScripts, Company ("Licensor" or "us" or "we") grants Licensee the non-exclusive license to use the accompanying software ("Software") and documentation ("Documentation"). In this License Agreement, the Software and Documentation and any copies or modifications are referred to as the "Licensed Product". All rights to and in the Licensed Product, all copies and derivative works, including, but not limited to, copyrights and trade secret rights, belong to Licensor and Licensor holds title to each copy of the Software. The Software shall only be used in conjunction with one web site. Licensee is required to purchase additional licenses of the Licensed Product for each additional web site. Use of the Software on more than one web site without proper licensing will result in termination of all of Licensee's rights to use the Licensed Product. Licensee's login information for the Owner's Lounge is for use of Licensee only. Licensee shall not provide Owner's Lounge login information to any third party under any circumstance, and this Agreement shall automatically terminate in the event of such action. Licensee shall not transfer or distribute the Licensed Product to others, and this Agreement shall automatically terminate in the event of such a transfer or distribution. Licensee shall not copy, modify or create derivative works the Licensed Product, except as provided for herein and to make one copy the Software for the sole purpose of backup as long as all copyright and other notices are reproduced and included on the backup copy.

2. Term and Termination.

   This License Agreement is effective until terminated. Licensor may terminate this License Agreement if Licensee breaches any of the terms and conditions contained herein. Upon termination of this License Agreement for any reason, Licensee shall permanently destroy all copies of the Licensed Product. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor's proprietary rights shall survive termination.

3. Restrictions on Transfer and Use.

   Licensee may not transfer, in whole or in part, the Licensed Product to any third party, including a transfer contemporaneously with the sale of the web site, assets or stock of Licensee. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void. Use of the Software for remote hosting of CGI scripts is forbidden and may result in termination of your License Agreement.

4. Limited Warranty.

   Licensor does not warrant that the functions contained in the Licensed Product will meet Licensee's requirements or that the operation of the Software will be uninterrupted or error-free.

   THE LICENSED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE.

5. Limitation Of Liability.

   LICENSOR'S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE REPLACEMENT OF DEFECTIVE MEDIA. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS OR LOSS OF USE, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION OR FOR ANY INSTALLATION SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

6. General.

   Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void.

7. Technical Support.

   Once you have licensed the Software, technical support is available via e-mail and help boards. Technical support may be discontinued for older versions of our products at any time. If you are using a version for which support has been discontinued, you will need to upgrade to a newer version in order to receive further support.

   In order to receive technical support, you must have an unedited copy of the Software running on your server. The only sections of code that you may edit are those that are mentioned in the documentation for the Software. Any other editing of the Software will result in the loss of technical support. We do not provide technical support for modified Software.

   For technical support requests, please allow 12-18 hours for a response. We do not have a 24-hour staff to handle the requests we get, so please be patient when requesting assistance. We do not provide telephone tech support at this time. To date, we have been able to successfully resolve ALL tech support issues through e-mail and the help boards, so just because we don't offer phone support doesn't mean we can't help.

   The tech support staff will be able to assist you with problems you encounter with the Software itself (software generated error messages). It is assumed that your server meets the requirements of the software. The tech support staff can not offer server administration services to get your server properly configured to run the software.

   If you alter or modify the Software which results in the Software ceasing to function or not to function properly, there will be an additional fee if you require us to correct the error.

8. Refund Policy.

   We do not refund any monies for return of the Licensed Product. ALL SALES ARE FINAL. The operating system and other requirements are clearly stated, so make sure that your system meets those requirements before you purchase the Licensed Product. Prior to your purchase you have the opportunity to view the demo and ask us questions to make sure that the Software suits your needs - no refunds will be given on the basis that the Licensed Product does not meet your requirements. Any refunds or chargebacks processed without the consent of ActualScripts, Company will result in legal action against you for software piracy. We take this issue very seriously, and have no tolerance for those who pirate software products.

9. Installation Policy.

   Installation consists of us asking you a series of questions, getting your server login information, uploading all required files, setting all the variables according to your answers, and making sure the script is operating properly within your server capabilities. Once that is completed, we will contact you with the information you need to begin working with the Software.

   By providing your login information to us for installation services you are authorizing us to access your web site, make changes, create directories, upload files and all other necessary actions to get the software installed and operating pursuant to our standard specifications. Additionally, you are permitting us to retain the login information for future technical support, should it be needed and for removal of the Software in the event your license is terminated pursuant to the terms hereof. You will indemnify and hold us harmless for all damages that arise from our access to your site and hold us harmless for, and hereby expressly assume all risk for, any violation of your agreement with your web site host or provider.

   We do not offer installation services for beta versions of our software. All installations are done with the latest stable release of the product you purchase.

10. Confidentiality.

    Your personal information will be kept confidential and will not be disclosed to a third party unless we are presented with a court order ordering us to do so. We reserve the right to use your web site URL as an example for other potential customers to view. We reserve the right to link to your site whenever you are using the Software.