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GenoPro End User License Agreement (EULA)

Please go to our Web site at http://www.genopro.com/eula/ to download and print a copy of this Software License Agreement for your files and http://www.genopro.com/privacy/ to review the privacy policy.

1. SOFTWARE LICENSE

(a) License Grant. Upon your acceptance of this Software License Agreement GenoPro grants you a non-exclusive, non-transferable (except as provided below), limited license to install and use a copy of the Software on your compatible computer, up to the Permitted Number of computers. The Permitted Number of computers shall be delineated at such time as you elect to purchase the Software. During the evaluation period, hereinafter defined, only you may install and use the software on one desktop computer and an additional copy of the Software on a second portable notebook computer, but only for the exclusive use of the primary user of the first copy of the Software, and not for concurrent use.

(b) Server Use. You may install one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number of computers.

(c) Registration Key, Upgrades and Updates. Prior to your purchase and as part of the registration for the thirty (30) - day evaluation period, as applicable, you will receive an evaluation key code. You will receive a purchase key code when you elect to purchase the Software. The purchase key code will enable you to activate the Software beyond the initial evaluation period. You may not re-license, reproduce or distribute any key code except with the express written permission of GenoPro. If the Software that you have licensed is an upgrade or an update, then the update replaces all or part of the Software previously licensed. The update or upgrade and the associated license keys does not constitute the granting of a second license to the Software in that you may not use the upgrade or update in addition to the Software that it is replacing. You agree that use of the upgrade of update terminates your license to use the Software or portion thereof replaced.

(d) Title. Title to the Software is not transferred to you. Ownership of all copies of the Software and of copies made by you is vested in GenoPro, subject to the rights of use granted to you in this Software License Agreement. As between you and GenoPro, documents, files, genograms, gedcom file, and generated family tree reports that are authored or created by you via your utilization of the Software, in accordance with its Documentation and the terms of this Software License Agreement, are your property.

(e) Reverse Engineering. In no event, may any other party modify and/or reverse-engineer, decompile, disassemble or otherwise attempt to discover the compiled source code of the program. To ensure a safe installation to the user, GenoPro prohibits distributors to modify the installation process obligating the user to install third-party software along with GenoPro. The installation file InstallGenoPro.exe shall not be embedded into any other installation program and shall be distributed without any modifications. Any custom setup of GenoPro shall receive the written approval of GenoPro.

(f) Other Restrictions. You may not loan, rent, lease, sublicense, distribute or otherwise transfer all or any portion of the Software to third parties unless otherwise expressly provided. You agree to notify your employees and agents who may have access to the Software of the restrictions contained in this Software License Agreement and to ensure their compliance with these restrictions. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS GENOPRO FROM ANY 3RD PARTY SUIT TO THE EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF THE SOFTWARE IN YOUR USE. WITHOUT LIMITATION, THE SOFTWARE IS NOT INTENDED FOR USE IN WHERE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR PHYSICAL OR ENVIRONMENTAL DAMAGE.

2. INTELLECTUAL PROPERTY RIGHTS

Acknowledgement of GenoPro's Rights. You acknowledge that the Software and any copies that you are authorized by GenoPro to make are the intellectual property of and are owned by GenoPro. The Software is confidential information of GenoPro, and is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You acknowledge that GenoPro retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the Software and all accompanying product documentation. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners’ names. GenoPro® and the GenoPro Logo are registered trademarks of GenoPro. This Software License Agreement does not grant you any intellectual property rights in the Software.

3. LIMITED TRANSFER RIGHTS

Notwithstanding the foregoing, you may transfer all your rights to use the Software to another person or legal entity provided that: (a) you also transfer each of this Software License Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; (c) the receiving party secures a personalized key code from GenoPro; and (d) the receiving party accepts the terms and conditions of this Software License Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not-for-resale copies of the Software.

4. ADDITIONAL TERMS FOR BETA AND EVALUATION SOFTWARE

If the product you have received with this license is a pre-release or beta Software ("Beta Software"), then this Section applies. In addition, this section applies to all evaluation and/or demonstration copies of GenoPro software and continues in effect until you purchase a license (a Registration Key, or "Golden Key"). To the extent that any provision in this section is in conflict with any other term or condition in this Software License Agreement, this section shall supersede such other term(s) and condition(s) with respect to the Pre-release and/or Evaluation. Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Pre-release Software is a pre-release version, does not represent final product from GenoPro, and may contain bugs, errors and other problems that could cause system or other failures and data loss. CONSEQUENTLY, THE PRE-RELEASE AND/OR EVALUATION SOFTWARE IS PROVIDED TO YOU "AS-IS" WITH NO WARRANTIES FOR USE OR PERFORMANCE, AND GENOPRO DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE AND/OR EVALUATION SOFTWARE, BUT IT MAY BE LIMITED, GENOPRO'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF ONE DOLLAR (USD $1) IN TOTAL.

If the Evaluation software has a time-out feature, then the software will cease operation after the conclusion of the designated evaluation period. Upon such expiration date, your license will expire unless otherwise extended. Access to any files created with the Evaluation Software is entirely at your risk. You acknowledge that GenoPro has not promised or guaranteed to you that Beta Software will be announced or made available to anyone in the future; GenoPro has no express or implied obligation to you to announce or introduce the Beta Software, and that GenoPro may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Beta Software or any product associated with the Beta Software is done entirely at your own risk. During the term of this Software License Agreement, if requested by GenoPro, you will provide feedback to GenoPro regarding testing and use of the Beta Software, including error or bug reports. If you have been provided the Beta Software pursuant to a separate written agreement, your use of the Software is governed by such agreement. You may not sublicense, lease, loan, rent, distribute or otherwise transfer the Beta Software. Upon receipt of a later unreleased version of the Beta Software or release by GenoPro of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Beta Software received from GenoPro and to abide by the terms of the license agreement for any such later versions of the Pre-release Software.

5. LIMITED WARRANTY AND LIMITATION OF LIABILITY

(a) Limited Warranty and Customer Remedies. GenoPro warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (30) days from the date of receipt, and (ii) any support services provided by GenoPro shall be done in a public support forum on a best-effort basis. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. GenoPro’s and its suppliers’ entire liability and your exclusive remedy shall be, at GenoPro’s option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet GenoPro’s Limited Warranty and which is returned to GenoPro with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, viruses, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whi chever is longer. This limited warranty does not apply to Evaluation and/or Pre-release Software.

(b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR GENOPRO OR ITS SUPPLIER’S BREACH OF WARRANTY. GENOPRO AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, GENOPRO AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENOPRO AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

(c) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL GENOPRO OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF GENOPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, GENOPRO’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, GenoPro’s liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to this Software License Agreement between GenoPro and you.

6. SOFTWARE ACTIVATION, UPDATES AND LICENSE METERING

(a) License Metering. GenoPro has a built-in license metering module that helps you to avoid any unintentional violation of this Software License Agreement. GenoPro may use your internal network for license metering between installed versions of the Software.

(b) Software Activation. GenoPro's Software may use your internal network and Internet connection for the purpose of transmitting license-related data at the time of installation, registration or update to a GenoPro-operated license server and validating the authenticity of the license-related data in order to protect GenoPro against unlicensed or illegal use of the Software and to improve customer service. Activation is based on the exchange of license related data between your computer and the GenoPro license server. You agree that GenoPro may use these measures and you agree to follow any applicable requirements.

(c) Live Update. GenoPro provides a Live Update notification service to you, which is free of charge. GenoPro may use your internal network and Internet connection for the purpose of transmitting license-related data to an GenoPro-operated Live Update server to validate your license at appropriate intervals and determine if there is any update available for you.

(d) Use of Data. The terms and conditions of the Privacy Policy are set out in full at http://www.genopro.com/privacy/ and are incorporated by reference into this Software License Agreement. By your acceptance of the terms of this Software License Agreement or use of the Software, you authorize the collection, use and disclosure of information collected by GenoPro for the purposes provided for in this Software License Agreement and/or the Privacy Policy as revised from time to time. European users understand and consent to the processing of personal information in the United States and/or Canada for the purposes described herein. GenoPro has the right in its sole discretion to amend this provision of the Software License Agreement and/or Privacy Policy at any time. You are encouraged to review the terms of the Privacy Policy as posted on the GenoPro Web site from time to time.

7. TERM AND TERMINATION

This Software License Agreement may be terminated by GenoPro, at its option, giving you written notice of termination if you commit a breach of this Software License Agreement and fail to cure such breach within ten (10) days after notice from GenoPro. The Software License Agreement governing your use of a previous version that you have upgraded or updated of the Software is terminated upon your acceptance of the terms and conditions of the Software License Agreement accompanying such upgrade or update. Upon any termination of the Software License Agreement, you must cease all use of the Software and destroy all copies then in your possession or control.

8. GENERAL PROVISIONS

This Software License Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter hereof.



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