FastMaint CMMS Maintenance Management Software 10.0.1

EULA - End User License Agreement

PERMISSION TO USE THIS SOFTWARE IS CONDITIONAL UPON YOU AGREEING TO THE DISCLAIMER AND LICENSE TERMS. BY INSTALLING OR USING THE SOFTWARE YOU CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.

SMGlobal Inc. ("developer") hereby grants you ("user") a non-exclusive license to use FastMaint ("software") and its documentation subject to the following disclaimer, terms and conditions:

General. User agrees not to distribute, reproduce, transmit or transfer, in whole or in part, the software or its documentation or registration codes without express prior written permission from the developer. Enabling others to use your registration code(s), if any, is strictly prohibited.

LIMITATION OF LIABILITY. THIS SOFTWARE IS PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND. DEVELOPER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DEVELOPER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF DEVELOPER HAS BEEN ADVISED BY USER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. USER AGREES TO HOLD DEVELOPER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES AND EXPENSES.

USER ALSO AGREES TO DEFEND, INDEMNIFY AND HOLD THE DEVELOPER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM USER'S VIOLATION OF THIS AGREEMENT OR ANY THIRD-PARTY'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

SCOPE OF GRANT. You may use the software on one or more computers, provided that each person accessing the software must have a copy licensed to that person. If this Agreement is included with the single-user or multi-user trial versions of the software, you are granted a limited non-exclusive license to use the software for up to thirty days for the purpose of evaluating whether to purchase a license.

Limitations on Reverse Engineering, Decompilation, and Disassembly. User may not reverse engineer, decompile, or disassemble the software.

Restrictions on Alteration. User may not use, copy, modify, translate, or transfer the software or any copy except as expressly defined in this agreement. User may not rename, edit or create any derivative works from the software without the agreement of the developer. User may not attempt to unlock or bypass any copy protection or authentication algorithm utilized by the software. User may not remove, modify or alter any copyright notice or the method by which it may be invoked, from any part of the software, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the software's dialog or 'about' boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or dynamically or otherwise created by the software.

Termination. This Agreement may be terminated by developer immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately destroy all complete and partial copies of the software, including all backup copies and registration codes.

Miscellaneous. This Agreement shall be construed and enforced under the laws of the State of North Carolina. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.