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End User License Agreement & Terms of Service
END USER LICENSE AGREEMENT (EULA)
=================================
Please read this license agreement (“License”) carefully before using the VendNovation VendAccount Website in whole or in part, provided herewith, including without limitation, any extensions, documentation, or sample files. If you do not agree with the License, THEN DO NOT USE OR COMPLETE INSTALLATION OF ANY PART OF THE WEBSITE. BY USING ANY PART OF THE WEBSITE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE WEBSITE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT USE THE WEBSITE IN ANY WAY. THIS LICENSE CONTAINS THE COMPLETE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERCEDES ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS OR UNDERSTANDINGS, WHETHER ORAL OR WRITTEN, AS WELL AS ANY SUBSEQUENT VENDNOVATION CLICK-THROUGH AGREEMENTS PROVIDED WITH THE WEBSITE HEREWITH.

SOFTWARE LICENSE AGREEMENT
==========================

License
=======
Under this Software License Agreement (the "Agreement"), Rose Studios, Inc. dba VendNovation (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable license (the "License") to use VendNovation Vending Control Website (the "Software").

"Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.

Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.

The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.

The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.

Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.

License Fee
===========
Ongoing fees, as agreed in a separate “Software Contract” and paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.

Limitation of Liability
=======================
The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.

The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.

The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

The Vendor may remedy any non-conforming Software by providing a refund of the Software purchase price or, at the Vendor's option, repair or replace any or all of the Software.

Any refund provided under this section may be reduced where the Licensee has gained significant use and value from the Software. The reduction will be prorated over the anticipated life of the Software. The anticipated life of the Software is four (4) years.

Warrants and Representations
============================
The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.

Acceptance
==========
All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on execution of a Software Contract with the Vendor.

User Support
============
The Licensee will be entitled to online (email) support available 24 hours per day 7 days per week, at no additional cost.

The Licensee will be entitled to maintenance upgrades and bug fixes, at no additional cost, as long as the Software Contract is current beginning from the date of Acceptance.

Term
====
The term of this Agreement will begin on Acceptance and is perpetual.

Termination
===========
This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Vendor will disallow access to the web based software.

Force Majeure
=============
The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.

Governing Law
=============
The Parties to this Agreement submit to the jurisdiction of the courts of the State of Washington for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Washington.

Miscellaneous
=============
This Agreement can only be modified in writing signed by both the Vendor and the Licensee.

This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.

Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.

If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.

This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.

Privacy Policy
==============
We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page(s) you visited. We will not sell your personally identifiable information to anyone, but your information may be shared with 3rd party business to allow for system operations.

Security Policy
===============
Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.

Refund Policy
=============
All sales are final.

Notices
=======
All notices to the Vendor under this Agreement are to be provided at the following address:

Rose Studios, Inc. dba VendNovation
13400 NE 20th St., Suite 32, Bellevue, WA 98005