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LICENSE AGREEMENT

ECONOMY LEADS LLC ("Licensor") will license its Canned Leads™ ("Compiled Leads File(s)") to the User ("Licensee"), upon the condition that Licensee accepts all of the Terms and Conditions of this License Agreement.

Terms and Conditions

1. Use.   Licensee is responsible for the selection of the Compiled Leads File(s) to achieve the intended results of Licensee. Licensee is responsible for installation of the Compiled Leads File(s) and determining the appropriate uses of the Compiled Leads File(s). The Licensor has not processed the Compiled Leads File(s) against state or federal "Do Not Call Lists"-This processing is the responsibility of the Licensee. Responsibility rests with Licensee that the actions of Licensee are in compliance with applicable state and federal laws. By purchasing any Compiled Leads File(s), Licensee has a nonexclusive, nontransferable license to use the Compiled Leads File(s). Licensee has twelve hours to complete the download of Compiled Leads File(s) purchased starting after Licensee completes payment. Licensee is responsible for the supervision, management, output, and control of the use of the Compiled Leads File(s). Licensee may use the Compiled Leads File(s) solely in accordance with the Documentation or any other use restrictions contained herein. Licensee may install the Compiled Leads File(s) on up to one hard drive or one other computer storage device per license purchased.

2. Use Restrictions.   Licensee agrees not to modify, change, disassemble, enhance, or otherwise re-compile the Compiled Leads File(s) except solely for internal use by Licensee. No right is granted to sell, license, sublicense, lease, rent or otherwise transfer the Compiled Leads File(s) or allow any third party to have access to or use the Compiled Leads File(s) for any reason.

3. Ownership.   Compiled Leads File(s) are rented to Licensee for a period of one year beginning on the date of purchase. The Compiled Leads File(s) is owned by Licensor and remain the property of Licensor. The Compiled Leads File(s) is protected by copyright and other laws of the United States.

4. Disclaimer of Warranty.   The Compiled Leads File(s) is provided without warranty in its current "AS IS" condition only for purposes of using the Compiled Leads File(s) with Licensor. LICENSOR MAKES NO WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

5. Limitation of Liability.   IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT PAID BY THE LICENSEE FOR THE COMPILED LEADS FILE(S) DURING THE ONE YEAR PERIOD PRECEEDING THE CLAIM AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDT. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOOD WILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

6. Confidential Information.   Licensee agrees to keep confidential all technical, product, business, and other information regarding the Compiled Leads File(s) (the "Confidential Information"), including but not limited to compiling techniques and methods, research and development, computer programs, documentation, marketing plans, and business methods. Licensee shall at all times protect and safeguard the Confidential Information and agrees not to disclose, give, transmit or otherwise convey any Confidential Information, in whole or in part, to any other party. Licensee further agrees not to attempt to ascertain any Compiled Leads File(s) by unauthorized access or review, or any other technique or method. Licensee agrees that it will not use any Confidential Information for its own purpose or for the benefit of any third party and shall honor the copyrights of and will not copy, duplicate, or in any manner reproduce any such copyrighted materials. The provisions of this Section shall survive termination or expiration of this Agreement.

7. Governing Law.   This Agreement shall be governed by and construed and interpreted by the laws of the State of Oregon, without regard to any conflict of laws provisions therein. Licensee shall comply with all then-current export and import laws and regulations of the United States and such other governments as are applicable when distributing or using the Compiled Leads File(s). Licensee hereby certifies that it will not directly or indirectly export, re-export, transship, or transmit the Compiled Leads File(s), or any portion thereof, or related information, media, or products in violation of United States laws and regulations.

8. Entire Agreement.   This Agreement constitutes the entire agreement and understanding between the parties relating to the subject matter hereof. This Agreement may not be amended except by a written document signed by both parties.

9. Severability.   Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.

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Economy Leads LLC Canned Leads™ provide an affordable alternative for your mailing lists, sales leads, telemarketing, and business directory needs.



 
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