WorkRoll Bug Tracker and Feedback Mgr. 2.62.4

EULA - End User License Agreement

WORKROLL.COM (HEREINAFTER "WORKROLL") WILL ALLOW YOU TO USE THE WORKROLL WEB-BASED ISSUE-TRACKING APPLICATION (THE "SOFTWARE") TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY.

1. LICENSE. WorkRoll hereby grants you a nonexclusive license to install and use the Software for a free trial period, and then on one server PER LICENSE PURCHASED. You may copy the Software for backup purposes, provided that you reproduce all copyright and other proprietary notices that are on the original copy of the Software.

2. RESTRICTIONS. WorkRoll retains all right, title, and interest in and to the Software, and any rights not granted to you herein are reserved by WorkRoll. Any attempt to transfer any of the rights, duties or obligations hereunder is void. You may not rent, lease, loan, or resell the Software, or any part thereof. You may not reproduce, distribute, publicly perform or publicly display the Software except as expressly permitted under Section 1, and you may not create derivative works of the Software. You may not make the Software available for download to anyone else on any computer system or network. You may not reverse-engineer or otherwise modify the code-level operation of this Software.

3. NO WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights.

4. LIMITATION OF LIABILITY. IN NO EVENT WILL WORKROLL OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) IN CONNECTION WITH THE SOFTWARE OR THIS AGREEMENT, EVEN IF WORKROLL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the foregoing limitations of liability, so the foregoing limitations may not apply to you.

5. TERM AND TERMINATION. This Agreement shall continue until terminated. You may terminate the Agreement at any time by deleting all copies of the Software. This license terminates automatically if you violate any terms of the Agreement. Upon termination you must promptly delete all copies of the Software. The sections "RESTRICTIONS," "NO WARRANTY," "LIMITATION OF LIABILITY," "INDEMNITY," and "GENERAL" shall survive termination.

6. INDEMNITY. You agree to defend and indemnify WorkRoll against all claims, losses, liabilities, damages, costs and expenses, including attorney''s fees, which WorkRoll may incur in connection with your breach of this Agreement.

7. GENERAL. The Software is a "commercial item." This Agreement is governed and interpreted in accordance with the laws of the State of New York without giving effect to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any claim arising out of or related to this Agreement must be brought exclusively in a federal or state court located in Kings County, New York and you consent to the jurisdiction of such courts. If any provision of this Agreement shall be invalid, the validity of the remaining provisions of this Agreement shall not be affected. This Agreement is the entire and exclusive agreement between WorkRoll and you with respect to the Software and supersedes all prior agreements (whether written or oral) and other communications between WorkRoll and you with respect to the Software.