LICENSE AGREEMENT

ezTechDirect LLC Service Agreement Last Updated: April 17, 2007

THANK YOU FOR CHOOSING EZTECHDIRECT LLC

1. What the Contract Covers.

This is a contract between you and ezTechDirect LLC referenced in section 24.  Sometimes ezTechDirect LLC is referred to as “we,” “us” or “our”.  This contract applies to ezTechDirect software, products or services, including updates that you use while this contract is in force.  All of the software, products or services are referred to in this contract as the “service.”

Please note that we do not provide warranties for the service.   The contract also limits our liability.   These terms are in sections 12 and 13 and we ask you to read them carefully.

2. When You May Use the Service.

You may start using the service as soon as you have finished the sign-up process. 

3.  How You May Use the Service.

In using the service, you will:

• obey the law;
• obey any codes of conduct or other notices we provide;
• keep your service account password secret; and
• promptly notify us if you learn of a security breach related to the service.

4. How You May Not Use the Service.

In using the service, you may not:

• use the service in a way that harms us or our affiliates, resellers, distributors, and/or vendors (collectively, the “ezTechDirect LLC parties”), or any customer of an ezTechDirect LLC party;
• use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
• use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by ezTechDirect LLC, or “meta-searching”);
• use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
• damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone’s use and enjoyment of the service; or
• resell or redistribute the service, or any part of the service.

5. You Are Responsible for Your Service Account.

Only you may use your service account.  For some parts of the service, we may notify you that you may set up additional member accounts that are dependent on your account (an “associated account”).  You are responsible for all activity that takes place with your service account or an associated account.  You may not authorize any third party to access and/or use the service on your behalf.

6. If You Are an Associated Account User.

If you are the user of an associated account, then the holder of the service account has full control over your associated account.  This control includes the right to end the service, close or alter your associated account at any time, and, in some cases, to request and receive machine and service use information related to your association.

7. Your Materials.

You may be able to submit materials for use in connection with the service.  Except for material that we license to you, we do not claim ownership of the materials you post or otherwise provide to us related to the service (called a “submission”). However, by posting or otherwise providing your submission, you are granting to the public free permission to:

• use, copy, distribute, display, publish and modify your submission, each in connection with the service;
• publish your name in connection with your submission; and
• grant these permissions to other persons.

This section only applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law.  We will not pay you for your submission. We may refuse to publish, and may remove your submission from the service at any time.  For every submission you make, you must have all rights necessary for you to grant the permissions in this section.

8. Privacy.

We consider your use of the service to be private. However, we may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of ezTechDirect LLC, its employees, its customers or the public.  You consent to the access and disclosures outlined in this section.

We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract.  These means may include, for example, filtering to stop spam or increase security.  These means may hinder or break your use of the service.

9. Software.

If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software.  If there is no license presented to you, then we grant you the right to use the software only for the authorized use of the service on that number of computers stated in your service offer.  We reserve all other rights to the software. 

We may automatically check your version of the software.  We may automatically download upgrades to the software to your computer to update, enhance and further develop the service.

Unless we notify you otherwise, your license to use the software will end on the date your service ends, and you must promptly uninstall the software.  We may disable the software after the date the service ends.

You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity. 

The software is subject to United States export laws and regulations.  You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations and  end users.

10. Requirements for Placing Advertisements.

You may be able to place advertisements in or through the service.  We have no obligation to display any part of the advertising content.  With respect to any advertising content you provide, you promise that:

• all advertising content is accurate, complete and current;
• you have all necessary rights, power and authority to publish the advertising content;
• the advertising content, and any web site listed or linked to from the advertising content:
  • complies with all applicable laws and regulations;
  • does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party;
  • does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and
  • does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
• you possess documents substantiating all claims, express and implied, contained within the advertising content.

11. How We May Change the Contract.

If we change this contract, then we will tell you at least 30 days before the change takes place.  If you do not agree to these changes, then you must cancel and stop using the service before the change takes place.  If you do not stop using the service, then your use of the service will continue under the changed contract.

12. WE MAKE NO WARRANTY.

We provide the service “as-is,” “with all faults” and “as available.”  We do not guarantee the accuracy or timeliness of information available from the service.  The ezTechDirect LLC parties give no express warranties, guarantees or conditions.  You may have additional consumer rights under your local laws that this contract cannot change.  We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

13.  LIABILITY LIMITATION.

You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

This limitation applies to anything related to:

• the service,
• content (including code) on third party Internet sites, third party programs or third party conduct,
• viruses or other disabling features that affect your access to or use of the service,
• incompatibility between the service and other services, software and hardware,
• delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

It also applies even if:

• this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
• ezTechDirect LLC knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.  They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

14. Changes to the Service; If We Cancel the Service.

We may change the service or delete features at any time and for any reason.  We may cancel or suspend your service at any time.  Our cancellation or suspension may be without cause and/or without notice.  Upon service cancellation, your right to use the service stops right away.  Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. 

15. Interpreting the Contract.

All parts of this contract apply to the maximum extent permitted by law.  A court may hold that we cannot enforce a part of this contract as written.  If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce.  The rest of this contract will not change.  This is the entire contract between you and us regarding your use of the service.  It supersedes any prior contract or statements regarding your use of the service.  If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester).  The section titles in the contract do not limit the other terms of this contract.

16. Assignment.

We may assign this contract, in whole or in part, at any time with or without notice to you.  You may not assign this contract, or any part of it, to any other person.  Any attempt by you to do so is void.  You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

17. Respect Copyright

Please respect the rights of artists and creators.  Content such as music, photos and video may be protected by copyright.  People appearing in content may have a right to control use of their image.  You may not share other people’s content unless you own the rights or have permission from the owner.