PrimeTime Draft, LLC End-User License Agreement

IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between You and PrimeTime Draft, LLC for the Software provided with this Agreement. By installing, copying, or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install or use the Software. PrimeTime Draft, LLC reserves the right to modify this Agreement at any time without giving You prior notice.

DEFINITIONS
"Agreement" means this End-User License Agreement, and any amendments to it.
"You" means the individual or single entity that is agreeing to be bound by the terms of this Agreement.
"Licensor" means PrimeTime Draft, LLC.
"Software" means the computer application, support files and data (including Activation Codes) licensed to You by Licensor under the terms of this Agreement, including any Updates thereto.
"Activation Code" means the unique string of numbers and characters assigned to You that enables full functionality of the Software.
"Update" means a revision or patch to the Software that may contain fixes, new features or enhancements.

LICENSE GRANT
If you have purchased a Personal license, Licensor grants You this limited, non-exclusive, non-transferable, non-assignable right to use the Software for your personal and non-commercial usage, provided you adhere to all the terms and conditions of this Agreement.

If you have purchased a Commercial license, Licensor grants You this limited, non-exclusive, non-transferable, non-assignable right to use the Software for your commercial usage, provided you adhere to all the terms and conditions of this Agreement.

If you have not purchased a license, You may use the Software in "Trial Mode" solely for the purposes of evaluating the performance of the Software on your system. You are expected to use the Software in "Trial Mode" to thoroughly evaluate its usefulness and functionality before purchasing a license. This "try before you buy" approach is the ultimate guarantee that the Software will perform to your satisfaction.

The foregoing is an express limited use license and not an assignment, sale, or other transfer of Software or any Intellectual Property Rights of Licensor. You may make copies of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copies all copyright notices and any other proprietary legends which appear on and in the original copy of the Software. If you have purchased a Personal license, You may export visualization output of the Software solely for personal display and use. Unless you have purchased a Commercial license, no commercial usage rights or rights of public display of visual output of the Software in any form are granted under this Agreement.

RESTRICTIONS
You agree that you will not attempt to reverse engineer, decompile, modify, translate, or disassemble the Software in whole or in part. Without Licensor's prior written approval, you may not:
(a) Sell, rent, lease, lend, sublicense, or in any way distribute or transfer the Software or any rights in this Agreement to third parties
(b) Charge for copies of the Software or its visual output
(c) Charge for support services associated with the Software or its visual output
(d) Charge for any service that uses the Software or its visual output, unless you have purchased a Commercial license

COPYRIGHT
The Software and all rights, without limitation including proprietary rights therein, are owned by Licensor or its suppliers and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Licensor and you will not acquire any rights to the Software except as expressly set forth in this Agreement.

DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

INDEMNIFICATION
You agree to hold Licensor (and its members) harmless from any and all liabilities, losses, actions, damages, claims, costs, and attorneys' fees arising resulting from or in connection with any use or misuse of the Software.

LIMITATION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES) ARISING OUT OF THE DELIVERY, PERFORMANCE, USE, OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY
IN NO EVENT SHALL LICENSOR's TOTAL LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE THAT YOU PAID.

GOVERNING LAW AND JURISDICTION
The parties agree to submit to the Ohio Courts only, for any dispute arising out of this Agreement and consent to the jurisdiction of said Courts and further agree that any and all matters of dispute shall be adjudicated, governed and controlled under and by Ohio law and this paragraph shall supersede any conflicting choice of law rules. The parties expressly stipulate that the 1980 Convention on Contracts for the International Sale of Goods shall not apply, nor shall the Uniform Computer Information Transactions Act.

SEVERABILITY
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. In the event that You fail to comply with this Agreement, the license is terminated and You agree to cease using the Software and uninstall the Software from your computer.

ENTIRE AGREEMENT
This Agreement represents the entire agreement of the parties hereto related to the subject matter hereof and any prior agreements, promises, negotiations, or representations, whether oral or written, not expressly set forth in this Agreement are of no force and effect.