License Agreement

Warning: Installing and/or using the @Quote Plus 32 software indicates your assent to the conditions in the following license agreement.

License Agreement for @Quote Plus 32

Terms. The @Quote Plus 32 software (and any ancillary software and documentation, hereafter referred to as "@Quote Plus 32") enclosed is the property of HERO Data Services, and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws. Unauthorized use and/or copying of this software is prohibited by law, including United States and foreign copyright law. The implementation and maintenance fees you pay to HERO Data Services grant you a non-exclusive, non-transferable license to use @Quote Plus 32, subject to the following terms:

A. The license to use @Quote Plus 32 is limited based upon the amount of the license fee paid by you to HERO Data Services. You agree to :
1. use @Quote Plus 32 only for the number of workstations enabled for access to @Quote Plus 32 (including without limitation through remote access technology) permitted by the applicable license fee;
2. use @Quote Plus 32 only in support of your own business. You may not relicense or sublicense @Quote Plus 32 to or otherwise permit the use of @Quote Plus 32 by any third party. You may not provide any data processing services using @Quote Plus 32 to any third party.

B. You may use @Quote Plus 32 in its compiled format only, and will not decompile, reverse engineer, or disassemble @Quote Plus 32 in any manner for any reason.

C. You may make copies of @Quote Plus 32 only as reasonably necessary to load and execute the program and for backup purposes. All copies of @Quote Plus 32 (or any part thereof), whether in printed or machine-readable form and whether on storage media or otherwise, are the licensed and owned property of HERO Data Services and are subject to all the terms of this license.

D. You may not sell, assign, convey, or otherwise transfer the @Quote Plus 32 software to any third party without the written consent of an officer of HERO Data Services.

E. Any updates, corrections, modifications, new versions, or new releases of @Quote Plus 32 (collectively known as "Updates"), such Updates are considered part of the @Quote Plus 32 software and the provisions of this license will apply to such Updates and to the @Quote Plus 32 software as modified thereby.

F. You may terminate this license at any time by returning to HERO Data Services the original copy of the @Quote Plus 32 software and deinstalling and or destroying all other copies of @Quote Plus 32. Upon termination of this license by HERO Data Services, you will also return the original @Quote Plus 32 software to HERO Data Services and deinstall and destroy all other copies of the @Quote Plus 32 software.

G. You will treat as confidential and will not disclose or otherwise make available any part of the @Quote Plus 32 software or other data, information or documentation related thereto disclosed and/or delivered to you by HERO Data Services, in any form, to any person (including but not limited to, any vendors or other third parties), other than your employees with a need to know. You will instruct any employees that have access to @Quote Plus 32 and other confidential information to keep the same confidential by using the same care and discretion that you use with respect to your own confidential property and trade secrets.

H. HERO Data Services may, at its discretion, take a copy of your data for support or troubleshooting purposes. You will be notified if and when this is done, and your data will be held in confidence and not disclosed to any third parties in any form without your consent.

I. All other rights are reserved by HERO Data Services.

Limited Warranty. HERO Data Services warrants that the physical media on which the @Quote Plus 32 software is recorded shall be free from defects in materials or manufacture under normal use for a period of one (1) year from the date of the shipment of the media. Programs found to have a defect in the media will be replaced at no charge to you if returned to HERO Data Services within such one-year period. Returns must be postage pre-paid. If the default results from accident, abuse or mishandling, however, HERO Data Services will have no responsibility to replace the media.

No Other Warranties. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE, INCLUDING DOCUMENTATION, IS PROVIDED "AS IS" AND NO WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE BY OR AUTHORIZED TO BE MADE ON BEHALF OF HERO DATA SERVICES. YOU ASSUME THE ENTIRE RISK OF THE RESULTS OF PERFORMANCE OF THE SOFTWARE OR OF THE FAILURE OF THE SOFTWARE TO PERFORM.

Limitation of Liability. HERO Data Services's entire liability to you and your exclusive remedy shall be the replacement of defective media as provided above.

No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HERO DATA SERVICES BE LIABLE FOR ANY SPECIAL DAMAGES, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, WHETHER CLAIMED UNDER THIS LICENSE OR OTHERWISE, EVEN IF HERO DATA SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This license agreement is governed by the laws of the State of New York.