Appendix A: End User License Agreement
TOLIS Group, Inc.
LICENSE AGREEMENT
This License Agreement ("Agreement"), provided by TOLIS Group, Inc. ("TOLIS"), governs the use of
the object code version of the BRU brand computer software, documentation and materials
accompanying this Agreement or otherwise provided in connection herewith (collectively, "Software"),
owned by TOLIS, by the person or entity ("Client") that has clicked on the "Agree" button below. For
purposes of this Agreement, Software may be the bruAPP/OS, BRU Sever Server, BRU Server Agent,
or BRU Server Console component.
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IF YOU DO NOT AGREE WITH THESE TERMS YOU MUST NOT USE THE BRUAPP IN ANY
FASHION, CONTACT BRU SALES AND REQUEST RETURN OF THE PRODUCT.
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1. LICENSE AND USE RESTRICTIONS
Subject to all other terms of this Agreement including the payment of any applicable fees, TOLIS hereby
grants to Client a non-exclusive, non-transferable license, without the right to grant sublicenses, to use
one (1) copy of the Software solely for Client's own, internal purposes. The foregoing license includes
the right of Client to make a reasonable number of copies of the computer programs contained in the
Software solely for backup and archival purposes; provided, however, that all such copies shall be
deemed Software for purposes of this Agreement. The foregoing license shall terminate immediately
and without notice for any breach of this Agreement by Client, including any failure to pay fees when
due. Upon any such termination, Client shall immediately destroy or delete any and all Software and
promptly confirm in writing that Client has done so.
The Software is and shall remain the sole and exclusive confidential and proprietary property of TOLIS,
subject to protection under the intellectual property laws of the United States and those throughout the
world. Client agrees not to use or disclose the Software, during and after the term of this Agreement,
except as expressly permitted by this Agreement. Client further agrees not to modify the Software,
remove any notices or markings on the Software, or reverse compile, reverse assemble, reverse
engineer or otherwise attempt to learn or disclose the trade secrets contained in the Software, transfer
the Software in whole or in part over a network, or permit any third party to do any of the foregoing.
Nothing in this Agreement shall be construed as conferring any license under any of TOLIS' intellectual
property rights, whether by estoppel, implication, or otherwise, except for those licenses expressly
granted herein.
2. WARRANTY AND DISCLAIMER
TOLIS warrants that for a period of sixty (60) days from the date of receipt by Client of the Software, the
media on which the Software was delivered shall be without defects in materials or workmanship.
TOLIS agrees to replace any defective media which is returned to TOLIS within the foregoing sixty (60)
day period. TOLIS may make available to Client additional services, including updates, enhancements
or improvements of or to the Software, under separate written agreement, and for additional payment.
THE FOREGOING WARRANTY IS THE ONLY WARRANTY GIVEN HEREUNDER. EXCEPT AS
OTHERWISE PROVIDED ABOVE, THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS,
WITHOUT ANY WARRANTY WHATSOEVER. ALL EXPRESS, IMPLIED OR STATUTORY
CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE
DISCLAIMED. Some states do not allow the disclaimer of implied warranties, so the foregoing
limitations may not apply to you.
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