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End-User License Agreement

FREYTAG & COMPANY, LLC SOFTWARE LICENSE TERMS

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I. INTRODUCTION

These license terms are an agreement between you and Freytag & Company, LLC (or one of its affiliates). They apply to the software named above and any Freytag & Company, LL services or software updates (except to the extent such services or updates are accompanied by new or additional terms, in which case those different terms apply prospectively and do not alter your or Freytag & Company, LLC’s rights relating to pre-updated software or services). IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.

II. INSTALLATION AND USE RIGHTS

General. You may install and use any number of copies of the software. Third Party Software. The software may include third party applications that are licensed to you under this agreement or under their own terms. License terms, notices, and acknowledgements, if any, for the third party applications may be accessible in an accompanying notices file. Even if such applications are governed by other agreements, the disclaimer, limitations on, and exclusions of damages below also apply to the extent allowed by applicable law

III. DATA COLLECTION

The software may collect information about you and your use of the software and send that to Freytag & Company, LLC. Freytag & Company, LLC may use this information to provide services and improve Freytag & Company, LLC’s products and services. Your opt-out rights, if any, are described in the product documentation. Some features in the software may enable collection of data from users of your applications that access or use the software. If you use these features to enable data collection in your applications, you must comply with applicable law, including getting any required user consent, and maintain a prominent privacy policy that accurately informs users about how you use, collect, and share their data. You can learn more about Freytag & Company, LLC’s data collection and use in the product documentation and the Freytag & Company, LLC Privacy & Security Policy at https://freytag.us/Privacy-and-Security-Policy . You agree to comply with all applicable provisions of the Freytag & Company, LLC Privacy & Security Policy.

III. SCOPE OF LICENSE

The software is licensed, not sold. Freytag & Company, LLC reserves all other rights. Unless applicable law gives you more rights despite this limitation, you will not (and have no right to): work around any technical limitations in the software that only allow you to use it in certain ways; reverse engineer, decompile or disassemble the software; remove, minimize, block, or modify any notices of Freytag & Company, LLC or its suppliers in the software; use the software for commercial, non-profit, or revenue-generating activities; use the software in any way that is against the law or to create or propagate malware; or share, publish, distribute, or lend the software, provide the software as a standalone hosted solution for others to use, or transfer the software or this agreement to any third party.

III. EXPORT RESTRICTIONS

You must comply with all domestic and international export laws and regulations that apply to the software, which include restrictions on destinations, end users, and end use.

III. SUPPORT SERVICES

Freytag & Company, LLC is not obligated under this agreement to provide any support services for the software. Any support provided is “as is”, “with all faults”, and without warranty of any kind.

III. ENTIRE AGREEMENT

This agreement, and any other terms Freytag & Company, LLC may provide for supplements, updates, or third-party applications, is the entire agreement for the software.

III. APPLICABLE LAW AND PLACE TO RESOLVE DISPUTES

If you acquired the software in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of this agreement, claims for its breach, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles. If you acquired the software in any other country, its laws apply. If U.S. federal jurisdiction exists, you and Freytag & Company, LLC consent to exclusive jurisdiction and venue in the federal court in Fairfax County, Commonwealth of Virginia for all disputes heard in court. If not, you and Freytag & Company, LLC consent to exclusive jurisdiction and venue in the Fairfax County General District Court, Commonwealth of Virginia for all disputes heard in court.

III. CONSUMER RIGHTS; REGIONAL VARIATIONS

This agreement describes certain legal rights. You may have other rights, including consumer rights, under the laws of your state, province, or country. Separate and apart from your relationship with Freytag & Company, LLC, you may also have rights with respect to the party from which you acquired the software. This agreement does not change those other rights if the laws of your state, province, or country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory country law applies, then the following provisions apply to you:
Australia. You have statutory guarantees under the Australian Consumer Law and nothing in this agreement is intended to affect those rights.
Canada. If you acquired this software in Canada, you may stop receiving updates by turning off the automatic update feature, disconnecting your device from the Internet (if and when you re-connect to the Internet, however, the software will resume checking for and installing updates), or uninstalling the software. The product documentation, if any, may also specify how to turn off updates for your specific device or software.

Germany and Austria.
i. Warranty. The properly licensed software will perform substantially as described in any Freytag & Company, LLC materials that accompany the software. However, Freytag & Company, LLC gives no contractual guarantee in relation to the licensed software.
ii. Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the Product Liability Act, as well as, in case of death or personal or physical injury, Freytag & Company, LLC is liable according to the statutory law. Subject to the foregoing clause ii., Freytag & Company, LLC will only be liable for slight negligence if Freytag & Company, LLC is in breach of such material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in (so-called "cardinal obligations"). In other cases of slight negligence, Freytag & Company, LLC will not be liable for slight negligence.

III. DISCLAIMER OF WARRANTY.

THE SOFTWARE IS LICENSED “AS IS.” YOU BEAR THE RISK OF USING IT. FREYTAG & COMPANY, LLC GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, FREYTAG & COMPANY, LLC EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LIMITATION ON AND EXCLUSION OF DAMAGES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES DESPITE THE PRECEDING DISCLAIMER OF WARRANTY, YOU CAN RECOVER FROM FREYTAG & COMPANY, LLC AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.