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Tabellion End User License Agreement

Effective Date: 02/24/2021

This copy of Tabellion ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Autumn Moon Softworks LLC or its subsidiaries, affiliates, and suppliers (collectively "AMS") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").

ACCEPTANCE

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR USING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO USE THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE THE SOFTWARE PRODUCT.

LICENSE GRANT

This Agreement entitles you to install and use one or more copies of the Software Product. In order to use the Software Product you must request and maintain an active Tabellion user account with AMS. AMS reserves the right to terminate your Tabellion user account at any time in its sole discretion. If your user account is terminated this license to use the Software Product shall be deemed revoked, however indemnifications, warrantee disclaimers, intellectual property protections, and governing law sections shall survive after revocation.

UPDATES

AMS reserves the right to regularly update the application with new features, bug fixes etc. as needed. You agree to use the latest version of software published.

FEEDBACK AND SUGGESTIONS

You may from time to time provide AMS with feedback, ideas and suggestions to improve the Software Product. You agree that AMS may implement any feedback, ideas and suggestions we receive free of compensation and/or credit.

PERSONAL DATA COLLECTION

AMS may collect certain personal information from users (ie. email address, mailing address etc.). This information shall be kept in a secure, private manner and not shared. Use of this data is further governed by our Privacy Policy which can be reviewed at http://www.autumnmoonsoftworks.com/tabellionprivacy. Our Privacy Policy is incorporated by reference into this agreement.

RESTRICTIONS ON TRANSFER

Without first obtaining the express written consent of AMS, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

RESTRICTIONS ON USE

Use of the Software Product is governed by our Terms of Service which can be reviewed at http://www.autumnmoonsoftworks.com/tabellionTOS. Our Terms of Service are incorporated by reference into this agreement.

RESTRICTIONS ON ALTERATION

You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product.

RESTRICTIONS ON COPYING

You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a copy downloaded from the Google Play Store or Apple App Store.

INTELLECTUAL PROPERTY

AMS retains ownership of all proprietary rights in the Software Product, trade names, trademarks, or service marks associated or displayed with the Software Product. You will not remove, deface or obscure any of AMS' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Software Product. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any part of the Software Product. AMS retains ownership of any patents, copyrights, or trade secrets associated with the Software Product.

DISCLAIMER OF WARANTIES AND LIMITATION OF LIABILITY

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY AMS, AMS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

AMS makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. AMS makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. AMS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL AMS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF AMS OR ANY OTHER PARTY, EVEN IF AMS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS AMS' ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

LIMITATION OF REMEDIES AND DAMAGES

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of AMS. AMS reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If AMS is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the subscription price for the term of one month of the Software Product.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by AMS to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold AMS harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

GOVERNING LAW, JURISDICTION AND COSTS

This Agreement is governed by the laws of Tennessee, without regard to Tennessee's conflict or choice of law provisions.

SEVERABILITY

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

CONTACT US

To contact us with any questions or concerns in connection with this Agreement or Autumn Moon Softworks LLC, please refer to our contact information accessible from http://www.autumnmoonsoftworks.com/contact.