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Usage Agreement

THIS AGREEMENT EXPRESSES THE TERMS AND CONDITIONS ON WHICH YOU MAY USE THIS SOFTWARE PROGRAM AND ASSOCIATED DOCUMENTATION THAT NJDiscoveryDocs.com, LLC, registered in the State of New Jersey (hereinafter referred to as "THE PROVIDER"), IS FURNISHING OR MAKING AVAILABLE TO YOU WITH THIS AGREEMENT (COLLECTIVELY, THE "SOFTWARE"). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY PRIOR TO ACCESSING THE SOTWARE/DOCUMENTATION. BY USING THE SOFTWARE AND ACCESSING THE DOCUMENTS, YOU AND YOUR COMPANY (COLLECTIVELY, "USER”) ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SOFTWARE OR ACCESS THE DOCUMENTS. VARIOUS COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS PROTECT THE SOFTWARE. THIS AGREEMENT IS A LICENSE AGREEMENT THAT GIVES YOU LIMITED RIGHTS TO USE THE SOFTWARE AND IS NOT AN AGREEMENT FOR SALE OR FOR TRANSFER OF TITLE. THE PROVIDER RETAINS ALL RIGHTS NOT EXPRESSLY GRANTED BY THIS AGREEEMENT. The PROVIDER forbids, under any circumstances, the unauthorized reproduction of the SOFTWARE or use of illegally obtained SOFTWARE. Making illegal copies of the SOFTWARE or Application is prohibited. Individuals who violate copyright law and SOFTWARE licensing agreements may be subject to criminal or civil action by the PROVIDER and its Clients and/or Partners.

1. LICENSE GRANT
Upon the terms and conditions of this Agreement, the PROVIDER grants you a nonexclusive license to use the SOFTWARE on a computer only for purposes of receiving electronically stored documents via the Internet.

2. PROPERTY RIGHTS AND RESTRICTIONS
2.1 Ownership. The SOFTWARE and all modifications or enhancements to, or derivative works based on the SOFTWARE, and all copyrights, patents, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the SOFTWARE or any such modification, enhancement or derivative work are and shall remain the sole and exclusive property of the PROVIDER. This Agreement does not convey title or ownership to you but instead gives you only the limited rights set forth in this Agreement.
2.2 Limited Rights. Pursuant to this Agreement, you may not modify the SOFTWARE and/or merge it into another program, nor transfer the SOFTWARE and license to another party, nor do you, except as expressly set forth in this Agreement, have the right to use, make, sublicense, modify, transfer or copy either the original or any copies of the SOFTWARE or to permit anyone else to do so. You may not allow any third party to have access to the source code of the SOFTWARE.
2.3 Proprietary Notices. You may not remove, disable, modify, or tamper with any copyright, trademark or other proprietary notices and legends contained within the code of the SOFTWARE.
2.4 Confidentiality. The SOFTWARE and the templates contain valuable trade secrets and proprietary information belonging to PROVIDER. You must keep confidential and protect from unauthorized  disclosure all such program code, all templates and all information that PROVIDER expressly designates as confidential or that you reasonably should understand to be confidential or proprietary.

3. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES
3.1 This SOFTWARE is provided "as is" and these warranties do not guarantee that the SOFTWARE will perform error-free or uninterrupted, or that all errors in the SOFTWARE and documentation will be corrected. These warranties are exclusive and take the place of all other express or implied warranties or conditions including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose.
3.2 This Agreement does not obligate the PROVIDER to perform the installation of any corrections, bug fixes, patches or other updates to the SOFTWARE licensed hereunder.
3.3 If the PROVIDER cannot substantially correct a breach of these warranties, in a commercially reasonable manner, you may end your program license and recover any fees you may have paid for  SOFTWARE and support. This is your exclusive remedy.

4. LIMITATION OF LIABILITY
Neither party shall be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits, revenue, data, or document use. Our maximum liability for any damages whether in contract or tort will not exceed any fees which you may pay to PROVIDER for SOFTWARE or support.

5. TERM
The license is effective in perpetuity. It can be terminated upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to delete access to the SOFTWARE together with all copies, modifications and merged portions in any form.

6. GENERAL
If any provision of this Agreement is declared void or unenforceable by any judicial authority, this shall not nullify the remaining provisions of the Agreement which shall remain in full force and effect. You may not sublicense, assign or transfer the license or the SOFTWARE except as expressly provided in this Agreement. Any attempt to otherwise sublicense, assign or transfer any of the rights, duties or obligations hereunder is null and void. This Agreement is governed by U.S. law. Any dispute arising out or in connection with this agreement including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Rules of the American Arbitration Association, which Rules are deemed to be incorporated by reference into this clause.


The Developer of the Original Code and Access Portfolio is DragonFly Designs, LLC.
Portions created by DragonFly Designs, LLC are copyright © 2008-2009 DragonFly Designs, LLC.

All Rights Reserved.