License Agreement For Quik! Software (Enterprise)

THIS IS A CONTRACT. BY INSTALLING AND/OR USING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Agreement accompanies an Efficient Technology, Inc. Software product, includes forms built to work with the product, and related documentation (“Software”). The term “Software” shall also include any upgrades, modified versions or updates of the Software licensed to you by Efficient Technology, Inc. This copy of the Software is licensed to you as the Customer.

Please read this Agreement carefully. Efficient Technology, Inc. grants to you a non-exclusive license to use the Software, provided that you agree to the following:

1. USE

You may install the Software as many times as necessary on computers and/or networks that you own or license in order to provide services to Registered Users, and make backup copies of the Software consistent with your documented backup and business continuity policies. You agree to register each Representative with Efficient Technology, Inc. as a unique user of the Software.

2. COPYRIGHT

The Software is owned by Efficient Technology, Inc., and its structure, organization and code are the valuable trade secrets of Efficient Technology, Inc. The Software is also protected by United States Copyright Law and International Treaty provisions. You agree not to modify, adapt, translate, reverse engineer, or decompile, disassemble or otherwise attempt to discover the source code of the Software. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.

3. WARRANTY

Efficient Technology, Inc. does not warrant that the functions contained in the Software or upgrades provided under the Agreement will meet your requirements or that the Software is error-free.

Efficient Technology, Inc. warrants that the Software furnished hereunder shall be free from significant programming errors and from defects in workmanship and materials for a period of ninety (90) days from the date of software availability for end-user use and shall operate in the hardware platform and operating system environment for which it is licensed and shall conform to the performance capabilities, specifications, functions and other descriptions applicable thereto as set forth in the Documentation; and that the Software shall conform to the standards generally observed in the industry for similar programs. Efficient Technology, Inc. shall make commercially reasonable efforts to correct any significant reproducible errors or nonconformance in the Software for which Efficient Technology, Inc. receives notice promptly after such error or nonconformance comes to your attention, provided such error or nonconformance relates to the proper functioning of the Software and has not been caused by negligence on your part or any third party, computer malfunction or other related causes external to the Software. Warranty services will be performed in a timely and workmanlike manner by qualified technicians familiar with the Software for similar services. Efficient Technology, Inc. warrants it owns, has title to, or is authorized to grant the license and rights to the Software.

Efficient Technology, Inc. warrants that Efficient Technology, Inc. has not installed and is not aware of any viruses or programming devices which would prevent the full use of the Software or access to your data.

Efficient Technology, Inc. does not warrant that the forms and documents output by the Software are approved by the company that developed the document content. Ensuring the accuracy of the document content, including the data entered on the document by either the End User or as a result of using the Software, is the sole responsibility of the End User. Efficient Technology, Inc. makes “best efforts” to ensure that the documents and resulting data entered by the Software are as accurate as possible for the intended use.

4. PRIVACY POLICY

Efficient Technology, Inc. considers the privacy of its End Users, Registered Users, visitors and customers to be of fundamental importance and has established a policy to maintain the privacy of the information you share with us. By using an Efficient Technology, Inc. product you are accepting the practices described in the Privacy Policy available on the Efficient Technology website at www.quikforms.com.

Subject to the Privacy Policy, Efficient Technology, Inc. reserves the right to collect and retain certain nonpublic personal information about you, including:

  • Information we are receiving from you, such as your name, address, company, and broker/dealer affiliation;
  • An address we receive from a third party when you have an address forwarding service;
  • Information contained in sent and received emails;
  • Information collected when the user initiates accessing the web from the software.
  • Information (commonly referred to as “cookies”) collected from the web browser of your PC that allows our website to recognize your browser;

We occasionally disclose nonpublic personal information about you to affiliates and non-affiliates as permitted by law and shall inform you if and when we make such disclosures. Some instances when we have shared information include:

  • Sharing information with companies related to us so we can make you aware of new products or other services that we offer;
  • Disclosing information in connection with legal proceedings, such as responding to a subpoena.

When information is shared with third parties, they are not permitted to use the information for any purpose other than to assist the fulfillment of servicing you as a customer or as permitted by law. Upon termination of agreement, we will continue to keep your information in accordance with our current privacy policy and practices.

We restrict access to your nonpublic personal information to authorized employees. We maintain physical, electronic and procedural safeguards that comply with federal standards to guard your nonpublic personal information. We appreciate the confidence you have shown by entrusting us with your information.

5. TRANSFER AND TERMINATION

You hereby agree that you may not and certify that you will not sublicense, lease, loan, rent, sell, distribute or transfer the software without the consent of Efficient Technology Inc.

6. JURISDICTION

This Agreement will be governed by the laws of the State of California, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terns. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. If you are located outside the United States of America, you hereby certify and agree that you shall not transfer or export any product, process or services that is or are the direct product of the Software. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Efficient Technology, Inc.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EFFICIENT TECHNOLOGY INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF EFFICIENT TECHNOLOGY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,. IN ANY CASE, EFFICIENT TECHNOLOGY INC'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE CURRENT SERVICE PERIOD AMOUNT YOU ACTUALLY PAID TO EFFICIENT TECHNOLOGY INC. FOR THE SOFTWARE PRODUCT OR SERVICE THAT DIRECTLY CAUSED THE DAMAGE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. RIGHTS

All rights reserved under the copyright laws of the United States.
Efficient Technology, Inc.
August 2007