Associate Installation

Please read this End User License Agreement.

BY CLICKING "I AGREE", YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST CLICK "I DO NOT AGREE."

END USER LICENSE AGREEMENT

PortNexus End User License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY--YOUR USE OF THIS SOFTWARE IS CONDITIONED ON AND SUBJECT TO THE FOLLOWING:

This is a legal agreement ("Agreement") between you ("Licensee" or "you") and PortNexus, Inc. ("PortNexus") for use of the PortNexus software ("Software"). By using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to use the Software.

1. License. You have a limited, non-exclusive and non-transferable right to:

(a) Use the Software to access, display and use PortNexus's Products, Data ("Data") and the service of accessing PortNexus Products online ("Services").
(b) Use the Software for your own non-commercial purposes.
(c) Use the Software on any computer you own.
(d) Copy the Software without modification for backup or archival purposes.

2. Restrictions. You do not have a right to:
(a) Reverse engineer, reverse compile or otherwise seek to derive source code from the Software.
(b) Modify, translate or create derivative works of the Software.
(c) Sublicense, lease, rent, loan or give a copy of the Software to any third party.
(d) Compile and/or re-distribute the digital images, text, graphic elements or other Data displayed by or contained in the Software or Services, historical or current.
(e) Remove any proprietary notices or labels on the Software.
(f) Copy the Software or documentation other than as expressly allowed by this Agreement.
(g) Keep any copies of the Software or any Data after termination of this Agreement.
(h) Allow or cause any other person or entity to do any of the above.

3. Ownership. Title, ownership and intellectual property rights in the Data, the Software and the Services will remain in PortNexus and/or its licensors. The Data, Software and Services are protected by various copyright laws and treaties. Ownership and related rights in the Data and Services are the property of the applicable content owner(s) and may be protected by applicable law. This License gives you no rights to such content.

4. Export Controls. The Software and any underlying technology may not be exported outside the United States in a manner that is prohibited by applicable export laws and regulations. By downloading or using the Software outside the United States, you assume responsibility for compliance with these laws and regulations.

5. AS IS; No Warranty. THE SOFTWARE IS PROVIDED "AS IS" AND WITH NO WARRANTY WHATSOEVER. PortNexus EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND FURTHER DISCLAIMS ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE.

In particular but without limitation, PortNexus does not warrant that operation of the Software will be uninterrupted or error-free, or that the functions or content included in the Software or the Services will meet your requirements. PortNexus does not warrant that files or Data sent to you will be transmitted in uncorrupted form or within a reasonable period of time. PortNexus does not warrant the accuracy of the Data, and bears no liability for missing or unavailable Data. You bear the entire risk as to the use, quality and performance of the Software and the Services.

This warranty gives you specific legal rights and you may also have other rights that vary from state to state. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.

6. Termination and Modification. Your right to use the Software will terminate immediately if you violate any of the terms of this Agreement. In addition, PortNexus reserves the right to modify, suspend or terminate the Software or the Services at any time with notice and without liability. On termination of this license, you must return to us or destroy all copies of the Software in your possession or control.

7. Amendment. PortNexus may, in its sole discretion, change or amend this Agreement at any time. Notice of such changes will be posted on the PortNexus website(s). Your continued use of the Software and Services following notice of such changes will be deemed to be your acceptance of any such modification. If you do not agree to any such changes, you must immediately stop using the Software and the Services.

8. Automatic Updates. PortNexus may, from time to time, automatically update or change the Software functionality and/or content. Your continued use of the Software and Services following such update will be deemed to be your acceptance of any such update. If you do not agree to any such update, you must immediately stop using the Software and Services.

9. Limitation of Liability. PortNexus IS NOT LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, NOR FOR DAMAGES (INCLUDING LOST PROFITS, LOSS OF GOODWILL OR DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF LICENSEE HAS WARNED OR BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. PortNexus'S TOTAL LIABILITY FOR ANY COMBINATION OF CLAIMS WILL NOT EXCEED THE AMOUNT THAT PortNexus WAS PAID FOR LICENSEE'S USE OR $100, WHICHEVER IS HIGHER.

This limitation of liability does not apply to liability for death or personal injury to the extent (but only to the extent) that applicable law prohibits such limitation. In addition, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

10. Miscellaneous. Licensee acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms. Licensee may not assign or sublicense this Agreement, in whole or in part, without the prior written consent of PortNexus. This Agreement will be construed and interpreted under the laws of the State of Oregon, excluding (i) any conflict of laws rules and (ii) the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby agree that the exclusive venue for any dispute under this Agreement will be the state and federal courts located in Portland, Oregon, and each party hereby consents to personal jurisdiction in such courts and waives any objections to such venue. If any provision of this Agreement, or portion thereof, is found to be unenforceable, such provision will be enforced to the maximum extent possible and the remainder of this Agreement will continue in full force and effect. This agreement is the entire agreement between Licensee and PortNexus with respect to the Software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and may only be modified by Licensee in a writing signed by both parties.