Columbus Fair Auto Auction 4700 Groveport Road Columbus, Ohio 43207 www.cfaa.com Select the desired run list and download below. IMPORTANT: THIS LICENSE AGREEMENT CONTROLS YOUR RIGHTS TO USE THE ATTACHED SOFTWARE PRODUCT AND ACCOMPANYING MATERIALS. IF YOU ARE UNWILLING TO COMPLY WITH THE TERMS OF THIS LICENSE AGREEMENT, EXIT THIS PAGE. e-vita® SUBSCRIBER LICENSE AGREEMENT This License Agreement ("Agreement") is made and entered into between GigglePop.com, Inc. ("GPI") and the individual or entity end-user ("You" or "Your" or "Your Business") who purchased the E-VITA® and/or EVAL-PAL® software, the product(s) embodying the licensed software and data subject to this License Agreement. YOUR WILLINGNESS TO BE BOUND BY THIS LICENSE AGREEMENT WILL BE SIGNIFIED BY YOUR SIGNATURE BELOW OR BY DOWNLOADING THE SOFTWARE AND DATA TO YOUR PERSONAL DIGITAL ASSISTANT OR BY MAINTAINING THE ATTACHED INFORMATION, so read the terms of this Agreement carefully. The E-VITA® and EVAL-PAL® computer program(s) and/or data file and the accompanying documentation (collectively, "Software") ARE LICENSED, NOT SOLD, to You for use only under the following terms. GPI reserves all rights not expressly granted to You. GPI retains all ownership of all copies of the Software. You assume sole responsibility for the installation, use and results obtained from Your use of the Software. 1. LICENSE. GPI grants to You a fully-paid, non-exclusive, non-transferable, non-sublicensable License to use the copy of the Software according to the terms of this License Agreement*. Termination of this License for any reason shall not terminate the other terms of this Agreement. This License is personal to You. You shall not attempt to assign Your License or this Agreement without GPI's prior written consent. This License authorizes you to do the following: (a) Install the Software on one (1) Personal Digital Assistant handheld computing device controlled by You or Your Business ("Your PDA"); and (b) Use the Software only on Your PDA and only to organize and evaluate auto auction or guidebook data as part of Your regular business of preparing to bid and bidding on auto auction vehicles and/or to display data to other parties directly associated with Your regular business as part of Your regular business of preparing to bid and bidding on auto auction vehicles; and (c) Although You may receive payments for goods and services other than this Software provided to Your customers, You will not use the Software as a basis to receive payments of any kind for auto auction or guidebook data being displayed; and (d) Make and retain one (and only one) copy in machine-readable form solely for backup or archival purposes for Your PDA. The Software is protected by patent pending and copyright law. The archived copy, as well as any other copy made for any other reason, must bear the copyright legend placed on the original by GPI*. 2. TITLE. Title, ownership rights, patent rights, and intellectual property rights in and to the Software shall remain in GPI and/or its suppliers. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. You shall have and retain title to any data You input or collate through the use of this Software. 3. NO WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. GPI SHALL NOT BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE. DUE TO THE MANY FACTORS OUTSIDE OF GPI'S CONTROL AFFECTING THE RELIABILITY OF DOWNLOAD AUCTION DATA, GPI CANNOT GUARANTEE OR WARRANTY THE RELIABILITY OF THE DOWNLOAD AUCTION DATA, DESPITE GPI'S CONSISTENT EFFORTS TO OBTAIN, MAINTAIN AND DELIVER RELIABLE DATA. 4. LIABILITY. GPI OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (A) INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, EVEN IF GPI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. 5. OTHER CONDITIONS. GPI may from time to time impose additional terms and condition upon this License as necessary to meet GPI's obligations to its suppliers. 6. TERMINATION. You may terminate this License (but not this License Agreement) at any time by destroying or erasing Your copy of the Software and so advising GPI. GPI may terminate this License upon written notice to You in response to any breach to this Agreement by You. Upon termination of this License for any reason, You agree to destroy or erase the Software. In the event of termination, this Agreement will survive. This License shall be governed by and construed in accordance with the laws of the United States and, as appropriate, by the laws of the State of Illinois. Any claims brought under this Agreement shall be brought only in the courts serving Champaign County, Illinois. 7. EXPORT LAWS. You may not download or otherwise export or reexport the Software of any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. 8. CONFIDENTIALITY. You acknowledge that the Software in source code form remains a confidential trade secret of GPI and/or its suppliers and therefore You agree not to modify the Software or attempt to decipher, decompile, disassemble, replicate, reproduce or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction. You agree not to deliver or otherwise make the Software available to anyone other than You or the authorized employees of Your Business and only for the normal end-uses of the Software. You agree to use Your best efforts to safeguard the Software and to ensure that no unauthorized person gains access to the Software and that no unauthorized copy, publication or decompilation is made of the Software. This License sets forth the entire agreement between You and GigglePop.com, Inc. * If GPI provided this Software to You on a trial basis, the terms of the trial as stated by GPI will supersede this License Agreement until such time as You reach agreement with GPI to convert your trial license into a standard subscriber license. Section 1.(c) is not applicable to a trial license; therefore, a trial basis license does not entitle you to make or retain a back-up or archival copy. License Form GPI-040804 - Copyright © 2004 GigglePop.com, Inc. All rights reserved. Columbus Fair