Smarty PCTV 1.0.2

EULA - End User License Agreement

The Corporate Services Group.
**********************************************************************************************
SMARTY-PCTV SOFTWARE LICENSE AGREEMENT AND TERMS OF BUSINESS
**********************************************************************************************

IMPORTANT:
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION PROCESS OF THE SOFTWARE (THE SOFTWARE). BY INSTALLING THIS SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN DO NOT INSTALL IT!

*************
1. License:
*************
If you have purchased a license to the Software, or have received a trial version, The Corporate Services Group (CSG) grants you a non-exclusive right and license to use the Software and the related documentation (the Documentation) as set forth in this Agreement. You may install the Software on a single server. You may also access the Software using any computer so long as only one copy is used at a time.

You may make a single copy of the Software for backup and archival purposes only provided that any copy must contain all proprietary notices included in the original. You may use the Documentation to assist in your use of the Software. If you download the Software without physical delivery of Documentation, you may review the Documentation online, but you may not make further copies of the Documentation. You own the media on which the Software is installed, but not the Software itself or any copy of it. This license is not a sale of the original or any copy of the Software.

If you have obtained an evaluation copy of the Software, and have not purchased a licenseto the Software, The Corporate Services Group grants you a non-exclusive license to use the Software free of charge for the purpose of evaluating whether you wish to purchase an ongoing license for the Software.

PLEASE NOTE:
The Corporate Services Group disclaims all liability and responsibility for any loss of data or other information which may occur as a result of using evaluation or licenced versions of the software.

*************************
2. Term of Agreement:
*************************
If you have purchased a license to the Software, this Agreement and license are effective from the time you download the Software.You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately and without further notice if you fail to comply with any provision of this Agreement. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive termination of this Agreement for any reason. Upon termination, you agree to destroy all copies of the Software. If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, this Agreement and license is also effective from the time you download the Software.

******************************
3. License to Use Content:
******************************
All graphics, artwork, icons, media and other files contained in the Software, including without limitation Sample Sites, Templates, Sample Content and Extras (collectively, the Content), are copyrighted material owned by The Corporate Services Group or its licensors.

***************************************************
4. Copying, Transferring or Modifying Software:
***************************************************
The Software contains copyrighted material, trade secrets and other proprietary intellectual property. You may not permit other individuals to install the Software except under the terms listed above. You may not rent, lease, distribute or lend the Software, and you may not sell to others the right to install the Software on any computer. You may not remove any proprietary notices or labels on the Software. You may not copy, transfer, transmit, sublicense or assign this license or the Software except as expressly permitted in this Agreement. You agree that the terms of this paragraph apply to the Software or any portion thereof, whether owned by The Corporate Services Group or The Corporate Services Group's licensors.

***********************
5. Limited Warranty:
***********************
If you have purchased a license to the Software, and if the Software is delivered using a computer storage media such as a CD ROM or diskette, The Corporate Services Group warrants that the media on which the Software is furnished will be free from defects in materials and workmanship under normal use for ninety (90) days from the date you received the Software.

This warranty is limited to you and is not transferable. This warranty does not cover damage caused by improper use or neglect. The Corporate Services Group's entire liability and your exclusive remedy shall be, at The Corporate Services Group' option:
(i) to replace the defective media;
(ii) to advise you how to achieve substantially the same functionality with the Software as described in
the Documentation through a procedure different from that set forth in the Documentation; or
(iii) to refund the license fee you paid for the Software. If you have obtained an evaluation copy of
the Software, and have not purchased a license to the Software, The Corporate Services Group makes no
warranties of any kind with respect to the media (if any) on which the Software is furnished, and such
media is provided as is and without warranties of any kind.

****************************
6. Warranty Disclaimers:
****************************
THE SOFTWARE, THE DOCUMENTATION AND (EXCEPT AS PROVIDED IN SECTION 5) THE MEDIA UPON WHICH THE SOFTWARE IS RECORDED (IF ANY) ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE DOCUMENTATION IS WITH YOU. SHOULD THE SOFTWARE OR THE DOCUMENTATION PROVE DEFECTIVE, YOU (AND NOT THE CORPORATE SERVICES GROUP OR ITS DISTRIBUTORS, LICENSORS OR DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

THE CORPORATE SERVICES Group DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY THE CORPORATE SERVICES GROUP OR BY A REPRESENTATIVE OF THE CORPORATE SERVICES GROUP SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY.

THE CORPORATE SERVICES GROUP DOES NOT WARRANT THE SOFTWARE AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT THE SOFTWARE DOES NOT INCLUDE ANY VIRUS, SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNATED TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.

Notwithstanding the above, you may have certain warranty rights which vary from location to location and
which cannot be disclaimed by contract. Any warranties that by law survive the foregoing disclaimers shall
terminate ninety (90) days from the date you received the Software as shown by your receipt. Some geographic regions do not allow limitations on how long an implied warranty lasts, so the foregoing limitation may not apply to you if prohibited by law.

**************************
7. Limitation of Liability:
**************************
YOUR SOLE REMEDIES AND THE CORPORATE SERVICES GROUP'S ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL THE CORPORATE SERVICES GROUP OR ITS DISTRIBUTORS OR DEALERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL THE CORPORATE SERVICES GROUP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF RELIEF, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You agree that The Corporate Services Group and its distributors and dealers will not be liable for defense or indemnity with respect to any claim against you by any third party arising from your possession or use of the Software or the Documentation.

**************************
8. Refunds:
**************************
Our software products come with a 30 day money back guarantee which is valid from the date of purchase. This guarantee covers the software only. Any additional work carried out on behalf of the client will be chargeable to the client and is not refundable.
*************************
9. High Risk Activities:
*************************
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as online
control equipment in hazardous environments requiring fail-safe performance, such as in the operation of aircraft navigation, air traffic control, nuclear facilities, communication systems, direct life support machines, or
weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe
physical or environmental damage. The Corporate Services Group and its suppliers specifically disclaim any
express or implied warranty of fitness for any high risk uses listed above.

****************************************
10. Governing Law and Interpretation:
****************************************
This Agreement shall be interpreted under and governed by the laws of Ireland. If any provision of this Agreement is held illegal or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this Agreement shall remain in effect, and the invalid provision deemed modified to the least degree necessary to remedy such invalidity.

*************************
11. Guarantee:
*************************
The software carries an unconditional 30 day money back guarantee. After 30 days this guarantee is null and void and will you will not be eligible for any refund whatsoever (whole or partial). Furthermore, by purchasing the software you also agree that you will not be eligible for any charge back that you initiate.

*************************
12. Entire Agreement:
*************************
This Agreement is the complete agreement between The Corporate Services Group and you, and supersedes all prior agreements, oral or written, with respect to the subject matter hereof.

If you have any questions concerning this Agreement, you may write to The Corporate Services Group as follows: Software Department, The Corporate Services Group, 44 Northumberland Road, Ballsbridge, Dublin 4, Ireland.

www.SmartyPCTV.com