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End user license, terms of use and subscriber agreement

1. Grant of license.

   Upon indicating Your acceptance to the terms and conditions of this EULA, You are granted a unlimited, non-transferable, non-exclusive, and temporary right that cannot be sublicensed to access one or more Applications. You may access and use an Application so long as all of the following conditions are satisfied:

   1. You fully comply with the terms of this EULA/Subscriber Agreement
   2. You agree to the terms of our Privacy Policy.

2. Limitations and restrictions on end user activities.

   1. You will not access or use the Applications outside the scope of this EULA.
   2. You will not facilitate the ability of third parties to access the Applications or allow third parties to access the Applications by logging in as You.
   3. Your use of the Applications will be limited exclusively to activities performed for Your internal business purposes.
   4. You may not rent, lease, lend or provide commercial Internet hosting services with the Applications.
   5. You will not attempt to introduce malicious code to the Applications or to any Web site owned and operated by eCREsystems, LLC, including the www.Sibdu.com website (the "Website").
   6. You will not attempt to use the Applications or the Website in any manner that can damage, disable, overburden, or impair the Applications or the Website, or that interferes with any other party's use and enjoyment of them.
   7. You may not attempt to gain unauthorized access to any Application or the Website.
   8. You will not attempt to reverse engineer, copy, distribute, decompile, or disassemble any Application.

3. Reservation of rights and ownership.

   Licensor reserves all rights not expressly granted to You in this EULA. The Applications and the Website are protected by copyright and other intellectual property laws and treaties. Licensor or its suppliers own the title, copyright, and other intellectual property rights in the Software, Applications and Website. Access to the Applications is licensed, not sold. This EULA does not grant You any rights to trademarks or service marks of Licensor. You are prohibited from using any such trademarks or service marks in your own advertising, marketing and/or promotional efforts.

4. Termination.

   Without prejudice to any other rights, Licensor may terminate this EULA and Your access to the Applications if any of the conditions in Sections 1, 2 and/or 3 are not satisfied. In such event, You must immediately cease use of the Applications. Licensor may terminate this EULA and Your ability to access the Applications for any reason or for no reason at all, at the sole discretion of Licensor.

5. Modifications and removal of the applications.

   Licensor reserves the rights to add, remove, and modify the Applications without notice to Member.

6. Links to third party sites.

   Licensor is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Licensor is providing these links and access to third-party sites and services to You only as a convenience, and the inclusion of any link or access does not imply an endorsement by Licensor of the third-party site or service.

7. Disclaimer of all warranties.

   Your use of and access to the Applications is provided on an "AS IS" basis. All warranties, including the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement are hereby disclaimed. Member acknowledges that Member would not be provided access to the Applications without this allocation of risk and that this provision was material to the decision of Licensor to allow Member to access the Applications.

8. Legal compliance and export restrictions.

   You agree to comply with all applicable international and national laws that apply to using and accessing the Applications, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. You acknowledge that the Applications are subject to U.S. export jurisdiction.

9. Exclusion of damages.

   In no event shall licensor be liable for any punitive, special, incidental, indirect, direct, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the applications or otherwise under or in connection with any provision of this eula, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of licensor and even if licensor or any supplier has been advised of the possibility of such damages.

   Member acknowledges that Member would not be provided access to the Applications without this concession and that this provision was material to the decision of Licensor to allow Member to access the Applications.

10. Exclusive remedy.

    Your exclusive remedy with respect to the Applications and to the Website is the stop using the Applications and the Website. Member acknowledges that Member would not be provided access to the Applications without this concession and that this provision was material to the decision of Licensor to allow Member to access the Applications.

11. Liability limitation.

    The liability of Licensor to End User is capped at the amount of monies paid by Member to Licensee (e.g. $0.00) for the rights provided pursuant to the EULA. Member acknowledges that Member would not be provided access to the Applications without this concession and that this provision was material to the decision of Licensor to allow Member to access the Applications.

12. Applicable law and exclusive jurisdiction.

    The substantive laws of the Commonwealth of Virginia shall exclusively govern any dispute arising from this EULA. The state and federal courts located in the Commonwealth of Virginia shall have exclusive jurisdiction over any dispute arising from this EULA.

13. Indemnification.

    You agree to defend, indemnify and hold harmless Licensor and any of its directors, officers, agents and employees from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of or related to (i) any breach by You of any term or condition of this EULA or (ii) any use of the Applications by You. If any such action shall be brought against any indemnified party, they shall notify You in writing and You shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses. Any indemnified party shall have the right to employ separate counsel in any such action and participate in the defense, at their own cost unless otherwise agreed to by You.

14. Registration as A member.

    In order to access the Website, its Services and Applications, You must register with Licensor by completing the applicable registration form. If You do not register, You will not be able to access the Applications. By registering, You agree to comply with the terms and conditions of Your registration form as well as this EULA.

    1. Eligibility. Registration as Member is limited to persons who are eligible to enter into contracts under applicable law and to persons working on behalf a Licensee who has entered into a binding EULA/Subscriber Agreement. If You do not meet these requirements, You cannot become a Member. Licensor reserves the right to suspend user privileges and block access of any registered End User who violates this EULA.
    2. User ID and Password. When You register as a Member, You will be asked to create Your own unique User ID and Password which You will need in order to access the Applications. You agree that the User ID is only for Your personal use, and You will not permit anyone else to use Your User ID. You may not transfer Your User ID to anyone else.
    3. Complete and Accurate Information. You represent and warrant to Licensor that the information contained in the registration form is complete and accurate. It is Your responsibility to keep registration information current.

15. Entire agreement; severability.

    This EULA, in conjunction with Privacy Policy for the Website, are the entire agreement between You and Licensor relating to the Applications. They supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Applications, Website, or any other subject matter covered by this EULA.

16. Data mining.

    You acknowledge that Licensor may capture non-personally identifiable data entered into an Application by You ("Scrubbed Data") for the business purposes of Licensor. You further acknowledge that Licensor is free to capture, use, analyze, and sell Scrubbed Data to third parties.

17. Right to monitor.

    Licensor reserves the right but has no obligation to monitor Your usage of the Applications for the purposes of confirming Your compliance with this EULA and for confirming the compliance of Your sponsoring Licensee with the applicable Subscription Agreement.