DYNAMIC URLS SOFTWARE FROM ALEVELA DOT COM August 15, 2008 LICENSE TERMS AND CONDITIONS This End User License Agreement (the "Agreement") is a binding legal agreement between you and ALEVELA SOFTWARE (the "Author"). By installing or using DYNAMIC URLS (collectively, the "Software"), you agree to be bound by the terms of this Agreement. If you do not agree to the Agreement, do not download, install, or use the Software. Installation or use of the Software signifies that you have read, understood, and agreed to be bound by the Agreement. The Author reserves the right to alter this agreement at any time, for any reason, without notice. Usage This Agreement grants a non-exclusive, non-transferable license to install and use the Software on a single Website, i.e.: *.YourDOMAIN.com. Subdomains are allowed, as long as they are subdomains configured for the same company, and not as a subscription service that would compete with us. Refer to RESTRICTIONS, below. Additional Software licenses must be purchased in order to install and use the Software on additional Websites, unless otherwise expressly permitted and evidenced in writing by the Author. The Author reserves the right to determine whether use of the Software qualifies under this Agreement. The Author owns all rights, title and interest to the Software (including all intellectual property rights) and reserves all rights to the Software that are not expressly granted in this Agreement. Backups You may make copies of the Software in any machine readable form solely for back-up purposes, provided that you reproduce the Software in its original form and with all proprietary notices on the back-up copy. All rights to the Software not expressly granted herein are reserved by the Author. Restrictions You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights. You may not: * Use the Software to provide services to others; such as the basis of a hosted Personalized URL service, or any other services which is a direct competition against The Author; * Distribute derivative works based on the Software; * Reproduce the Software except as described in this Agreement; * Sell, assign, license, disclose, distribute, or otherwise transfer or make available the Software or its Source Code, in whole or in part, in any form to any third parties; * Remove or alter any proprietary notices on the Software; * Use the Software in any site which endorse unlawful manner or for any unlawful purpose (such as Pornography & Adult Content site, Gambling Transactions or Sports Gambling Prognostication, etc). * Use the software to "Scrape" content from other websites, thereby giving the impression that you are a representative or an agent of a company * USe the software for "PHISHING" or otherwise fraudulent acts * Do anything with the software that might be suspicious, fraudulent, malevolent, or inappropriate or otherwise something that might contravene the laws in your region, or the laws of any other area that the use or the reach of the software's campaigns. * Bottom line: If you have to ASK the question whether or not you are breaking any laws... assume you ARE going to break the law, and DO NOT use the software until you have consulted with a lawyer about the intended purpose of the application of the software. We hereby disclaim anything that may arise from the use of the software. We are not responsible for anything that may result from it's use - whether intentional or accidental or otherwise. You are advised to consult with appropriate legal counsel, government bodies, and people you may or intend to represent through and with the use of this software to gain their explicit permission. Support Backup your files before installing this software. We are not responsible for any data loss or data corruption or transfer of viruses or trojans that may result from the use of this software. If you are uncertain as to the quality or validity of the file, you should have it scanned with an appropriate virus checking application prior to installation. If you purchased a support contract, The Author will respond to your requests for technical support during the term of your support contract. To reach customer support services, please contact ALEVELA Software by e-mail at Admin(AT)ALEVELA(DOT)com. A valid Customer ID is required for support. We generally respond to e-mails within one business day. Support contracts run from year to year. You may purchase a support contract only for a full one-year term. Support contracts can be purchased in blocks of time, and are valid for one full year, but cannot be transferred and are non-refundable. (i.e.: 15 minutes of support is valid for one year until you redeem them). We reserve the right to increase the price of our support contracts from year to year. You acknowledge that the Software is inherently complex, that not all errors will be identifiable or be corrected and that the time it might take to correct errors may not be commercially reasonable. The Author provides support on a "best efforts" basis only and does not represent or warrant that it will be able to resolve every technical support request. THE SOFTWARE IS OFFERED ON AN "AS-IS" BASIS AND NO WARRANTY, EITHER EXPRESSED OR IMPLIED, IS GIVEN. THE AUTHOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE. Term, Termination, and Modification. You may use the Software under this Agreement until either party terminates this Agreement as set forth in this paragraph. Either party may terminate the Agreement at any time, upon written notice to the other party. Upon termination, all licenses granted to you will terminate, and you will immediately uninstall and cease all use of the Software. The Sections entitled "No Warranty," "Indemnification," and "Limitation of Liability" will survive any termination of this Agreement. The Author may modify the Software with notice to you either in email or by publishing content on the Software website, including but not limited to changing the functionality or appearance of the Software, and such modification will become binding on you unless you terminate this Agreement. The Software source code may be altered (at your own risk). However, modifying your source code may void the technical support portion of your support contract Indemnification. By accepting the Agreement, you agree to indemnify and otherwise hold harmless the Author, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE AUTHOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE AUTHORS' TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO THE AUTHOR UNDER THIS AGREEMENT IN THE MOST RECENT NINETY-DAY PERIOD, AND ANY OBLIGATION FOR REIMBURSEMENT WILL BE PRORATED OVER THIS PERIOD ACCORDING TO THE FOLLOWING SCHEDULE: 1-5 DAYS: 100%, 6-30 DAYS: 75%, 31-60 DAYS: 50%, 61-90 DAYS: 25%, 91+ DAYS: 0% REFUND POLICY WE DO NOT OFFER REFUNDS. ALL SOFTWARE IS OFFERED WITH A PRELIMINARY FREE TRIAL AND FOR EVALUATION. YOUR PURCHASE OF THE SOFTWARE IS DEEMED FINAL, AND CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND ALEVELA SOFTWARE. ADDITIONALLY, THE USER GUIDE IS SUPPLIED FOR REVIEW AND OFFERS A COMPLETE OVERVIEW OF THE FEATURES AND FUNCTIONALITY OF THE 'FULL' VERSION. THE MODULAR NATURE OF THE SOFTWARE IS SUCH THAT ANY INCOMPATIBILITIES WOULD BE REVEALED DURING THE TRIAL PERIOD. HOWEVER, IF THIS SOFTWARE WAS PURCHASED THROUGH AN AFFILIATE, THEN THE AFFILIATE'S REFUND POLICY SUPERCEDES THIS POLICY. Definitions Definition of Website A "Website" is defined as a single domain including sub-domains that operate as a single entity. What constitutes a single entity shall be at the sole discretion of the Author. Definition of Source Code The "Source Code" is defined as the contents of all HTML, CSS, JavaScript, and PHP files provided with the Software and includes all related image files and database schemas. Definition of LITE Version: The version of DYNAMIC URLS software that provides all the basic functionality, without the "PRO", "UNLIMITED", "EMAIL" and "REPORTING" modules. Definition of FULL Version: The version of DYNAMIC URLS software that comes with the "PRO", "UNLIMITED", "EMAIL" and "REPORTING" modules. FURTHER INFORMATION For further Information about DYNAMIC URLS licensing policies or products, contact ALEVELA SOFTWARE at: E-mail: Admin(AT)ALEVELA(DOT)com Web: http://www.ALEVELA.com Web: http://www.Dynamic-URLS.com Mailing Address: ALEVELA Software P.O. Box 41546 - London Place 923 12th Street New Westminster, BC V3M 1K0 Canada Located in the PACIFIC TIME ZONE