END-USER/DIGITAL CONTENT LICENSE AGREEMENT

LICENSE AGREEMENT: This is a legal agreement between you, the end user (either an individual or a single entity), and ComCity LLC, a Limited Liability Company (LLC) operating in the State of Texas, USA and herein referred to either as ComCity LLC or ComCity.

BY INSTALLING, COPYING, OR OTHERWISE USING THIS COMCITY SOFTWARE PRODUCT AND SERVICE WHICH INCLUDES COMPUTER SOFTWARE AND ASSOCIATED MEDIA, PRINTED MATERIALS, AND ALL "ONLINE" AND ELECTRONIC DOCUMENTATION ("SOFTWARE PRODUCT"), OR ANY OTHER COMPONENTS EITHER OPERATING ON THE END USERS CLIENT COMPUTER OR ON A SERVER COMPUTER, YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT CONSENT TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN FOR REFUND THIS SOFTWARE PRODUCT TO THE VENDOR FROM WHOM YOU OBTAINED IT.

1. GRANT: ComCity LLC ("ComCity" or "Licensor") grants you ("Licensee" or "you") a non-transferable, non-exclusive license to use a copy of the ONLINE DIGITAL CONTENT, or software products (hereafter collectively referred to as "Software") according to the terms below.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- This Software License Agreement ("License") permits you to use a copy of the software acquired with this license ("Software") on any computer for any single website domain or Uniform Resource Location (URL), provided the Software is in use on only one one domain or URL at any time. The Software is deemed "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or accessed online by a Web or Internet Browser or when the software is in use on any website domain or URL. If you have more than one License for the Software, then at any time you may have as many copies of the Software in use on only as many URL'S as you have Licenses. The software is subject to this agreement, however it may be freely installed on any of your computers.

. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
. Rental. You may not sell, rent, or lease the SOFTWARE PRODUCT.
. Support Services. ComCity may provide technical or customer support at its own discretion as an additional service ONLY on purchased copies of this SOFTWARE PRODUCT. Technical support can only be optionally purchased as the time of purchase of the SOFTWARE PRODUCT. Purchasing additional support does in no one extend or apply additional warranties of merchantiability or fitness for a particular purpose.  Payment of monthly fees to use the software does not in itself imply included technical support.
. No Other Uses. You may not use the SOFTWARE PRODUCT in any way other than as expressly permitted under this License.
. Software Transfer. You may not rent, transfer or grant any rights in the Software, or any portion thereof, in any form to any person without the prior written consent of Licensor which, if given, is subject to the conferee's consent to the terms and conditions of this license.    You may not assign to any other your license nor grant them permission to install software on other computers outside of your control.  Notices. You may not remove any proprietary notices, labels or marks on the Software.  For the purposes of this provision, ComCity may provide online capabilities to transfer the license to new domains or new users and upon that use, you so agree, as agent and proxy, to be held liable for the provisions of this license until such time that any new use or user agrees to the terms.
. Monthly Fees.  During the use of this SOFTWARE PRODUCT, you may be responsible to make monthly rental fees for its use and failing to pay these fees or failing to pay these fees on time are grounds for the revocation of the license and the discontinuation of service without further warning or notice.
. Termination. Without prejudice to any other rights, ComCity may terminate this License if you fail to comply with the terms and conditions at its sole descretion.  In such event, you must immediately destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

3. COPYRIGHT. The on-line help and manual are Copyright (c) 1995-2014 by ComCity(R) LLC.  The Software is Copyright (c) 1995-2014 by ComCity LLC.

This is a license and not a sale of the software. The Software is owned by ComCity or its suppliers and is protected by United States copyright laws, international treaty provisions, and all other applicable national laws. Therefore, you must treat the Software like any other copyrighted material, except that you may either (a) make one copy of the Software Client component solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.

All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, Client JAVASCRIPT code, animations, video, audio, music, text, and HTML incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by ComCity or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed materials, accompanying the SOFTWARE PRODUCT.

4. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is ComCity; PO Box 1183; Round Rock TX 78681.

LICENSE KEY/USERNAME/PASSWORD: A License Key , username, or password may have been supplied to you to support or enable your use of the Software.  The License Key, username and password are confidential information of ComCity, and you may not disclose it to any other person or entity.

CESSATION: In the event that COMCITY notifies you that certain components of the Software or Digital Content may no longer be used (for whatever reason), then such components cannot be used in part or whole including as a part of a web site design or template layout, nor can they be used in any other larger work. If you receive such notification, you agree to cease using and destroy all copies of those components of the Digital Content identified by COMCITY in your possession or control.

NO WARRANTY:
COMCITY PROVIDES ITS SALESCART SERVICES "AS IS" AND DOES NOT WARRANT THE OPERATION OF ITS OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE. YOU BEAR THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SERVICE SHOULD THE SERVICE PROVE DEFECTIVE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A COMCITY AUTHORIZED REPRESENTATIVE SHALL CREATE OR CONSTITUTE A WARRANTY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMCITY MAKES NO WARRANTY, EXPRESSED OR IMPLIED WITH REGARD TO OUR SERVICES OR ANY OTHER MATTER, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIED WARRANTIES AGAINST CONDITIONS OF INFRINGEMENT, WITH RESPECT TO THE SOFTWARE.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

LIMITATION OF LIABILITY AND DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL COMCITY, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF SALESCART AND ITS OFFERINGS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INTANGIBLE, INCIDENTAL, CONSEQUENTIAL, COVER OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, LOSS OF DATA, LOSS OF PROFITS, LOSS OF ASSIGNMENTS, DATA OR OUTPUT FROM THE SERVICE BEING RENDERED INACCURATE, FAILURE OF THE SALESCART SERVICE TO OPERATE WITH OR WITHOUT ANY OTHER PROGRAMS, SERVER DOWN TIME, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF COMCITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, THE ENTIRE LIABILITY OF COMCITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ONE MONTHS USE OF THE SOFTWARE, OR TO $500, WHICHEVER IS THE LESSER AS JUDICIALLY DETERMINED CONTRARY TO THE GENERAL LIABILITY DISCLAIMER.

INDEMINIFICATION: YOU SHALL INDEMNIFY AND HOLD HARMLESS COMCITY, OUR LICENSORS, PROVIDERS, SUPPLIERS OR AFFILIATES AGAINST ANY LOSSES, EXPENSES, COSTS OR DAMAGES INCURRED BY ANY OR ALL OF THEM AS A RESULT OF YOUR BREACH OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, OR FROM THE ORDINARY NORMAL USE OR UNAUTHORIZED USE OF THE SOFTWARE/DIGITAL CONTENT. YOU ALSO AGREE TO INDEMINIFY COMCITY FROM ANY THIRD PARTY CLAIMS THAT ARISE FROM YOUR MODIFICATION OF THE SOFTWARE AND FOR ANY MATERIAL YOU UPLOADED OR PUT TO USE IN THE SOFTWARE THAT: i)IS AN INFRINGEMENT OF ANY US PATENT, COPYRIGHT, TRADEMARK LAWS OR AN INFRINGEMENT OF ANY TRADE SECRETS, NON-DISCLOSURE RIGHTS, OR ANY OTHER INTELLECTURAL PROPERTY RIGHTS PERMITTED UNDER US LAW; (ii) IS IN ANY WAY A VIOLATION OR INFRINGEMENT UPON ANY PARTY'S PRIVACY RIGHT, RIGHT OF PUBLICITY, OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY; iii) CONTAINS ANY MATERIAL WHICH IS UNLAWFUL, HARMFUL, ABUSIVE, HATEFUL, OBSCENE, THREATENING, LIBELOUS OR DEFAMATORY. COMCITY SHALL RETAIN THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL OFF OF ITS SOFTWARE OR WEBSITES THAT IT BELIEVES IS IN VIOLATION OF THE FORGOING AND THIS PROVISION SHALL NOT BE CONSTRUED TO BE A LIMITATION OF THAT RIGHT. IN SUCH A CASE WHERE ACTION IS BROUGHT AGAINST COMCITY BY ANY PARTY IN RELATION TO SUCH AN INFRINGEMENT, YOU AGREE TO PROVIDE LEGAL DEFENSE TO THE SATISFACTION OF COMCITY IN DEFENSE OF ANY AND ALL CLAIMS UNDER THIS PROVISION. THIS PROVISION SHALL NOT BE INTERPRETED TO MEAN THAT COMCITY RELINQUISHES ITS RIGHT TO RETAIN AND PROVIDE ITS OWN LEGAL COUNSEL AT ITS OWN EXPENSE. IF YOU SETTLE AN INFRINGEMENT CLAIM, YOU AGREE NOT TO BIND COMCITY IN SUCH SETTLEMENT AS RELATED TO YOUR INDEMINIFICATION WITHOUT THE PRIOR WRITTEN CONSENT OF COMCITY. THE PARTIES DISCLAIM THE IMPLIED WARRANTY OF NON-INFRINGEMENT, RELYING INSTEAD ON THESE TERMS. ANY ADDITIONAL LIMITATIONS OF LIABILITY OR DISCLAIMERS OF ANY ASSOCIATED PRODUCTS OR SERVICE PROVIDED BY THIRD PARTY PROVIDERS, SUPPLIERS, OR AFFLIATES SHALL NOT BE CONSTRUED TO OVERRIDE THIS PROVISION AND SHALL BE INTERPRETED INDIVIDUALLY FOR THEIR DISTINCTIVE PRODUCTS AND SERVICES.

TERMINATION: This software or versions of this software may be billed out in distinct terms of 30 days or longer service,  and, in such a case, you agree that your credit card or bank account will be automatically deducted on this term basis for use of this software and other services for the whole term until you submit by US Mail or facsimile (FAX) within 7 days of the first of the month a notice of cancellation of service.  Use of this software is also subject to all policies as specified by ComCity at the hyperlink http://www.salescart.com/polices/ and these policies and other Terms and Conditions are by reference a condition and part of this license agreement to which you agree to follow.

Unauthorized copying or use of the Software, or any portion thereof, or failure to comply with the above restrictions will result in automatic termination of this license and will make available to Licensor other legal remedies.

Upon termination Licensee will destroy or return to Licensor the Software and any copies.

Jurisdiction and Interpretation:  If any disputes arise, or if litigation is required, to enforce any part of this contract, you agree that such disputes will be resolved in accordance with the laws of the state of Texas and the venue of resolution is deemed as the county of Williamson in the state of Texas, USA.  If any provision or term of this agreement or license is found to be unenforceable or illegal, the legality and enforceability of the remaining provisions of this agreement shall remain in full force and shall be interpreted simply as the removal of the offending portion of the agreement.

Use, duplication or disclosure by the U.S. Government is subject to restrictions stated in paragraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013.

Binding Aribitration: Arbitration is more informal and typically less costly than court in that discovery is limited and it doesn't require a judge or a jury. You and ComCity agree that any dispute, claim or controversy arising out of or relating in any way to this agreement or with respect to any ComCity product or service, including our website, or our SalesCart software shall be solely resolved by binding arbitration in Round Rock Texas, in Williamson county instead of a court of general or competent jurisdiction. The costs of binding arbitration shall be shared equally among both parties. In the event of such a controversy or claim arising out of or relating to this agreement, or a breach thereof, the parties hereto, shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy shall be administered by the American Arbitration Association under its Commercial Aribitration Rules using one arbitrator. Arbitration shall be to the relief of only you or ComCity as a single party.  You and ComCity both agree that either shall only bring action against one another in the capacity of an Individual, or company, and not as any member of any class action or as a class member with multiple parties. Unless agreement is reached prior to arbitration, arbitration shall not proceed with the consolidation of more than one claim with your claim and should this provision or this clause be found to be illegal, than this entire Arbitration clause shall be deemed unenforceable, null, and void.