POSitively Business for Business! Accounting Software Version 3 LICENSE AGREEMENT This is a legal agreement between you (either an individual or an entity), and Database Creations, Inc. If you do not agree to the terms of this agreement, promptly return the CD or disk package and accompanying items (including written materials and books or other containers) to the place you obtained them for a full refund subject to the terms of our return policy printed on your invoice or accompanying documents. SOFTWARE is defined as POSitively Business Version 3 for Microsoft Office. 1. GRANT OF LICENSE. SINGLE REGISTER LICENSE - If purchased, this Single Register Software License Agreement ("License") permits you to use one copy of the single register version of the Database Creations, Inc. product identified above ("SOFTWARE") on any single computer, provided the SOFTWARE is in use on only one computer at any time. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer. You shall not install the single register version on a network server nor shall it be accessible by more than one user at a time. Both the program and data files must reside on one computer. THREE REGISTER AND MULTI REGISTER LICENSES - If purchased, this Three Register and Multi Register Software License Agreement ("License") permits you to use one copy of the server data files on a single network server and an unlimited number of program files on individual workstations connected to the server by cable, wire, or other direct means of the Database Creations, Inc. product identified above ("SOFTWARE"). A network does not consist of computers connected to the Internet or World Wide Web but a single entity within a site or physical location not to exceed 50 miles. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer. Both the program and data files must reside on the physical Local Area Network. DEVELOPER LICENSE - This Software License Agreement ("License") permits you upon payment of the POSitively Business Developer license fee to Database Creations, Inc. and upon receiving a grant of license, you may install and use the developer copy of the software at your one location only. For each Client License you purchase, you may install both the accounting program and data files at one client location. You are responsible for providing all technical support to your clients. The intent of this license is that you can solicit customers in your local and regional area and offer installation, customization services, training, and support for POSitively Business. You must purchase a license for each client. You can install the product including open source code as long as you inform your customer that they have NO rights to resell or offer the software for sale. You must customize the software and add substantial vertical market functions or feature sets specific to an industry or company. You may not advertise POSitively Business or versions of POSitively Business that you have customized as your own product through any national advertising which may compete with Database Creations, Inc. efforts including, websites, generic computer industry publications, and Accounting publications including but not limited to Access/Office/VB Advisor, Inside Access, Smart Access Journal, CPA Software News, Accounting Technology, or Office Pro magazines. You may not place substantially unmodified versions of POSitively Business for sale on any web site which advertises the product as a generic fully customizable accounting system for Microsoft Access and Office users. We have a Reseller/VAR programs for this. Anything construed as direct competition is prohibited. Your license fee gives you the right to customize and sell our software, but not to profit from our years of development or marketing. We will vigorously pursue any infractions to the full extent of the law. You may rename our product and remove references to our product name as long as we are notified in writing and approve such a change. You must include the following in a splash screen and code module: "Portions copyright Database Creations, Inc." 2. COPYRIGHT. The SOFTWARE is owned by Database Creations, Inc. or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. a book or musical recording) except that you may either (a) make a copy of the SOFTWARE 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. You may not copy the written materials accompanying the SOFTWARE unless you have purchased these rights separately. 3. OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer your rights under this Software License Agreement on a permanent basis provided you transfer the SOFTWARE, and all accompanying written materials and retain no rights. You must notify Database Creations, Inc. as to the transfer of the license. In addition, you must provide Database Creations, Inc. with a written letter stating you have transfered the license and no longer have any copies of the software in your possession. Database Creations, Inc. will have no obligation to support the assignee. Any transfer of the SOFTWARE must include the most recent update and all prior versions. 4. LIMITED WARRANTY. Database Creations, Inc. warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of (30) days from the date of receipt; and (b) any documentation accompanying the software will be free from defects in materials and workmanship under normal use and service for a period of 30 days from the date of receipt. Any implied warranties on the SOFTWARE and documentation are limited to 30 days. Some States do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. 5. CUSTOMER REMEDIES. Database Creations, Inc.'s entire liability and your exclusive remedy shall be, at Database Creations, Inc.'s option, either (a) return of the purchase price paid or (b) replacement of the software or documentation that does not meet Database Creations, Inc.'s Limited Warranty and that it is returned to Database Creations, Inc. with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or documentation has resulted from accident, abuse, loss or theft of materials or misapplication including customization. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or (30) days, whichever is longer. 6. NO OTHER WARRANTIES. Database Creations, Inc. disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, the accompanying written materials and any accompanying hardware. This limited warranty gives you specific legal rights. 7. NO LIABILITIES FOR CONSEQUENTIAL DAMAGES. In no event shall Database Creations, Inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other loss) arising out of the use of or inability to use this Database Creations, Inc. product, even if Database Creations, Inc. has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. This agreement is governed by the laws of the State of Connecticut. For more information about Database Creations, Inc.'s licensing policies, please call Database Creations, Inc. Customer Support at (860) 644-5891, or write: Database Creations, Inc. Customer Support 475 Buckland Rd. South Windsor, CT 06074 USA or email us at support@databasecreations.com.