This is a legal agreement ("Agreement") between you (either an individual or an entity) and Michael Ruddick ("Macrocrafter.com") (Macrocrafter.com may be referred to as "we" or "us").  LICENSED POSSESSION OR USE OF THIS PRODUCT (AS DEFINED BELOW) IS BY PURCHASE DIRECTLY FROM MACROCRAFTER.COM ONLY.  IF YOU DID NOT PURCHASE THIS SOFTWARE DIRECTLY FROM MACROCRAFTER.COM, THEN NOTWITHSTANDING ANYTHING TO THE CONTRARY, INCLUDING ANY ACCEPTANCE OF THE TERMS OF THIS AGREEMENT, THIS AGREEMENT DOES NOT APPLY TO YOU AND YOU ARE NOT AND WILL NOT BE LICENSED TO INSTALL OR USE THIS PRODUCT.

IF YOU HAVE PURCHASED THIS PRODUCT DIRECTLY FROM MACROCRAFTER.COM, BY INSTALLING, COPYING OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE, INSTALL, COPY, OR USE THIS PRODUCT.

MACROCRAFTER.COM LICENSE AGREEMENT FOR VANCRAFT

VanCraft

Accompanying this Agreement is a copy of the Macrocrafter.com software product VanCraft, which includes computer software (the "Software") and may include associated media, printed materials, and "online" or electronic documentation (collectively the Software and other materials are the "Product" or "VanCraft").  This Product is protected by copyright laws and authorized possession and use of this Product is by purchase directly from Macrocrafter.com only.  The Product is licensed solely to you as the intended and original recipient of the Product.  The Product is licensed, not sold.

1.  GRANT OF LICENSES.  This Agreement grants you the following licenses ("Licenses") provided that you comply with all terms and conditions of this Agreement:

    (a) For each license purchased, Macrocrafter.com grants to you a limited, terminable, non-exclusive, non-transferable, royalty-free license to install and use one copy of the executable code of the Product on a single personal computer residing at your premises.

    (b) For each license purchased, Macrocrafter.com grants to you a limited, terminable, non-exclusive, non-transferable, royalty-free license to access the Macrocrafter.com website and login server (the "Website") from a single personal computer residing at your premises.

2.  INTELLECTUAL PROPERTY RIGHTS:

    (a) All rights, title and interest, including all copyrights, in and to Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Product), any accompanying printed materials, and any copies of all or any portion of the Product, are owned by Macrocrafter.com or their respective copyright holders.  If we provide you documentation only in electronic form, you may print one copy of such electronic documentation for your use only.  You may not copy or distribute any printed materials accompanying the Product.  You shall not rent, lease, sell, sublicense, assign, or otherwise transfer any portion of the Product.  You may not reverse engineer, decompile or disassemble any portion of the Product, except and only to the extent that this limitation is expressly prohibited by applicable law notwithstanding this limitation.  All rights not expressly granted to you through this Agreement are reserved by Macrocrafter.com.

3.  LICENSE RESTRICTIONS:

    (a) To possess or use the Product or have access the Website, you must have (i) the Software; (ii) a computer (not provided by Macrocrafter.com) meeting the system requirements for the software, which may be modified from time to time; and (iii) a suitable connection to the Internet (not provided by Macrocrafter.com) to connect to the Website.  You are responsible for all charges and costs you incur in order to access the Website.

    (b) Macrocrafter.com reserves the right to, with no prior notice or stated reason, manipulate the Product or the Website in any way we see fit, such as but not limited to feature additions, bug fixes, changes to the user authentication system, etc.  We reserve the right to ban accounts and/or Licenses and/or your access to the Product and/or the Website for any reason or no reason.

4.  YOUR OBLIGATIONS:

    (a) As part of your access to the Website, you may post messages (to include but not limited to forum posts, help desk support requests, etc.) which allow you to communicate with others (collectively, your "Content").  By providing any Content, you agree your Content shall not: (i) infringe any copyright, trademark, patent, trade secret, or other proprietary right of any party; (ii) be profane, obscene, indecent or violate any law or regulation; (iii) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (iv) incite discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes; (v) contain any viruses, Trojan horses, worms, or any other similar software or programs that may damage the operation of another's computer or property of another, or unduly burden the operation of the Product or the Website; or (vi) restrict or inhibit any other user from using and accessing the Product or the Website.  We have no obligation to monitor customer Content related to the Product or the Website.  However, we reserve the right to review your Content and take any action we deem necessary as to such Content, including but not limited to editing or removing your Content and/or suspending or terminating Licenses and your access to the Product and the Website based on your violation of the Content rules specified here.

    (b) You are encouraged to provide reasonable feedback regarding the Product to Macrocrafter.com, including but not limited to usability, bug reports and test results (collectively "Feedback").  You will not give Macrocrafter.com Feedback which is subject to license terms that seek to require any use of any Feedback to be licensed to or otherwise shared with any third party.  Macrocrafter.com provides no assurance that any specific errors or discrepancies in the Product will be corrected.

    (c) It is expressly agreed that all rights, title and interest, including all copyrights, to all Content and Feedback are owned by Macrocrafter.com. You hereby assign and convey to Macrocrafter.com any rights and interests in and to any Content and Feedback you create or provide during the term of this Agreement.  To the extent that such assignment is held to be invalid or unenforceable, you hereby grant to Macrocrafter.com a perpetual, exclusive, transferable, royalty-free license to use any Content and Feedback. Further, in the event that such assignment is held to be invalid or unenforceable you hereby give us the right, without any compensation or credit to you, to use descriptions of your Content and Feedback on the Website or advertising avenues of our choosing.

    (d) You agree that Macrocrafter.com may communicate with you via the email address you provide when you create your account regarding any subject related to the Product or the Website.  In order to but not limited to provide you with patches and updates to the Software, you agree that we may upload necessary system information from your computer, and to download the patches and updates onto your computer if necessary.  If you request any technical support from us, and we need to look at the contents of your computer to help you, you agree to allow such access to your computer.

    (e) You agree that during your use of the Product and the Website, we may gather non-personal, non-identifying information from your computer hardware (including but not limited to IP address(es), MAC address(es), software serial numbers, etc.) in order to enforce these Licenses and track your usage of the Product and the Website in an effort to prevent unauthorized use of your account.

5.  PRIVACY.  You should have no expectation of privacy regarding any actions you take or any interactions you have while using the Product or the Website.  Notwithstanding anything to the contrary, we reserve the right to disclose any personal information about you or your use of the Product and the Website, including any Content, without your prior permission for any reason, including but not limited to: (i) conform to legal requirements or comply with legal process or any governmental request; (ii) protect and defend the rights or property of Macrocrafter.com; (iii) enforce this Agreement; or (iv) act to protect the interests of other VanCraft users or others.  Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Product or the Website, or information provided to or gathered by us with respect to such use.

6.  TERM AND TERMINATION OF AGREEMENT.

    (a) Term.  The term of this Agreement shall commence on the date the Agreement is accepted by you (the date the Software was purchased by you) and shall continue until terminated by Macrocrafter.com at any time, with or without cause.  Upon the termination of the Licenses granted hereunder for any reason, you shall promptly return to Macrocrafter.com, or certify destruction of, all full or partial copies of the Product provided by Macrocrafter.com.  The following Sections shall survive termination or expiration of this Agreement:  2, 4(b), 4(c), 4(d), 4(e), 5, 6(b), 7-14.

    (b) Termination.  Macrocrafter.com reserves the right to terminate the Licenses and thereby your rights to use the Product and your access to the Website at any time, without notice, without cause or for any reason whatsoever, including but not limited to violations of this Agreement.

7.  PRODUCT MAINTENANCE/UPDATES.  Macrocrafter.com is not obligated to provide maintenance, technical support or updates to you for the Product or Website.  However, Macrocrafter.com may, in its sole discretion, provide further versions, technical support, updates and/or supplements of the Product and/or related information ("Updates") to you hereunder, in which case such Updates shall also be deemed to be included in the "Product" and the "Software," and therefore governed by this Agreement, unless other terms of use are provided by Macrocrafter.com with such Updates.  In no event shall Macrocrafter.com be obligated to provide Updates for or add features and/or functionality to the Product or the Website.

8.  DISCLAIMER OF WARRANTIES.  THE PRODUCT CONTAINS SOFTWARE THAT MAY BE CHANGED SUBSTANTIALLY OVER TIME.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MACROCRAFTER.COM PROVIDES THE PRODUCT AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE PRODUCT ("SUPPORT SERVICES") "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM WITH RESPECT TO THE PRODUCT AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE.  ALSO, THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT.  THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND ANY SUPPORT SERVICES, REMAINS WITH YOU.  MACROCRAFTER.COM DOES NOT WARRANT THAT ACCESS TO OR USE OF VANCRAFT OR THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT YOU WILL BE ABLE TO ACCESS VANCRAFT OR THE WEBSITE AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE SOFTWARE OR WEBSITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.

9.  EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MACROCRAFTER.COM BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT OR SUPPORT SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MACROCRAFTER.COM, AND EVEN IF MACROCRAFTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MACROCRAFTER.COM UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT OR FIVE DOLLARS (US $5.00).  THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 8 AND 9 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

11. GOVERNING LAW/JURISDICTION/ATTORNEYS FEES.  This Agreement shall be construed and controlled by the laws of the State of Washington, and you consent to exclusive jurisdiction and venue in the federal courts sitting in King County, Washington, unless no federal jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the Superior Court of King County, Washington.  You waive all defenses of lack of personal jurisdiction and forum non conveniens.  Process may be served on either party in the manner authorized by applicable law or court rule.  If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and other expenses.

12. U.S. GOVERNMENT RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the rights and restrictions described elsewhere herein.  All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

13. EXPORT RESTRICTIONS.  You acknowledge that Product is of U.S. origin.  You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

14. ENTIRE AGREEMENT.  This Agreement constitutes the complete and exclusive agreement between Macrocrafter.com and you with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. Macrocrafter.com may amend this Agreement at any time in their sole discretion.  Amendments shall be communicated to you when you download and install the Software, and you will be required to accept such amendments to continue use of the Product.  Failure to accept such amendments will automatically terminate the Licenses and will prohibit you from further use of the Product and the Website.  Macrocrafter.com is under no circumstances obligated to issue a refund for the Product, Software, or Website in the event that you fail to accept any future revisions of this Agreement.