NOTICE TO USER

This End User License Agreement (the "Agreement") is a legal contract between you, as either an individual or a business entity, and Uptime Software Inc. ("Uptime").

PLEASE READ THIS CONTRACT CAREFULLY BEFORE DOWNLOADING UPTIME'S PROPRIETARY SOFTWARE (the "SOFTWARE") OR OBTAINING A LICENSE KEY TO THE SOFTWARE OR USING THE SOFTWARE. BY CLICKING ON THE "I ACCEPT" BUTTON AND BY DOWNLOADING THE SOFTWARE OR OBTAINING A LICENSE KEY TO THE SOFTWARE YOU REPRESENT AND WARRANT THAT YOU ARE EITHER THE REPRESENTATIVE OF THE COMPANY WITH THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BIND THE COMPANY OR YOU ARE AN INDIVIDUAL OVER THE AGE OF 18 AND THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE UNWILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT YOU SHOULD CLICK THE "I DO NOT ACCEPT" BUTTON BELOW, TERMINATE THE DOWNLOAD PROCESS AND REFRAIN FROM ACCESSING OR USING THE SOFTWARE. THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND UPTIME CONCERNING THE SOFTWARE AND THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, COMMUNICATION, ADVERTISEMENT OR UNDERSTANDING YOU MAY HAVE HAD WITH UPTIME RELATING TO THE SOFTWARE.

 

You shall, in addition to the license fees required under this Agreement, pay all applicable sales, use, transfer or other taxes and all duties, whether national, provincial or local, however, designated, that are levied or imposed by reason of the transaction contemplated under this Agreement exclusing income taxes on the net profits of Uptime. You shall reimburse Uptime for the amount of any such taxes or duties paid or incurred directly by Uptime as a result of this transaction.