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2012 Software License Agreement for BestMBE.com The MBE questions and answers (“Content”) provided in this web site are copyrighted by the National Conference of Bar Examiners. You are permitted to view the Content for your personal and non-commercial use only. You are not permitted to copy, modify, reproduce, disclose or distribute any of the Content in whole or in part. Any unauthorized use of the Content is a violation of the NCBE’s rights and could subject you and others who are involved to criminal and civil penalties. Certain publicly disclosed questions and answers from past MBE examinations have been included herein with the permission of NCBE, the copyright owner. Permission to use the NCBE’s questions does not constitute an endorsement by NCBE or otherwise signify that NCBE has reviewed or approved any aspect of these materials or the company or individuals who distribute these materials. Some of the publicly disclosed MBE questions that have been included herein come from an NCBE publication known as “Multistate Bar Examination Questions 1992.” The NCBE believes that many of these questions may no longer be representative of the MBE’s content. The National Conference of Bar Examiners authorizes One-Timers Bar Review Course to use the following MBE materials, subject to and in accordance with the terms and conditions of the foregoing Non-Exclusive MBE License Agreement: 1. “Multistate Bar Examination Questions 1992” (Copyright 1992, National Conference of Bar Examiners) 2. “Sample MBE” (Copyright 1995, National Conference of Bar Examiners) 3. “Sample MBE II” (Copyright 1997, National Conference of Bar Examiners) 4. “Sample MBE III” (Copyright 2002, National Conference of Bar Examiners) 5. “MBE-OPE 1” (Copyright 2006, National Conference of Bar Examiners) 6. “MBE-OPE 2” (Copyright 2009, National Conference of Bar Examiners) 7. “MBE-OPE 3” (Copyright 2011, National Conference of Bar Examiners) Copyright © 1992-2013 by the National Conference of Bar Examiners. All rights reserved. A. GENERAL TERMS. Thank you for selecting the software offered by Best Multis (“Best Multis,” “we,” “our” or “us”). This software license agreement together with Best Multis’s Privacy Statement provided to you on the website for the Best Multis software you have selected and the Additional Terms and Conditions for the Services (collectively, the “Agreement”) is a legal agreement between you (“you,” “your,” “licensee”), and Best Multis. It gives you certain rights and responsibilities depending on the software license you selected, purchased or subscribed to as more fully described below (collectively, the “Software”). By clicking I AGREE, and/or accessing or using the Software, you indicate that you have read and understood and agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights whatsoever in the Software, and you will not be able to access or use the Software. Your access to or use of the Software may also be subject to your acceptance of separate agreements with Best Multis and / or third parties. This Agreement incorporates by reference applicable program, subscription, activation, ordering and pricing terms provided to you online or offline for the Software selected by you and for other Best Multis products made available to you through this Software, which may be subject to change from time to time. These terms will also govern your continued purchase and use of the Software, including such additional Best Multis internet based products made available to you through the Software you have selected. 1. LICENSE GRANT AND RESTRICTIONS. Subject to the terms and conditions of this Agreement, including the payment of any applicable fees, Best Multis grants you a personal, limited, non-exclusive, non-transferable license, during the initial term and any renewal term or other period of use provided in the activation and ordering terms for the Software, to access and use the Software solely for the purpose described in the Best Multis description for the Software, and, if applicable, solely by such number of authorized users for which the applicable fee has been paid by you. In addition to the Software provided herein, the term Software includes any other programs, tools, components and any updates (for example, documentation, help content, bug fixes, or other information and releases) of the Software that Best Multis provides or makes available to you. Except as expressly allowed herein or by applicable law, you are not licensed or permitted under this Agreement to do any of the following and must not allow any third party to do any of the following: (i) access or attempt to access any other Best Multis systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, license, sublicense, modify or create derivative works based on the Software in whole or in part, resell or distribute in any way the Software; (iii) permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, or other arrangement; (iv) transfer any of the rights granted to you under this Agreement; (v) work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Software, prevent access to or the use of the Software by Best Multis’s other licensees or customers, or impose an unreasonable or disproportionately large load on Best Multis’s infrastructure. 2. BEST MBE SERVICES. You may be made aware of or offered services, features, products, applications, online communities, or promotions provided by Best Multis (“Best Multis Services”). If you decide to use Best Multis Services, you may be subject to additional terms and conditions governing these Best Multis Services and separate fees may apply. You acknowledge that in accessing certain Best Multis Services you may upload or enter certain data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You hereby grant Best Multis permission to use information about your business and usage experience to enable us to provide the Best Multis Services to you, including updating and maintaining your data, addressing errors or service interruptions, and to enhance the types of data and services Best Multis may provide to you in the future. You also grant Best Multis permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally to improve services and to compare business practices with other company standards. We may use your data to create, market or promote new Best Multis offerings to you and others. 3. COMMUNICATION, CONDUCT, CONTENT. The Software may include a feature that allows you to exchange helpful information with other users of the Software and the public. Internet access is required to use these communication facilities. Please respect and interact with other users as you would in any public arena when using such features. You are responsible for exercising your judgment in evaluating and acting on (or ignoring) other users’ communication sessions. Best Multis does not endorse and is not responsible for the accuracy of the content in these facilities, and will not be liable for any damages incurred as a result of the submission, viewing or use of any such content. Users may post hypertext links to content hosted and maintained by third parties. Best Multis has no obligation to monitor these linked sites, and is not responsible for them. Your access to any linked sites is at your own risk. Do not reveal information that you do not want to make public. You also agree to comply with applicable Best Multis discussion board policies made available to you for the Software you have selected. 3.1 Your right to use the Software is personal to you (and your company and its employees, if permitted by Best Multis). You are entirely responsible and liable for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) uploaded, posted or stored by you using the Software. You shall not use the Software for any illegal purpose in violation of any local, state, federal or international law. You must provide all required and appropriate warnings, information and disclosure, comply with all applicable laws and regulations, and take all other required and appropriate actions (collectively, “Information and Actions”) in connection with your use of the Software. If the Software does not provide adequate features for you to provide such Information and Actions, then do not use the Software. 3.2 You agree to defend, indemnify and hold Best Multis, its Suppliers as defined below, its corporate affiliates, officers, directors, employees, subsidiaries and agents, harmless from and against any and all third party claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys fees) resulting from or arising out of a claim that your Content infringes or misappropriates the intellectual property rights, or otherwise violates any other right, of a third party or a claim resulting from or arising out of your breach or alleged breach of this Agreement. 3.3 You agree that you will not use the Software to upload, post, link to, publish, distribute, reproduce or transmit any of the following: (i) Any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, inappropriate or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute an attack or “flaming” other participants, or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or foreign law; or (ii) Any Content or data to impersonate other individuals or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor); or (iii) Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Best Multis) or engage in spamming or flooding; or (iv) Any information or software which contains a virus, trojan horse, worm or other disruptive or harmful component; or is obtained through the Software for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or (v) Any information, software or other material obtained through the Software which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder. 3.4 You agree that Best Multis has the right to monitor the Software and Content from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Software properly, or to protect itself or its users. Best Multis will not intentionally disclose any private email message unless required by law. Best Multis reserves the right to edit, refuse to post, remove or refuse to remove any information or materials, in whole or in part, that, in its sole discretion, is alleged to be unacceptable, undesirable, inappropriate or in violation of this Agreement. 4. TRIAL VERSIONS. If you are registered for a trial use of the Software, in connection with the foregoing license grant, you may use a copy of the trial version of the Software only for the amount of time specified in the Software or in the materials accompanying the Software; and in accordance with the license grant in Section 1, for a single user license. BY YOUR USE OF THE TRIAL VERSION OF THE SOFTWARE YOU UNDERSTAND AND AGREE THAT AFTER THE APPROXIMATE AMOUNT OF TIME SPECIFIED IN THE SOFTWARE OR IN THE MATERIALS ACCOMPANYING THE SOFTWARE, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE SUCH TRIAL SOFTWARE OR ANY DATA YOU HAVE ENTERED INTO SUCH SOFTWARE UNLESS YOU PURCHASE THE APPROPRIATE FULL VERSION OF SUCH SOFTWARE. 5. FEES. If the Software is purchased by you on a payment or subscription basis, as selected by you, the following terms will apply to you. Payments are paid in U.S. dollars and credit cards will be charged in U.S. dollars unless otherwise indicated in additional product ordering and pricing terms provided to you for the Software you have selected. The Software will be deemed accepted by you upon acceptance of this Agreement for trial versions (if applicable) of the Software and upon acceptance of this Agreement and payment of the applicable fees and/or subscription fees for paid for versions of the Software. Access to the Software will begin (i) for trial versions after your acceptance of this Agreement and after Best Multis receives and processes all the information requested in the registration process; and (ii) for paid versions after your acceptance of this Agreement and after Best Multis receives and processes all the information, including the credit card or bank account information requested by the registration or ordering process. You must have a valid credit card or a valid debit card acceptable to Best Multis with an appropriate logo (“Card”) or sufficient funds in a checking or savings account to cover an electronic debit of the fees to obtain access to the Software. The payment information you provide must be accurate, current and complete, and you agree to notify us promptly of any change in the payment information. When you subscribe and provide payment information, your Card or bank account will be debited, and will be automatically re-debited at the beginning of each applicable monthly or one-year subscription term (“Renewal Term”) at the then-current subscription rate to maintain access to the Software. Cancellation and renewal terms may be supplemented by program terms provided to you in writing or on the website for the Software you have selected. 6. RESERVATION OF RIGHTS AND OWNERSHIP. The Software is licensed not sold, and Best Multis reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright, trade secret and other intellectual property laws. Best Multis and its licensors own the title, copyright, and other worldwide intellectual property rights in the Software and all copies of the Software. This Agreement does not grant you any rights to trademarks or service marks of Best Multis. This Agreement does not limit any rights that Best Multis may have under trade secret, copyright, patent or other laws. 7. REGISTRATION. Your registration information to use the Software must be (i) accurate, current and complete as prompted in the sign-up process, and (ii) maintain and promptly update such data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Best Multis has reasonable grounds to suspect is inaccurate, not current or incomplete, Best Multis may, in its sole discretion, suspend or terminate your account and refuse any and all current or future access to and use of the Software (or any portion thereof). 8. PRIVACY For details about Best Multis’s privacy policies, please refer to the Best Multis Privacy Statement on the Best Multis website relating to the Software product you selected. You agree to be bound by the applicable Best Multis privacy policy, as it may be amended from time to time in accordance with its terms. Most importantly, you agree: • To Best Multis maintaining your data according to the Best Multis Privacy Statement, as part of the Software. • To give Best Multis permission to aggregate your uploaded, non-personally identifiable account data with that of other users of the Software. By way of example, this means that Best Multis may use that aggregated data to improve products, services, design promotions, or provide ways for you to compare business practices with other users. • Best Multis is a global company and may access or store personal information in multiple countries, including countries outside of the European Union that may be deemed to have inadequate protections. When you agree to these this Agreement, you agree to this practice. 9. FEEDBACK. Best Multis may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its online products and services (Feedback). You agree that Best Multis may, in its sole discretion, use the Feedback you provide to Best Multis in any way, including in future modifications of the Software, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Best Multis a perpetual, worldwide, fully transferable, sub-licensable (through multiple tiers), non-revocable, fully paid-up, royalty free license to use, modify, create derivative works from, distribute, display and otherwise exploit, any information you provide to Best Multis in the Feedback. 10. DISCLAIMER OF WARRANTIES. THE SOFTWARE AND ANY CONTENT ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED “AS-IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEST MBE, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT AND SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE, CONTENT, AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, NON-INTERFERENCE OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS AND SIMILAR LAWS OF ANY JURISDICTION. BEST MBE AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE, THIRD PARTY SERVICES OR ANY ONLINE SERVICES ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. FURTHER, BEST MBE DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SOFTWARE OR CONTINUED ACCESS TO THE TRIAL VERSION OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL VERSION OF THE SOFTWARE AFTER THE TRIAL PERIOD OF TIME IS OVER (IF APPLICABLE). SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. THE SOFTWARE IS DESIGNED TO OPERATE AND PROVIDE INFORMATION WITH THE UNDERSTANDING THAT BEST MBE AND ITS SUPPLIERS ARE NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICE. IF LEGAL ADVICE OR OTHER EXPERT ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. BEST MBE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THIS SOFTWARE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. IT IS YOUR RESPONSIBILITY TO KEEP ABREAST OF CHANGES IN LAWS, REGULATIONS AND ACCOUNTING PRACTICES THAT AFFECT YOU AND YOUR BUSINESS. 11. LIMITATION OF LIABILITY AND DAMAGES. IN NO EVENT WILL BEST MBE BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN THIRD PARTY SERVICES. THE ENTIRE CUMULATIVE LIABILITY OF BEST MBE AN ITS AFFILIATES AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO BEST MBE FOR THE SOFTWARE IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, UNLESS OTHERWISE SEPARATELY AGREED BY BEST MBE IN WRITING. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEST MBE, ITS AFFILIATES AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT MEET BEST MBE’S SYSTEMS REQUIREMENTS OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF BEST MBE, ITS AFFILIATES, ITS SUPPLIERS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BEST MBE AND YOU. BEST MBE WOULD NOT HAVE PROVIDED THIS SOFTWARE WITHOUT SUCH LIMITATIONS. 12. CONSENT TO CONDUCT BUSINESS ELECTRONICALLY (CONSENT). (a) Consent to Electronic Communications. Best Multis may be required by law to send Communications to you that may pertain to the Software, the use of information you may submit to Best Multis, and the Third Party Services you may choose. (b) Consenting to Do Business Electronically. The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Software for as long as you remain a licensee of the Software. (c) Hardware and Software Requirements. In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, Internet browser software that supports 128-bit encryption, and an e-mail address. By selecting the “I AGREE” button, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider. (d) Communications Choices. Please review the Privacy statement provided on the Software website to review your communication choices. 13. AMENDMENT. Please review the Agreement periodically on the Software website provided to you for additional terms and changes. Best Multis has the right to change or add to the terms of this Agreement, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Software, including but not limited to, terms, Internet based services, pricing, technical support options, and other product-related policies, at any time upon notice by any means Best Multis determines in its discretion to be reasonable, including posting information concerning such change on any Best Multis sponsored website. Your continued use of the Software after Best Multis’s publication of any such changes shall constitute your acceptance of this Agreement as modified. 14. TERMINATION Your rights under this Agreement may be terminated or suspended by Best Multis immediately and without notice if you or any of your authorized users fail to comply with any term or condition of this Agreement or you no longer consent to receive Electronic Communications in accordance with Section 12. Upon termination you must immediately cease using the Software. Any termination of this Agreement shall not affect Best Multis’s rights hereunder. If you choose to cancel your access to the Software or any part thereof, you must do so in accordance with the activation and ordering terms for the specific Software product you have selected. 15. THIRD PARTY SERVICES. In connection with your use of the Software, you may be made aware of services, products, offers and promotions provided by third parties, and not by Best Multis (“Third Party Services”). If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions as well as any fees, if any, governing any Third Party Services. You authorize Best Multis to use and disclose your contact information, including name and address, for the purpose of making the Third Party Services you choose available to you. You agree that the third party, and not Best Multis, is responsible for the performance of the Third Party Services. The Software may contain or reference links to websites operated by third parties (“Third Party Websites”). These links are provided as a convenience only. Best Multis is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. Best Multis does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Software is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Best Multis of any data contained in, or any services made available through, any Third Party Website. In no event will Best Multis be responsible for the information contained in such Third Party Website or for Licensees use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies as well as fees that are different from those of Best Multis. Best Multis is not responsible for such provisions, and expressly disclaims any liability for use of such Third Party Services and Third Party Websites. 16. U.S. GOVERNMENT. The Software is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of “commercial computer software” and “commercial computer software documentation.” All U.S. Government End Users acquire the Best Multis Software with only those rights set forth herein. 17. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to the U.S. export controls regulations administered by the U.S. Dept. of Commerce (15 CFR, Chapter VII) and that you will comply with all applicable laws and regulations. You will not export or re-export the Software, or portion thereof, directly or indirectly, in violation the U.S. export administration laws and regulations to any country or end user; or to any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this Software may include technical data subject to such U.S. export regulations. 18. MISCELLANEOUS. This Agreement is the complete agreement between you and Best Multis and sets forth the entire liability of Best Multis, its affiliates and its Suppliers and your exclusive remedy with respect to the Software and its use. Any modification or waiver of the terms herein must be in a writing signed by an authorized representative of Best Multis and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement may not be assigned by you without the prior written approval of Best Multis, but may be assigned without your consent by Best Multis to (a) a parent or direct or indirect subsidiary, (b) in an acquisition of the assets including the Software, in whole or in part, (c) a successor by merger. Any assignment in violation of this Section will be void. This Agreement will be governed by California law, without regard to its conflicts of law principles, and applicable federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Orange County, California or federal court for the Southern District of California. B. ADDITIONAL TERMS AND CONDITIONS FOR THE SOFTWARE, ADD-ON PRODUCTS AND RELATED SERVICES Your use of the Software, Add-On Products and related Services provided by Best Multis are subject to the General Terms above and including these Additional Terms and Conditions which govern your use of the Software, Add-on Products and related Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms above. 1. LICENSE GRANT AND RESTRICTIONS. Best Multis Inc. (“Best Multis”, “us”, “we”, “our”) grants you (“you” and “your” means you or the legal entity identified in the registration process that you are authorized to represent and on whose behalf the Software is licensed) the following rights provided that you comply with all of the terms and conditions of this Agreement. (i) Single User License and Single User Add On Pack Purchasers. You may: (a) install the Software on one computer for access and use by only one specific person; and (b) install the Software on one additional computer (e.g., a laptop that you own and use in your business or a home computer that you own and use in your business), so long as only the same specific person accesses and uses the Software. If you purchased a valid license for the Software and received an Authentic Best Multis CDROM, such CDROM is your backup copy of the Software. If you purchased a valid license and received the Software pre-installed on a new computer or through an electronic download, you may make one backup copy of the Software, but only for the purpose of reinstalling the Software, if needed, on the single computer or additional computer referenced in (a) and (b) above. You are not allowed to make copies of the printed materials accompanying the Software, if any, or print multiple copies of any user documentation. (ii) Multi User License and Multi User Add On Pack Purchasers. You may: (a) install the Software on the number of computers equal to the number of user licenses you purchased; (b) access and use the Software solely by the number of specific persons corresponding to the number of user licenses you purchased, with no substitution of such users (for example, if you purchased a 3 user license pack and you have 10 employees in your company, the original 3 specific persons who were initially provided with access to and use of the Software, are the only persons licensed to use the Software unless you purchase additional licenses; (c) place a copy of your software data files on a network for access by licensed users; (d) install the Software on 1 additional computer above the number of the license(s) you purchased, solely to accompany your software data file, and not for use of the Software by another user; and (e) for each user license you purchased, make one copy of the printed materials accompanying the Software, if any, or print one copy of any online user documentation solely for use by licensed users. Notwithstanding (b) above, you may replace a specific user if such user leaves and must be replaced with a new employee. You are not licensed or permitted under this Agreement to do any of the following: (a) modify, adapt, translate, rent or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis); (b) assign, loan, resell, transfer or distribute the Software, CDROM(s), or related materials or create derivative works based upon the Software or any part thereof; (c) network the Software, except that you may network your company data file as outlined in Section B.1.(ii) above if you have purchased the multi-user license version; and (d) copy the Software in whole or part, except as expressly stated in (i), (ii), or (iii) above, or use trade secret information contained in the Software, to develop software to interface with the Software. You agree not to (and not to permit others to): (i) decompile, disassemble, or otherwise reverse engineer the Software, except as otherwise expressly permitted by applicable law; or (ii) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright notices) of Best Multis or its licensors on or within the Software or any copies of the Software. All license transfers are subject to written approval by Best Multis and may be subject to a transfer fee determined by Best Multis in its sole discretion. If your company is, or substantially all of its assets are, acquired by or merged into another company or sole proprietorship, please contact Best Multis at transferlicense@Best Multis.com regarding transferring your license to the new company. (iii) Unlock License. If you elect to convert from one version of the Software to another (e.g., from the Trial version to the Single User version, from Simple Start to Pro, from Pro to Premier, etc.) using the unlock purchase process within the Software, your use of the new unlocked version of the Software must be in accordance with the terms and conditions of this Agreement. Once you have unlocked such version, you may no longer use the original version of the Software on any computer. (iv) If you purchased a subscription license to the Software, the terms of this Agreement, as supplemented by the terms of the subscription, will govern your use of the Software and provided that the duration of such license will be based on the subscription model you have elected. 2. ADDITIONAL TERMS. C. Registration; Other Restrictions. The Software includes required registration, so you agree that you must register the Software with Best Multis within the amount of time specified by the Software, otherwise you will not be able to continue to use of the Software. You agree to keep your registration information accurate and complete and promptly update your registration data with us as necessary to keep it accurate, current and complete. D. Software Updates and Programs . If and when you connect to the Internet and use the Software, Best Multis may also include updates in the transmission or install programs you may have requested. 3. SATISFACTION GUARANTEED/LIMITED WARRANTY. (i) Satisfaction Guarantee. If you are not satisfied with the Software you must notify Best Multis within 72 hours to properly cancel. Please see plans and pricing and any information listed on the website. 4. TERMINATION. The Best Multis Software is subject to Best Multis’s discontinuation policy and Best Multis reserves the right to discontinue all support for the Best Multis Software, and/or for any features, online or other services or content accessible through the Best Multis Software in accordance with its current discontinuation policy. 5. HEALTH INFORMATION AND PRIVACY. If you intend to use the Software, related services and content in conjunction with the medical or health information of particular individuals, you acknowledge and agree that the Software, related services and content are not “HIPAA-ready” or “HIPAA-compliant” and will not assist with or ensure compliance with HIPAA, and that you are solely responsible for using the Software, related services and content in a manner consistent with all applicable federal and state privacy laws relating to medical or health information. © 2012 Best Multis Inc. All rights reserved. Best Multis Inc. Newport Beach, CA 92663 Date: As of July 2010
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