Feng Shui Expert Source Code License Agreement
from MARK SHACKELFORD (c) 2005

SOURCE CODE LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY: This Source Code License Agreement ("SCLA") is a legal agreement between you (either an individual or a single entity) and MARK SHACKELFORD for the Feng Shui Expert software source code, which includes computer software and associated electronic media, printed materials, and "online" or electronic documentation ("Product"). 

YOU AGREE TO BE BOUND BY THE TERMS OF THIS SCLA BY SIGNING AND RETURNING A COPY OF THIS AGREEMENT.

1. GRANT OF LICENSE. 
MARK SHACKELFORD grants you the following non-exclusive rights provided that you comply with all terms and conditions of this SCLA: 

2. INSTALLATION AND USE. 
You may install, use, access, display and run any number of copies of the original Source Code on computers within your own organisation. 

3. REDEVELOPMENT AND DISTRIBUTION.
a) You may use the supplied source code to develop a new version of the program in any one non-English language. Multiple languages require multiple licenses.
b) You may make unlimited numbers of copies of the developed non-English version, which can be packaged with any design of your choosing.
b) You may sell or lease these copies through your own sales channel, or through Third Parties.
c) You may sell each copy for the price of your choosing.
d) You may not resell the Source Code in any form (original or altered) to any other party.
e) Email support (restricted to source code queries only) is provided free for 60 days from the contract start date. Subsequent to that date email support will be provided at a charge of $100 US dollars per email. 

4. RESERVATION OF RIGHTS. 
MARK SHACKELFORD reserves all rights not expressly granted to you in this SCLA. 

5. TERMINATION. 
Without prejudice to any other rights, Mark Shackelford may cancel this SCLA if you do not abide by the terms and conditions of this SCLA, in which case you must destroy all copies of the Product and all of its component parts. 

6. CONSENT TO USE OF DATA. 
You agree that MARK SHACKELFORD may collect and use technical information you provide as a part of support services related to the Product. MARK SHACKELFORD agrees not to use this information in a form that personally identifies you. 

7. LIMITED WARRANTY FOR SOFTWARE PRODUCTS
MARK SHACKELFORD warrants that the unchanged Source Code as supplied will perform substantially in accordance with the accompanying materials for a period of ninety days from the date of receipt. There is NO WARRANTY provided or implied on the copies of the redeveloped PRODUCT that you sell or lease through your ORGANISATION. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED (IN THE ORIGINAL SOURCE CODE) DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD OR FOUND AT ANY TIME IN THE REDEVELOPED NON-ENGLISH VERSION, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. 

8. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. 
Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by MARK SHACKELFORD, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet MARK SHACKELFORD's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 11 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. 

9. YOUR EXCLUSIVE REMEDY. 
MARK SHACKELFORD's entire liability and your exclusive remedy shall be, at MARK SHACKELFORD's option from time to time exercised subject to applicable law, return of the price paid by the ORGANISATION for the Source Code, if that does not meet this Limited Warranty and that is returned to MARK SHACKELFORD with a copy of your receipt. 
This REMEDY does NOT apply to any copies of the redeveloped PRODUCT that have been sold or leased to Third Parties. This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use or a virus, or from any differences in the compiler or operating systems used. 

10. DISCLAIMER OF WARRANTIES. 
The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, MARK SHACKELFORD provides the Source Code AS IS AND WITH ALL FAULTS, and hereby disclaims all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.

11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARK SHACKELFORD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOURCE CODE, THE SALE OR HIRE OF THE REDEVELOPED PRODUCT TO THIRD PARTIES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SCLA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MARK SHACKELFORD, AND EVEN IF MARK SHACKELFORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

12. 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, and any damages resulting from sales of the redeveloped product to Third Parties), the entire liability of MARK SHACKELFORD under any provision of this SCLA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by MARK SHACKELFORD with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Source Code or U.S.$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 8, 9, 10 and 11 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. 

13. ENTIRE AGREEMENT. 
This SCLA (including any addendum or amendment to this SCLA which is included with the Product) are the entire agreement between you and MARK SHACKELFORD relating to the Product and they supersede all prior or contemporaneous oral or written  communications, proposals and representations with respect to the Product or any other subject matter covered by this SCLA. 

14. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS (IPR).
The Source Code is protected by copyright and other intellectual property laws and treaties. MARK SHACKELFORD owns the title, copyright, and other intellectual property rights in the Product. The Source Code is licensed, not sold.

Please Sign and Return 1 Copy of this Licence Agreement to:

MARK SHACKELFORD
2, THE PRIORY
WINNERSH
WOKINGHAM
BERKSHIRE
RG41 5DE
UK

I, the undersigned, agree to all the Terms, Conditions and Limitations of the attached Source Code Licence Agreement, and agree to pay MARK SHACKELFORD the sum of USD 10,000 (ten thousand US dollars) for the rights to redevelop, market and distribute ONE non-English version of the Feng Shui Expert software program.


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Feng Shui Expert (c) Feng Shui for Modern Living 1999-2003