RELIEFJET ESSENTIALS
END USER LICENSE AGREEMENT
NOTICE TO USER:
THIS IS A CONTRACT. AT THE END, YOU WILL BE ASKED TO ACCEPT THIS AGREEMENT AND CONTINUE TO
INSTALL OR, IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, TO DECLINE THIS AGREEMENT, IN WHICH
CASE YOU WILL NOT BE ABLE TO USE, INSTALL OR OPERATE THE PRODUCT, AS DEFINED BELOW. BY
INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Electronic End User License Agreement (the “Agreement”) is a legal agreement between you (either an
individual or an entity), the licensee, and Relief, LLC (collectively, the “Company”), regarding the software
and service titled ReliefJet Essentials that you about to download, downloaded, or otherwise obtained
through other resources or media such as CD-ROMs, floppy disks, or though a network in object code form
or other related services, including without limitation a) all of the contents of the files, disk(s), CD-ROM(s) or
other media with which this Agreement is provided (the “Software”), and b) all successor upgrades,
revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the
Software, if any, licensed to you by the Company (collectively, the “Updates”) provided that the Updates
shall not include a new subsequent releases of the Software bearing a new first numeral such as 2.0.0 or
3.0.0 (“New Releases”) but include any minor revisions of the Software version indicated by a change in the
decimal numeral, such as 2.0.1 or 3.2.0, and c) related user documentation and explanatory materials or
files provided in written, "online" or electronic form (the “Documentation” and together with the Software
and Updates, the “Product”). You are subject to the terms and conditions of this End User License
Agreement whether you access or obtain the Product directly from the Company, or through any other
source. For purposes hereof, “you” means the individual person installing or using the Product on his or her
own behalf; or, if the Product is being downloaded or installed on behalf of an organization, such as an
employer, “you” means the organization for which the Product is downloaded or installed and it is
represented hereby that such organization has authorized the person accepting this agreement to do so on
its behalf. For purposes hereof the term “organization” ,without limitation, includes any partnership,
limited liability company, corporation, association, joint stock company, trust, joint venture, labor
organization, unincorporated organization, or governmental authority.
By accessing, downloading, storing, loading, installing, executing, displaying, copying the Product into the
memory of a computer or otherwise benefiting from using the functionality of the Product in accordance
with the Documentation (“Operating”), you agree to be bound by the terms of this Agreement. If you do not
agree to the terms and conditions of this Agreement, the Company is unwilling to license the Product to
you. In such event, you may not Operate or use the Product in any way.
BEFORE YOU PUT A CHECKMARK BY THE STATEMENT "I ACCEPT THE TERMS IN THE LICENSE AGREEMENT"
AND CLICK ON THE "NEXT" BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT.
YOUR CLICK OF THE "NEXT" BUTTON IS A SYMBOL OF YOUR SIGNATURE AND BY CLICKING ON THE "NEXT"
BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND
AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY
YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON
AND THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER. This Product will not install on your

computer unless or until you accept the terms of this Agreement.
1.

Proprietary Rights and Non-Disclosure.

1.1.
Ownership Rights. You agree that the Product and the authorship, systems, ideas, methods of
operation, documentation and other information contained in the Product, are proprietary intellectual
properties and/or the valuable trade secrets of the Company or its suppliers and/or licensors and are
protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the
United States, other countries and international treaties. You may use trademarks only insofar as to identify
printed output produced by the Product in accordance with accepted trademark practice, including
identification of trademark owner's name. Such use of any trademark does not give you any rights of
ownership in that trademark. The Company and its suppliers own and retain all right, title, and interest in
and to the Product, including all copyrights, patents, trade secret rights, trademarks, and other intellectual
property rights therein. Your possession, installation or use of the Product does not transfer to you any
title to the intellectual property in the Product, and you will not acquire any rights to the Product except as
expressly set forth in this Agreement. All copies of the Product made hereunder must contain the same
proprietary notices that appear on and in the Product. Except as stated herein, this Agreement does not
grant you any intellectual property rights in the Product.
1.2.
Source Code. You acknowledge that the source code for the Product is proprietary to the
Company or its suppliers and/or licensors and constitutes trade secrets of the Company or its suppliers
and/or licensors. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or
otherwise attempt to discover the source code of the Product in any way.
1.3.
Confidential Information. You agree that, unless otherwise specifically provided herein or agreed
by the Company in writing, the Product, including the specific design and structure of individual programs
and the Product, constitute confidential proprietary information of the Company or its suppliers and/or
licensors. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential
information in any form to any third party without the prior written consent of the Company. You agree to
implement reasonable security measures to protect such confidential information provided however, that
you may make and distribute unlimited copies of the Software in object code only, including copies for
commercial distribution, as long as each copy that you make and distribute contains this Agreement subject
to end user's acceptance before the first use, the Software installer, and the same copyright and other
proprietary notices pertaining to this Software that appear in the Software. If you download the Software
from the Internet or similar on-line source, you must include the copyright notices resident on the Software
with any on-line distribution and on any media you distribute that includes the Software.
1.4.
No Modification. You agree not to modify or alter the Product in any way. You may not remove or
alter any copyright notices or other proprietary notices on any copies of the Product.
2.

Grant of License.

2.1.
License. The Company grants you the non-exclusive and non-transferable license to store, load,
install, execute, and display the specified version of the Software on a number of computers, workstations,
personal digital assistants, 'smart phones', mobile phones, hand-held devices, or other electronic devices for
which the software was designed (each a “Client Device”) explicitly defined by the license type. The

Company reserves all rights not expressly granted herein.
2.2.
Updates. During the Term of this Agreement, you may download Updates to the Product when
and as the Company publishes them in its website or through other online services. Notwithstanding any
provision to the contrary herein, nothing is this Agreement shall be construed as to grant you any rights or
licenses with regard to the New Releases of the Product or to entitle you to any New Release. This
Agreement does not obligate the Company to provide any Updates. Notwithstanding the foregoing, any
Updates that you may receive become part of the Product and the terms of this Agreement apply to them
(unless this Agreement is superceded by a further Agreement accompanying such Update or modified
version of to the Product).
2.3.
Term and Termination. The term of this Agreement (“Term”) shall begin when you download or
install the Product (whichever is earlier) and shall continue, unless otherwise terminated pursuant hereto, in
perpetuity or for the term specified in the license granted hereunder. The Company may terminate this
Agreement by offering you a superseding Agreement for the Product or any replacement or modified
version of or upgrade or New Release of the Product and conditioning your continued use of the Product or
such replacement, modified or upgraded version or New Release on your acceptance of such superseding
Agreement. This Agreement may be also terminated by the Company immediately and without notice if you
fail to comply with any of your obligation or conditions of this Agreement. Without prejudice to any other
rights, this Agreement will terminate automatically if you fail to comply with any of the limitations or other
requirements described herein. Upon any termination or expiration of this Agreement, you must
immediately cease use of the Product and destroy all copies of the Product.
2.4.
No Rights Upon Termination. Upon termination of this Agreement you will no longer be
authorized to Operate or use the Product in any way.
3.

Restrictions.

3.1.
No Transfer of Rights. You may not rent, lease, loan the Product. You may not reverse engineer,
decompile, disassemble or otherwise reduce any party of the Product to human readable form nor permit
any third party to do so, except to the extent the foregoing restriction is expressly prohibited by applicable
law. Notwithstanding the foregoing sentence, decompiling the Software is permitted to the extent the laws
of your jurisdiction give you the right to do so to obtain information necessary to render the Software
interoperable with other software; provided, however, that you must first request such information from
the Company and the Company may, in its discretion, either provide such information to you (subject to
confidentiality terms) or impose reasonable conditions, including a reasonable fee, on such use of the
Software to ensure that the Company's and its suppliers and/or licensors proprietary rights in the Software
are protected. You may not modify, or create derivative works based upon the Product in whole or in
part.
3.2.
Proprietary Notices and Copies. You may not remove any proprietary notices or labels on the
Product. You may not copy the Product except as expressly permitted in Section 2 above.
3.3.
No Transfer. Except as otherwise specifically provided herein, you may not transfer or assign any
of the rights granted to you under this Agreement.

4.

NO WARRANTY AND DISCLAIMER.

4.1.
No Express Warranty. The Software is being delivered to you "AS IS" and the Company makes no
warranty as to its use or performance.
4.2.
NO IMPLIED OR OTHER WARRANTIES.
EXCEPT FOR ANY WARRANTY, CONDITION,
REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR
LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE PRODUCT IS PROVIDED "AS-IS" WITHOUT
ANY WARRANTY WHATSOEVER AND THE COMPANY MAKES NO PROMISES, REPRESENTATIONS OR
WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE
OR OTHERWISE, REGARDING OR RELATING TO THE PRODUCT OR CONTENT THEREIN OR TO ANY OTHER
MATERIAL FURNISHED OR PROVIDED TO YOU PURSUANT TO THIS AGREEMENT OR OTHERWISE. YOU
ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED
RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. THE
COMPANY MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR FREE OR FREE FROM INTERRUPTION
OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY
PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT AND THE ACCOMPANYING WRITTEN MATERIALS
OR THE USE THEREOF. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PRODUCT MAY
NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION
PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF
THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO
VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS AND
OMISSIONS OF THIRD PARTIES. THEREFORE, THE COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR
IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR
PERFORMANCE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY
COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY THE COMPANY TO
TRANSMIT ACCURATE OR COMPLETE INFORMATION TO YOU.
4.3.
LIMITED LIABILITY; NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST
OF ANY DAMAGE RESULTING FROM YOUR USE OF THE PRODUCT AND THE INFORMATION CONTAINED IN
OR COMPILED BY THE PRODUCT, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY
OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY THE COMPANY OR A THIRD PARTY. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS
OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF
GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR
COSTS, TIME VALUE OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE
PRODUCT, OR THE INCOMPATIBILITY OF THE PRODUCT WITH ANY HARDWARE SOFTWARE OR USAGE, EVEN
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION, WHETHER IN
CONTRACT, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THIS LIMITATION

OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
5.

U.S. and Russian Federation Government-Restricted Rights.

5.1.
Notice to U.S. Government End Users. The Product and accompanying Documentation are
deemed to be "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial
Computer Software" and "Commercial Computer Software Documentation", respectively, as such terms are
used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48
C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only
as Commercial Items and (b) with only those rights, including any use, modification, reproduction, release,
performance, display or disclosure of the Product and accompanying Documentation, as are granted to all
other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the
copyright laws of the United States.
5.2.
Export Restrictions. You acknowledge and agree that the Product may be subject to restrictions
and controls imposed by the Export Administration Act and the Export Administration Regulations of the
United States (the "Acts"). You agree and certify that neither the Product nor any direct product thereof is
being or will be used for any purpose prohibited by the Acts. You may not Operate, download, export, or
re-export the Product (a) into, or to a national or resident of, any country to which the United States has
embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By Operating the Product, you are
representing and warranting that you are not located in, under the control of, or a national or resident of
any such country or on any such list. You acknowledge that it is your sole responsibility to comply with any
and all government export and other applicable laws and that the Company has no further responsibility for
such after the initial license to you. You warrant and represent that neither the U.S. Commerce Department,
Bureau of Export Administration nor any other U.S. federal agency has suspended, revoked or denied your
export privileges.
5.3.
Notice to Russian Users. If you are a person or entity of Russian Federation or if you are
otherwise subject to Russian laws and regulations you acknowledge and agree to be bound by Federal Law
No. 149-FZ, dated 27 July 2006, “On Information, Information Technologies and Information Protection”,
Federal Law No. 152-FZ, dated 27 July 2006, “On Personal Data” and other similar regulations, including
international acts.
You guarantee that the Product shall not be used for unauthorized access to computerized and other types
of information, including confidential information and other restricted data. You shall immediately advise
Company of all such events that are known to you.
6.

Miscellaneous.

6.1.
Governing Law; Jurisdiction and Venue. This Agreement shall be governed by and construed and
enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law

rules and principles. To the extent permitted by law, the provisions of this Agreement shall supersede any
provisions of the Uniform Commercial Code as adopted or made applicable to the Products in any
competent jurisdiction. This Agreement shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is expressly disclaimed and excluded.
The federal and state courts within the Commonwealth of Virginia shall have exclusive jurisdiction to
adjudicate any dispute arising out of this Agreement. You agree that this Agreement is to be performed in
Commonwealth of Virginia and that any action, dispute, controversy, or claim that may be instituted based
on this Agreement, or arising out of or related to this Agreement or any alleged breach thereof, shall be
prosecuted exclusively in the federal or state courts in the Commonwealth of Virginia, and you, to the
extent permitted by applicable law, hereby waive the right to change venue to any other state, county,
district or jurisdiction; provided, however, that the Company as claimant shall be entitled to initiate
proceedings in any court of competent jurisdiction.
6.2.
Period for Bringing Actions. No action, regardless of form, arising out of the transactions under
this Agreement, may be brought by either party hereto more than one (1) year after the cause of action has
occurred, or was discovered to have occurred, except that an action for infringement of intellectual
property rights may be brought within the maximum applicable statutory period.
6.3.
Entire Agreement; Severability; No Waiver. This Agreement is the entire agreement between you
and Company and supersedes any other prior agreements, proposals, communications or advertising, oral
or written, with respect to the Product or to subject matter of this Agreement provided that the Company
and you may limit, modify or changes the applicability of the terms of this Agreement by a prior,
contemporaneous or subsequent written agreement by referencing this Section of the Agreement and
expressly providing for such limitation, modification or changes. You acknowledge that you have read this
Agreement, understand it and agree to be bound by its terms. If any provision of this Agreement is found by
a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, in whole or in part,
such provision will be more narrowly construed so that it becomes legal and enforceable, and the entire
Agreement will not fail on account thereof and the balance of the Agreement will continue in full force and
effect to the fullest extent permitted by law. No waiver of any breach of any provisions of this Agreement
will constitute a waiver of any prior, concurrent or subsequent breach and no waiver will be effective unless
made in writing.
6.4.
Contact Information. If you have any questions concerning this Agreement, or if you desire to
contact the Company for any reason, visit Company website: http://www.ReliefJet.com.
Copyright © Relief, LLC and its licensors.

All rights reserved.

