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END-USER LICENSE AGREEMENT

This is a legally binding agreement between you (either an individual or an entity), referred to herein as “YOU”, and MASON COMPANY, LLC, referred to herein as “MASONCO”.  All Documents and materials included in Masonco’s website are referred to herein as the “DOCUMENTS”. Opening, downloading or using any portion of the Documents indicates your acceptance of all the terms and conditions of this End-User License Agreement referred to herein as “EULA” and that this agreement is equivalent to a written agreement signed by you. By selecting the box “I AGREE” you are providing your acceptance of the terms of this agreement. This agreement is enforceable against you and any legal entity that obtained the Documents of the website and on whose behalf it is used.

IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSE TO ANY OTHER PARTY, THE DOCUMENTS IN HARD COPY, DIGITAL FORM OR ANY OTHER MEDIUM WHETHER EXISTING OR NOT YET EXISTING, EXCEPT AS SPECIFICALLY PERMITTED BELOW.

The use of the Documents is governed by the terms and conditions set forth herein. Please read them carefully. This EULA is applicable to all of the Documents included in the website

1.  LIMITED LICENSE.  You are granted a limited, non-exclusive license to download and use the Documents for your own or your entity’s use. Only the individual and entity that are party to his EULA, as indicated by the user information provided, will have the license to use the Documents. Use by any other person, company, affiliate, corporation, trust, or other separate legal entity will require a separate license. The license granted herein shall remain in effect perpetually, but shall terminate upon your violation of any term or condition hereof. All protections with which Masonco is provided under this EULA shall survive the termination of your license.

2.  PROPRIETARY RIGHTS.  Masonco retains all title, ownership, and intellectual property rights in the Documents. The Documents are protected by copyright and other intellectual property laws and by international treaties.

3.  CONFIDENTIALITY.  YOU agree not to disclose to any third party any information concerning the customers, trade secrets, methods, processes or procedures or any other confidential, financial or business information of Masonco which you learn during the course of its performance of this EULA. This obligation shall survive the cancellation or other termination of this EULA. The Documents contain trade secrets and proprietary know-how that belong to MASONCO and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE DOCUMENTS OTHER THAN IN STRICT ACCORDANCE WITH THIS EULA, MAY BE ACTIONABLE AS A VIOLATION OF MASONCO’S TRADE SECRET RIGHTS.

4.  NON-TRANSFER OF RIGHTS.  You may not rent, lease, sell, sublicense, assign or transfer your rights in the Documents or authorize any portion of the Documents to be copied onto another individual or legal entity's computer.

5.  ALLOWED USAGE.  Upon obtaining a valid EULA key, you are permitted to do only the following: (a) use the Documents in transactions and agreements in which you are one of the parties, and (b) modify the Documents to fit your own needs and the contractual relationship you are entering.

6.  DISTRIBUTION.  You may not distribute the Documents in any way except as prescribed in Section 5.

7.  RESTRICTIONS.  You may not: (i) modify or create any derivative works of the Documents, including customization, any modifications or enhancements, translation or localization without Masonco’s express written consent; (ii) reverse engineer, decompile, disassemble, make or otherwise attempt to derive the know-how and trade secrets of the Documents.(iii) digitally transmit or make available the Documents through local networks, intranets, extranets, FTP, online discussion boards, forums, list-serve, peer-to-peer networks or technologies, newsgroups, bulletin boards, or any other mode of shared communication system, or place the Documents onto a server so that it is accessible via a public network such as the Internet; (iv) use the Software in any way that violates this EULA or any law; or (v) authorize or assist any third party to do any of the things described in this section.

8.  LIMITATION OF LIABILITY.  Except as required by law, Masonco and its employees, managers and directors, will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages arising out of or in any way relating to this EULA or the use of or inability to use the Documents, including without limitation damages for loss of goodwill, work stoppage, lost profits, loss of data, and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (contract, tort or otherwise) upon which such claim is based.

9.  DISCLAIMER OF WARRANTY.  You accept the Documents “as is” and with all faults (if any).  Masonco makes no warranty or representations whatsoever regarding the suitability of the Documents to meet your specific needs. Masonco makes no warranties with respect to the Documents as described above and as such, there should be no reason for you to bring any grievance against Masonco. However, if you do bring any action, claim, suit, threat or demand against Masonco, and you do not substantially prevail, you shall pay Masonco’s entire attorney fees and costs attached to such action. In the same token, if Masonco is forced to take legal action to enforce this EULA or any of its rights described herein or under any state or federal law, you will pay Masonco’s attorney fees and costs.

10.  VIOLATIONS OF THIS EULA.  Masonco reserves all rights not specifically granted to you above. Masonco will have the right to proceed against you in the event that you infringe against Masonco’s rights. Any use not within the precise scope of the license set forth herein will be considered an infringement. You acknowledge and agree that Masonco’s damages in the event of your violation of this EULA will be substantial and that Masonco will suffer irreparable harm in such event. As such, Masonco shall have the right to obtain equitable remedies, including but not limited to recovery of damages, obtaining injunctions, recovering statutory damages, recovering attorney fees, and any other available legal remedy.

11.  TERMINATION.  Masonco shall have the sole and exclusive right to immediately terminate this EULA and suspend your license to use the Documents should you fail to perform any obligation required under this EULA, engage in activity that Masonco deems harmful to its well-being or if you become bankrupt or insolvent.

12.  WAIVER & SEVERABILITY.  Masonco’s waiver of any breach of this EULA shall not constitute an amendment to this EULA or Masonco’s waiver of subsequent breaches. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of this EULA, which will remain valid and enforceable according to its terms.

13.  GOVERNING LAW.  This EULA shall be governed by and construed under the laws of the State of Ohio. You consent and agree that all legal proceedings relating to the subject matter of this EULA shall be maintained in courts sitting within the State of Ohio, and that jurisdiction and venue for such proceedings shall lie exclusively with such courts.

14.  COMPLETE AGREEMENT.  This is the entire EULA between Masonco and you relating to the Documents and it supersedes any prior representations, discussions, undertakings, warranties, communications or advertising relating to the Documents.

For inquiries please contact:

Mason Company, 260 Depot Street, Leesburg, OH 45135, USA.