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Service Agreement (EULA)

This End-User License Agreement ("EULA") pertains to all products (called the "Software" in this Agreement) downloaded, used or obtained in other ways and containing associated media, printed materials and electronic documentation. Read the terms and conditions of this EULA before installing, copying, or otherwise using Interactive Ideas, Inc. products, including but not limited to Captaloans™. Captaloans™ is a service and registered trademark of Captasoft&trade, a software development company wholly owned by Interactive Ideas, Inc. This EULA is a legal agreement between you (an End User or End Users) and Interactive Ideas, Inc., a California corporation ("Interactive Ideas"). By clicking "I agree", installing, copying, or otherwise using any part of the Software, any associated media, any printed materials, or any "online" or electronic documentation, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, please discontinue use of the Software and the Interactive Ideas, Inc. family of websites.

1. GRANT OF NON-EXCLUSIVE, LIMITED LICENSE The Software is licensed, not sold nor given away freely. Any rights not clearly and expressly granted to you under this EULA are reserved to Interactive Ideas. Provided you have paid any applicable fees and registered with Interactive Ideas and otherwise complied with this EULA, Interactive Ideas grants you the following personal, non-exclusive, non-transferable, limited rights: a) The End User agrees to abide by the Operating Policies set forth herein, and to conform to applicable local, State and federal laws, including but not limited to the rules and policies of your professional association, if any. In cases where data communications are addressed to those outside of the foregoing jurisdictions, End Users are advised that acceptable use policies of those other jurisdictions apply and may limit use. The End User agrees to conform to the laws and regulations of the State of California while using Interactive Ideas' services. If an End User resides in any jurisdiction that does not allow the End User to conform to California law, the End User is not allowed to use Interactive Ideas' services. b) Information received through Captaloans.com or other Interactive Ideas' services by you may be displayed, reformatted and printed for your personal use online in connection with the services you provide via captaloans.com. c) You may not decompile, disassemble, extract or otherwise reverse engineer any of the Software. You shall not have the right to obtain or use any source code for the Software. You are not permitted to reproduce, retransmit, distribute, disseminate, sell, rent, lease, loan, publish, broadcast or circulate the information received by you or transmitted to you by Captaloans.com to anyone, including but not limited to others in the same company or organization, without the express prior written consent of Interactive Ideas. Site license and group subscription plans are available.

2. COPYRIGHT AND "MORAL RIGHT" The Software and its associated Web site screens, source code and the information available through Captaloans.com as well as the way it is presented are the property of Interactive Ideas, Inc. and protected by patent, copyright, trade secrecy and other intellectual property laws. Interactive Ideas' copyrights include, but are not necessarily limited to ©2000, ©2001, ©2002, ©2003, ©2004, ©2005, ©2006, ©2007 Interactive Ideas, Inc. All Rights Reserved. Interactive Ideas asserts its "Moral Right" to be identified as the author of this work, in all jurisdictions which recognize the "Moral Right."

3. TRADEMARKS AND SERVICE MARKS Interactive Ideas owns a number of registered and unregistered Trademarks and Service marks (the "Marks"). These Marks are extremely valuable to Interactive Ideas and shall not be used by you, or any other person, without Interactive Ideas' express written permission. The Marks include, but are not necessarily limited to the following: Interactive Ideas products and TranZmeter. Interactive Ideas expressly reserves the right to use additional registered and unregistered Marks in connection with its business, and such additional registered and unregistered Marks shall be entitled to full protection under applicable law. Any use of any Interactive Ideas' Mark shall be deemed an intentional and willful violation of substantial rights of Interactive Ideas. In addition to Interactive Ideas' Marks, some Interactive Ideas Products may include trademarks or service marks owned by other corporations. These other marks include, but are not necessarily limited to: WINDOWS, WINDOWS 95, WINDOWS 98, WINDOWS ME, WINDOWS NT, WINDOWS 2000, WINDOWS XP, and VISTA which are registered Trademarks of Microsoft Corporation. You shall not use any of the Trademarks, or Service marks of Interactive Ideas, Microsoft Corporation, Sun, or any other entity, without the express written permission of such Trademark or Service mark owner.

4. DISCLAIMER OF WARRANTY, REMEDY, AND LIMITATIONS Interactive Ideas does not warrant any connection to, transmission over, nor results or use of, any network connection or facilities provided under this Agreement. Interactive Ideas makes no warranties of any kind, whether express or implied. Interactive Ideas assumes no responsibility for any damages suffered by the account holder, including but not limited to loss of data, miss-deliveries, delays, non-deliveries, or service interruptions. Interactive Ideas has no liability for the quality, accuracy, or validity of the data / information gathered by an End User from his or her or its Clients. Use of information gathered through use of Interactive Ideas' services is at the risk of the End User. YOU AS AN END USER ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. INTERACTIVE IDEAS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE PROVIDED BY CAPTISOFT.COM, AND INTERACTIVE IDEAS SHALL NOT BE LIABLE FOR ANY INJURY, COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. AS AN END USER, IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION PROVIDED THROUGH THE SERVICE. INTERACTIVE IDEAS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE, THE INFORMATION, AND THE PROGRAMMING ARE PROVIDED TO YOU "AS IS" AND "WITH ALL FAULTS". IN NO EVENT WILL INTERACTIVE IDEAS BE LIABLE FOR (I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED FROM THE SERVICE, EVEN IF CAPTISOFT.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND / OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. THE MAXIMUM DAMAGES AWARDED UNDER THIS AGREEMENT IS AN AMOUNT EQUAL TO CAPTISOFT PRODUCTS SUBSCRIPTION FEES FOR ONE MONTH.

5. TERMINATION The license will terminate automatically if you fail to comply with the terms, conditions, or limitations contained in this EULA, including the payment of applicable license or other fees. On termination, you shall, at Interactive Ideas option either return to Interactive Ideas or destroy all copies of the Software. Otherwise, this EULA shall remain in force until terminated. You may terminate this EULA at any time (with no obligation on the part of Interactive Ideas) by destroying all copies of the Software, deleting any copies of the Software from your hard drives, ceasing all use of the Software: and providing satisfactory proof to Interactive Ideas that you have done so. The disclaimer of warranty and limitations on liability contained in Section 4 shall continue in force even after your rights to use the Software are terminated. If you elect to subscribe to Captaloans.com services, your subscription will continue until terminated by Interactive Ideas or until you notify Interactive Ideas by e-mail of your decision to terminate your subscription. Interactive Ideas' may discontinue or change the services provided on Captaloans.com, or its availability to you, at any time and for any reason. You may always terminate your subscription at any time.

6. GENERAL/MISCELLANEOUS CLAUSES This EULA shall be governed by and construed under the substantive laws applicable to the State of California, United States of America. If any provision of this EULA is held to be unenforceable, the remaining provisions shall remain in full force and effect. The undersigned agree that this EULA is entered into at Santa Ana, California. They further agree that any legal or equitable dispute brought or arising under this Agreement shall be brought in the State and Federal courts for Santa Ana, California. This Agreement constitutes the entire Agreement between the End User & Interactive Ideas about the subject matter, and shall not be modified.

  


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