CLICKWRAP END-USER LICENSE AGREEMENT   IMPORTANT READ THESE TERMS CAREFULLY BEFORE DOWNLOADING THIS SOFTWARE. BY DOWNLOADING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING THE SOFTWARE.   1. Grant of License for Registered Users.  Rainwater System, Inc., d/b/a  Rainwater Management Solutions ("Rainwater") grants you (hereinafter "You") a non-exclusive, non-transferable license to use the software program with which this license is distributed (the "Product"), including any documentation files accompanying the Product ("Documentation") on a single server (if the Product is server-based) or personal computer to support up to the number of simultaneous users for which You have paid the license fee, and to make one (1) backup copy of the Product, provided that (i) the Product is installed on only one (1) server or personal computer; (ii) the Product is NOT to be modified; (iii) all copyright notices are maintained on the Product; and (iv) You agree to be bound by the terms of this Clickwrap End-User License Agreement ("Agreement"). The Product and Documentation shall be used only by You, only for your own personal use and not in the operation of a service bureau or for the benefit of any other person or entity.   2. Ownership. You have no ownership rights in the Product. Rather, You have a license to use the Product as long as this Agreement remains in full force and effect. Ownership of the Product, Documentation and all intellectual property rights therein shall remain at all times with Rainwater. Any other use of the Product by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement. All rights not expressly granted herein to You are reserved by Rainwater.   3. Copyright. The Product and Documentation contain material that is protected by United States copyright laws and trade secret laws, and by international treaty provisions. You may not remove any proprietary notice of Rainwater from any copy of the Product or Documentation.   4. Restrictions. You may not publish, display, disclose, rent, sublicense, lease, modify, loan, distribute, or create derivative works based on the Product or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Product, nor shall you attempt to create the source code from the object code for the Product. You may not transmit the Product over any network or between any devices, although You may use the Product to make such transmissions or other materials. You may transfer the Product to other computers You own as long as You only use it on one computer at a time.   5. Replacement, Modification and/or Updates. Rainwater may, from time to time, and for a fee, replace, modify or upgrade the Product. When accepted by You, any such replacement or modified software code or upgrade will be considered part of the Product and subject to the terms of this Agreement, unless this Agreement is superceded by a further agreement accompanying such replacement or modified version or update of the Product.   6. Confidentiality. You acknowledge that the Product contains proprietary trade secrets of Rainwater and You hereby agree to maintain the confidentiality of the Product using at least as great a degree of care as You use to maintain the confidentiality of your own most confidential information.   7. Limited Warranty. Rainwater warrants for a period of THIRTY (30) days after purchase that the product will perform substantially in accordance with the Documentation. Should the product not so perform, your exclusive remedy, and Rainwater’s sole obligation under this warranty shall be, at Rainwater’s sole discretion, correction of the defect or refund of the purchase price for the PRODUCT. Any use by you of the product is at your own risk. This limited warranty is the only warranty provided by Rainwater regarding the product. Except for the limited warranty above, the product is provided “as is.” To the maximum extent permitted by law, Rainwater disclaims all other warranties of any kind, either expressed or implied, including, without limitation, implied warranties of NONINFRINGEMENT, merchantability and fitness for a particular purpose. Rainwater does not warrant that the functions contained in the PRODUCT will operate error free, or in an uninterrupted fashion, or that any effects or errors in the product will be corrected, or that the PRODUCT is compatible with any particular platform. Rainwater is not obligated to provide any updates to the product. Some jurisdictions do not allow the waiver or exclusion of implied warranties.   8. Limitation of Liability. IN NO EVENT WILL RAINWATER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF RAINWATER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RAINWATER’S LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE PRODUCT AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE PRODUCT AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.   9. Export Restrictions. This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of the Product or information about such Product which may be imposed from time to time by the government of the United States of America. You shall not export the Product, Documentation, or information about the product and Documentation without consent of Rainwater and compliance with such laws, regulations, orders, or other restrictions.   10. Termination. This Agreement is effective until it is terminated or expires. You may terminate this Agreement at any time by destroying or returning to Rainwater all copies of the Product and Documentation in your possession or under your control. Rainwater may terminate this Agreement if Rainwater finds that You have violated the terms of this Agreement. Upon notification of termination or upon expiration, You agree to destroy or return to Rainwater all copies of the Product and Documentation and to certify in writing that all known copies, including backup copies have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Agreement.   11. General. This Agreement shall be construed, interpreted and governed by the laws of the Commonwealth of Virginia without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate federal or state court sitting in Roanoke County, Commonwealth of Virginia, USA. This Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties.