IMPORTANT, PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ORDERING, ACCESSING,OR USING THIS SOFTWARE. 

This SOFTWARE PRODUCT is licensed, not sold.  This SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

END USER LICENSE AGREEMENT

This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Axiom Marketing Inc. with regard to the copyrighted Software Mobile Lead Monster (herein referred to as “SOFTWARE PRODUCT” or “SOFTWARE”) provided with this EULA. The SOFTWARE PRODUCT includes computer software, the associated media, any printed materials, and any “online” or electronic documentation. Use of any software and related documentation provided to you by Axiom Marketing Inc. in whatever form or media, will constitute your acceptance of these terms, unless separate terms are provided by the software supplier, in which case certain additional or different terms may apply. If you do not agree with the terms of this EULA, do not download, install, copy, or use the Software. By installing, copying or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Axiom Marketing Inc. is unwilling to license the SOFTWARE PRODUCT to you.

1. Definitions

Agreement: this End User License Agreement, as may be renewed and/or amended from time to time.

IP Rights: means (i) patents, pending patent applications, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and (iii) applications, extensions and renewals in relation to any such rights.

Promotional Materials: any and all trademarks, names, signs, logos, banners, and any other materials in whatever form owned and/or used by Axiom Marketing Inc. for the promotion of its company, products, and activities.

Software: the software distributed by Axiom Marketing Inc. for internet marketing research purposes including but not limited to Mobile Lead Monster, as well as any future versions, improvements, developments, programming fixes, updates and upgrades.

You: You, the end user of the Axiom Marketing Inc. Software, either as an individual or an entity, also used in the form “Your” where applicable.

2. Eligible Licensees

This Software is available for license solely to SOFTWARE owners, with no right of duplication or further distribution, licensing, or sub-licensing. IF YOU DO NOT OWN THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE.

3. License Grant

Axiom Marketing Inc. grants to you a personal, non-transferable and non-exclusive, non-sublicensable, non-assignable, license to download, install and use the Software on two computers only. You agree you will not copy the Software except as necessary to use it on two computers. You agree that you may not copy the training materials accompanying the Software. Modifying, translating, renting, copying, transferring or assigning all or part of the Software, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the Software is strictly prohibited.

Furthermore, you hereby agree not to create derivative works based on the Software. You may not transfer this Software. Axiom Marketing Inc. may offer a free of charge license to download a particular product either for a limited or unlimited time, or may charge a license fee. The Software may be used for commercial purposes.

4. Copyright

The Software is licensed, not sold. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of Axiom Marketing Inc. and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All copies of the Software will contain the same proprietary notices as contained in or on the Software. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Axiom Marketing Inc. or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

5. Reverse Engineering

You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder.

6. Disclaimer of Warranty

The Software is provided “AS IS” without warranty of any kind. Axiom Marketing Inc. and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. Neither Axiom Marketing Inc. nor its suppliers warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Axiom Marketing Inc. IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE.

7. Limitation of Liability

Axiom Marketing Inc.’s entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the Software, if any. In no event shall Axiom Marketing Inc. or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind, arising out of the use or inability to use the software, even if Axiom Marketing Inc. or its supplier has been advised of the possibility of such damages, or any claim by a third party.

8. Rental

You may not loan, rent, or lease the Software.

9. Upgrades

If the Software is an upgrade from an earlier release or previously released version, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software program which you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than two computers.

10. OEM Product Support

Product support for the SOFTWARE PRODUCT is provided by Axiom Marketing Inc.. For product support, please contact Axiom Marketing Inc.. Should you have any questions concerning this, please refer to the address provided in the documentation.

11. No Liability for Consequential Damages

In no event shall Axiom Marketing Inc. or its suppliers be liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this software product, even if Axiom Marketing Inc. has been advised of the possibility of such damages. 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.

12. Indemnification by You

If you distribute the Software in violation of this Agreement, you agree to indemnify, hold harmless and defend Axiom Marketing Inc. and its suppliers from and against any claims or lawsuits, including attorney’s fees that arise or result from the use or distribution of the Software in violation of this Agreement.

13. Refund Terms Specific to the Mobile Lead Monster Software

Due to the unique nature of this software no refund period will be offered. If you experience installation or compatibility issues you must notify customer support within the first 72 hours of purchase. We will actively work with you to setup your software and if we are unable to resolve the problem we will promptly issue a refund due to software incompatibility. Installation support tickets MUST be received within 72 hours of purchase at [email protected] and license keys must not have been activated within the software. Refund requests are void if license key has been activated.

We have fully demonstrated the functionality and potential of the Mobile Lead Monster in our video demo and if you are unsure, weary, or want to kick the tires, test it out and return it do not purchase this software, it is not for you. We want to focus our time and energy on our excited new users and provide them with the best support and services possible.

14. Contact

Axiom Marketing Inc.
1 Yonge Street, Suite 1801
Toronto, Ontario, M5E 1W7
Canada

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS, AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. BY CLICKING IN THE ACCEPT BOX AND/OR CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO AXIOM MARKETING INC. ALL RIGHTS CONTAINED WITHIN THIS AGREEMENT.

Last Updated: July 22, 2014

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