LICENSE AGREEMENT FOR EZPARTS DEALER INCLUDE

By Installing, copying, embedding or using links to this software service, you are agreeing to the terms and conditions of this software end-user license agreement.

All schematic, equipment, parts specifications and pricing information contained on or in the EzParts5 manufacturers database are subject to change without notice.

The manufacturer's database is the sole and exclusive property of the Manufacturer and contains copyrighted materials and cannot be re-distributed without authorization in writing from the appropriate copyright holder.

EZPARTS DEALER INCLUDE SOFTWARE LICENSE AGREEMENT

IMPORTANT-READ-CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Systems Online LLC for EzParts5 Dealer Feeds Web Service as implemented by Mercury Marine, hereinafter referred to as ("Product"), which includes cloud hosted computer software and may include associated media, printed materials, and "online" or electronic documentation. An amendment or addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR EMBEDDING, OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE PRODUCT. YOU MAY NOTIFY Systems Online LLC FOR A FULL REFUND. INSTALLATION, COPYING, EMBEDDING, LINKING TO OR USE OF THE PRODUCT CONSTITUTES ACCEPTANCE OF THIS SOFTWARE LICENSE AGREEMENT BETWEEN Systems Online LLC ("LICENSOR") AND YOU ("LICENSEE").

This Product is licensed through Systems Online LLC.

1. Grant of License.
Licensor hereby grants to the Licensee, and the Licensee hereby accepts from Licensor a non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Product for the Licensee’s sole and lawful use only. This agreement permits you to embed the Product on a single web site or domain (whichever is more restrictive). If you have multiple licenses for the Product then, at any time you may have the Product embedded in as many sites or domains (whichever is more restrictive) as you have licenses according to the terms of this EULA. The Product may not be separated for use.
Specifically:
If you are an individual, Systems Online LLC grants you as an individual a personal, a nonexclusive license to use the Product in accordance with the terms of this EULA.
If you are an entity, Systems Online LLC grants you as an entity, a nonexclusive license to use the Product in accordance with the terms of this EULA.

2. Additional Rights and Limitations-General.

2.1 Limitation on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the Product.

2.2 Termination.
Without prejudice to any other rights, Systems Online LLC may cancel this EULA if you do not abide by any of the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts and remove any links or references to the product from your website(s) or domain(s) immediately.

2.3 Consent to Use of Data.
You agree that Systems Online LLC and its affiliates may collect and use technical information you provide as a part of support services related to the Product. Systems Online LLC agrees not to use this information in a form that personally identifies you.

2.4 Not for Resale Software.
This Software Product and any date sent, received, data transferred using this software product can not be copied, resold, transferred, leased or used by any other than the original Licensee.

2.5 Update License Terms.
ALL UPDATES shall be considered part of the Product and subject to this EULA. Additional license terms may accompany UPDATES (as defined in the first paragraph of this EULA) By installing, copying, or otherwise using any UPDATE, you agree to be bound by the terms accompanying such UPDATE. If you do not agree to the additional license terms accompanying such UPDATES, do not install, copy, or otherwise use such UPDATES.

3. Limited Warranty.
Systems Online LLC warrants that the Product will perform substantially in accordance with its design for a period of 30 days from the date of receipt. If an Implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30)-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the Product, provided to you after the expiration of the thirty day Limited Warranty period are not covered by any warranty or condition, express, implied, or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Systems Online LLC, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED, TO CONSEQUENTIAL DAMAGES, if the Product does not meet Systems Online LLC Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 5 below ("Exclusion of Incidental, Consequential, and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Systems Online LLC entire liability and your exclusive remedy shall be, at Systems Online LLC option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Product, or (b) repair or replacement of the product, that does not meet this Limited Warranty and that is returned to Systems Online LLC with a copy of your receipt. You will receive that remedy elected by Systems Online LLC without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Product to Systems Online, Inc,). This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use, or a virus. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by Systems Online LLC are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Systems Online LLC at 30 N. Gould Street, Sheridan Wyoming Florida 828201.

4. DISCLAIMER OF WARRANTIES.
The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Systems Online LLC and its suppliers provide the Product and Support Services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.

5. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES.
To the maximum extent permitted by applicable law, in no event shall Systems Online LLC or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way relates to the use of or inability to use the PRODUCT, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract, or breach of warranty of Systems Online LLC or any supplier, and even if Systems Online LLC or any supplier has been advised of the possibility of such damages.

6. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damage that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Systems Online LLC and any of its suppliers under any provision of the EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Systems Online LLC with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S. $5.00. The foregoing limitations, exclusions, and disclaimers (including Sections 3, 4, and 5 above) shall apply to the maximum extent permitted by applicable law, even if any remedy falls its essential purpose.

7. APPLICABLE LAW.
If you acquired this Product in the United States, this EULA is governed by the laws of the State of Florida. If you acquired this Product in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada: and in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this Product was acquired outside the United States, then local law may apply.

8. ENTIRE AGREEMENT.
This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and Systems Online LLC relating to the Product and the support services (if any).

9. COPYRIGHT.
The Product is protected by copyright and other intellectual property laws and treaties. Systems Online LLC owns all right, title, and interest in the copyright, and other intellectual property rights in the Product.

THE PRODUCT IS LICENSED, NOT SOLD