END-USER LICENSE AGREEMENTREAD THIS. You must agree to these terms and conditions before downloading the ICBM SPREADSHEET program (hereinafter “Program”). This End-User License Agreement (hereinafter “Agreement”) is a legal agreement between you and the Licensors, Line Drive Publications, LLC and William R. Davis (hereinafter “Licensors”). By downloading the Program, you acknowledge that you have read and accept the following terms and conditions. If you do not agree with and do not want to be bound by these terms and conditions, do not purchase or download the Program.

1. License Grant. The Licensors grant to you (either an individual or entity) a nonexclusive license to use the Program solely for your own use on a single computer (whether a standard computer or a workstation component of a multi-user network). Only you may use the Program that you purchased. The Program is in use when it is loaded into temporary memory (RAM) or installed into permanent memory (hard disk, CD-ROM, flash drive, or other storage device). The Licensors reserve all rights not expressly granted herein.

2. Ownership. William R. Davis is the owner of all right, title, and interest, including copyright, in and to the Program. Line Drive Publications, LLC is the publisher of the Program and is licensed by William R. Davis to sell and distribute the Program.

3. Restrictions on Use and Transfer. You may make only one copy of the Program for back-up or archival purposes. You may not rent or lease the Program. Other than the one copy for back-up or archival purposes mentioned above, you may not copy, reproduce, or distribute the Program by any means. You may not modify, adapt, or create derivative works based on the Program. You may not reverse engineer, decompile, or disassemble the Program or expose the spreadsheet formulas.

4. Limited Warranty. The Licensors warrant that under normal use the Program will perform substantially in accordance with the accompanying materials for a period of sixty (60) days from the date of purchase. If the purchaser of the Program demonstrates that the Program does not do so during the warranty period, Line Drive Publications will replace the Program.

5. Disclaimer of Warranties.
THE LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PROGRAM, THE CODE AND FORMULAS CONTAINED THEREIN, AND/OR THE TECHNIQUES DESCRIBED IN THE BOOK, WINNING THE LITIGATION MONEY WAR, BY WILLIAM R. DAVIS. THE LICENSORS DO NOT WARRANT THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE ERROR FREE.

6. Indemnification. You agree to defend, indemnify, and hold harmless the Licensors, their officers, directors, shareholders, parents, agents, contractors, affiliates, subsidiaries, joint ventures, owners, employees, and assigns from any and all damages, costs, claims, taxes, levies, losses, expenses, fees, attorneys fees, liabilities, or any other costs or expenses of any kind, including payment by you for purchase of the Program, that arise from or result from your purchase or use of the Program.

7. Remedies. The Licensors’ entire liability and your exclusive remedy for defects of any kind in the Program shall be limited to replacement of the Program. To the maximum extent permitted by applicable law, in no event shall the Licensors be liable for any damages whatsoever (including without limitation damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising from the use of or inability to use the Program, even if the Licensors have been advised of the possibility of such damages.

8. General. This Agreement constitutes the entire understanding of the parties and revokes and supersedes all prior agreements, oral or written, between them and may not be modified or amended except in a writing signed by both parties hereto that specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith. If one or more provisions contained in this Agreement are held by any court or tribunal to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in full force and effect.