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This agreement constitutes the complete agreement between you and GAP Development Company. If you do not agree to the terms of this agreement, do not purchase the SOFTWARE and if already purchased, downloaded, or otherwise received, promptly return the disks and other items that are part of this product, or in the case of electronic distribution, destroy all copies of the SOFTWARE that were downloaded and/or installed.

The SOFTWARE may not be copied, reproduced, disclosed, transferred, or reduced to any form, including electronic medium or machine readable form, or transmitted or publicly performed by any means, electronic or otherwise, unless GAP Development Company consents in writing, in advance.

The SOFTWARE contains valuable trade secrets and proprietary information and is protected by federal copyright laws. Unauthorized use of the software can result in civil damages and criminal prosecution.

If the SOFTWARE contains a "Domain License" clause, you may use the SOFTWARE on a single domain only. The single Domain License allows you to use the SOFTWARE with any number of Merchant Stores that are associated with that Domain (a Merchant Mall).

If the SOFTWARE contains a "Store License" clause, each Merchant Store, other than the first, that utilizes the SOFTWARE must purchase a separate License and pay separate fees.

YOU MAY NOT COPY the SOFTWARE except to place the programs onto your hard disk (or the hard disk of your Internet Hosting Provider) and to make archival backup copies for your personal use as permitted by this License. You may not copy the written materials (printed, electronic, WEB based, PDF based, or otherwise) accompanying the software unless GAP Development Company consents in writing, in advance. You may not grant sublicenses nor transfer the SOFTWARE or related materials in any form to any person unless GAP Development Company consents in writing, in advance.

You are granted a nonexclusive, personal, nontransferable, nonassignable license to use and modify the SOFTWARE for your own personal use. You may not sell, provide, make available, or otherwise distribute any modifications based upon the SOFTWARE source code.

This License is effective until terminated. This License will terminate automatically if you fail to comply with any provision of this License.

Government End Users: If the SOFTWARE is acquired by or on behalf of a unit or agency of the United States Government, this provision applies. This GAP Development Software:

1. was developed at private expense, is existing computer software, and no part of it was developed with government funds,
2. is a trade secret of GAP Development Company for all purposes of the Freedom of Information Act,
3. is "restricted computer software" submitted with restricted rights in accordance with sub-paragraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at 52.227-19 and its successors,
4. in all respects is proprietary data belonging solely to GAP Development Company,
5. is unpublished and all rights are reserved under the copyright laws of the United States.

SUMMARY OF LIMITED WARRANTY:

In summary, the SOFTWARE is licensed AS IS. THERE ARE NO WARRANTEES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL GAP DEVELOPMENT COMPANY BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS TO YOU OR ANY OTHER PERSON OR ENTITY REGARDLESS OF THE LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

No dealer, company or person is authorized to expand or alter either these warranties or this agreement; any such representation will not bind GAP Development Company.