IMPORTANT NOTICE: This License Agreement explains what you may and may not do with The Best of HR Matters E-Tips. By purchasing, downloading, installing, or in any way using The Best of HR Matters E-Tips, you agree that you and all employees of your organization will be legally bound by this License Agreement. Please read this License Agreement carefully before you use The Best of HR Matters E-Tips. If, after reading this License Agreement, you decide that you do not want to be bound by it, you must destroy all copies of The Best of HR Matters E-Tips and comply with the instructions in Paragraph 13, in which case we will promptly refund any payment you have already made. This is an agreement between us, Personnel Policy Service, Inc., and you, the entity or individual purchasing The Best of HR Matters E-Tips. 1. Description of Product. The subject of this License Agreement is our product The Best of HR Matters E-Tips, including the product itself, all information and data contained in the product, and the documentation accompanying the product. 2. Grant of License. We grant to you the non-exclusive, limited right to use The Best of HR Matters E-Tips to the extent provided below and in Paragraph 4 of this License Agreement. (a) Single Copy. You may download The Best of HR Matters E-Tips to, or install it on, a single, stand-alone computer workstation. You may give your organization's employees access to The Best of HR Matters E-Tips. However, you may not download, copy, install, or otherwise use The Best of HR Matters E-Tips in any manner that would permit its use by more than one user at a time, or on more than one stand-alone computer. This means that you may not download, copy, install, load, or make available The Best of HR Matters E-Tips on a network, regardless of whether it is a local area network or a wide area network, or on the Internet or the World Wide Web. This also means that you may not download The Best of HR Matters E-Tips to, or install it on, a network even where access is limited to a single designated user. (b) Multiple Copies. You may download The Best of HR Matters E-Tips to, or install it on, (a) your employees' individual workstations, (b) the single file server for your local area network and/or (c) the single file server for your wide area network, in each case in order to give as many of your organization's employees access to The Best of HR Matters E-Tips as the number of copies of the product that you purchased, according to your order. Furthermore, please note that you may not copy, install, make available, or otherwise use The Best of HR Matters E-Tips on the Internet or the World Wide Web. It is your responsibility to make certain that no one other than your organization's employees may obtain access to The Best of HR Matters E-Tips, and, as provided in Paragraph 6 below, you are responsible for ensuring that each of your organization's employee-users understands and abides by the terms and conditions of this License Agreement. Your organization's "employees" do not include consultants, independent contractors, subcontractors, clients, or any other third parties. You may not transfer this license to anyone without our written permission. Your license is subject to all the terms and conditions of this License Agreement. 3. Term of License. In the ordinary case, your license will continue as long as you own the product and comply with this License Agreement. However, we may cancel your license at any time and for any reason if we refund to you any fee you have already paid. Be aware that the contents of The Best of HR Matters E-Tips may be time-sensitive and, by their nature, may become obsolete over time. 4. Scope of License. This License Agreement gives you and/or your organization's employees the right to do limited specific things with The Best of HR Matters E-Tips, depending on whether you have purchased a single copy or multiple copies of the product. (a) Single Copy. If you purchased a single copy of The Best of HR Matters E-Tips, you or an employee may: (1) View The Best of HR Matters E-Tips on a computer screen; and (2) Download, print, and/or reproduce in its entirety one copy of The Best of HR Matters E-Tips. (b) Multiple Copies. If you purchased multiple copies of The Best of HR Matters E-Tips, you and your employees may: (1) View The Best of HR Matters E-Tips on a computer screen; and (2) Download, print, and/or reproduce in its entirety as many copies of The Best of HR Matters E-Tips as you purchased for use, according to your order. Any other use of The Best of HR Matters E-Tips not consistent with the terms of this License Agreement and/or United States copyright law requires our advance written approval. PLEASE NOTE that any and all routine and/or systematic reproduction and redistribution of any portion of The Best of HR Matters E-Tips is expressly prohibited. If you need multiple copies of our product and have not purchased them, please contact us (see Paragraph 11, below). 5. Notice of Copyright. The Best of HR Matters E-Tips contains intellectual property belonging to us. This intellectual property is protected by copyright and other laws. Other than the limited license granted in this License Agreement, we retain all rights in The Best of HR Matters E-Tips and the contents thereof, and we reserve all remedies in connection with such rights. 6. Your Responsibilities. You are responsible for downloading, installing, and maintaining The Best of HR Matters E-Tips and are solely responsible for the results obtained from any use of the product. The Best of HR Matters E-Tips is not intended as legal advice. You also are responsible for ensuring that all persons who may have access to The Best of HR Matters E-Tips are familiar with, understand, and comply with the terms and conditions of this License Agreement. As a convenience to you, our personnel are available during business hours at the telephone number indicated below in Paragraph 11 to provide limited support for your use of our product. However, we are not responsible for assisting you with installation, use, or maintenance of The Best of HR Matters E-Tips. Our personnel are also available to answer your questions regarding this License Agreement. 7. Limited Warranty. For a period of 60 days from the date The Best of HR Matters E-Tips is delivered to you, we warrant that the product will be free of defects that prevent you from downloading it to, or installing it on, your computer, and we further warrant that The Best of HR Matters E-Tips will substantially conform to the published specifications and to accompanying documentation as such may be revised from time to time. Our sole obligation under this warranty is to replace any defective product, provided that you have notified us of the defect during the 60-day period. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR YOUR PARTICULAR PURPOSES. WE WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF The Best of HR Matters E-Tips, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF The Best of HR Matters E-Tips, ERRORS IN THE DATA CONTAINED IN The Best of HR Matters E-Tips, AND DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY YOU FOR The Best of HR Matters E-Tips. THE REMEDIES AVAILABLE TO YOU AGAINST US UNDER THIS AGREEMENT ARE EXCLUSIVE. NOTE THAT SOME STATES DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 8. Resolution of Disputes. You agree that any dispute arising from, relating to, or in any manner connected with this License Agreement shall be construed under and resolved in accordance with the laws of the Commonwealth of Kentucky, exclusive of the Commonwealth of Kentucky's laws regarding choice of law. You acknowledge that The Best of HR Matters E-Tips is our proprietary work product and that any violation of either (a) our copyrights therein or (b) this License Agreement will cause us to suffer irreparable injury that could not be adequately compensated through monetary damages. In particular, you agree that we may enforce (a) our copyrights and (b) this License Agreement through, among other remedies, equitable remedies, including injunctive relief to prevent you from infringing our copyrights or from violating the terms of this License Agreement. 9. Indemnity. You agree to indemnify, defend, and hold harmless us and our suppliers and distributors from and against any and all claims by third parties arising out of or in any way related to your use or misuse of The Best of HR Matters E-Tips or your breach of this License Agreement, regardless of the form of action. 10. Entire Agreement. This License Agreement represents the entire agreement between us and you concerning the rights granted herein, except insofar as our license fees are established in other documents, and it supersedes any prior agreement we may have had, written or oral, concerning the rights granted herein. If any provision of this License Agreement is held by a court of competent jurisdiction to be invalid, the remaining provisions of this Agreement will remain in full force and effect. This License Agreement may not be altered or amended, nor may any of its terms be waived, except in writing signed by both you and us. 11. Contacting Us. You may contact our support staff at Personnel Policy Service, Inc., P.O. Box 7697, Louisville, Kentucky 40257-0697. Our toll-free telephone number is (800) 437-3735, and our toll-free fax number is (800) 755-7011. 12. Acknowledgment. By downloading, installing, or in any way using The Best of HR Matters E-Tips, you acknowledge that you have read, understand, and agree to be legally bound by the provisions of this License Agreement. If you have any questions regarding The Best of HR Matters E-Tips or this License Agreement, please contact us at the address and telephone number in Paragraph 11. 13. Refund and Cancellation. If you are unhappy with The Best of HR Matters E-Tips and would like a refund, you must notify us in writing, either by facsimile or by mail, to the facsimile number or address listed in Paragraph 11. In addition, you must verify in writing that (a) you have destroyed all hard elements of The Best of HR Matters E-Tips and (b) you have purged all copies of The Best of HR Matters E-Tips from your local area network, wide area network, individual workstations, server, and/or other storage media. Personnel Policy Service, Inc. · P. O. Box 7697 · Louisville, KY 40257 · 800-437-3735