Welcome to Vexlio!

The following end-user license agreement ("Agreement") describes the terms on which VEXLIO LLC, a North Carolina LLC, doing business at PO Box 98931, Raleigh, NC 27624, its owners, agents, and affiliates ("Publisher") offers you ("You" or "Customer") access to its software and services.  BY CLICKING THE "I AGREE" BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THE SOFTWARE OR OTHER PUBLISHER WEB SITE (COLLECTIVELY "SOFTWARE"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SOFTWARE.

PUBLISHER RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN THE PUBLISHER'S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "LEGAL" HYPERLINK LOCATED AT THE BOTTOM OF THE PAGE ON THE PUBLISHER'S WEB SITE.

1. LICENSE 

Publisher hereby grants to Customer a personal, perpetual, nonexclusive, nontransferable revocable license to download, install, execute and use the Software on up to three electronic devices per user license key code (the "License").  You may add additional electronic devices by paying for additional user license keys.  User license keys are not transferable. 

You may copy the Software as necessary to use it in accordance with this License or for backup purposes in support of your personal noncommercial use of the Software.  You must be 18 or older to use the Software.

You may not modify, copy, distribute, display, send, perform, reproduce, upload, post, transmit, publish, license, sublicense, create derivative works from, transfer, rent, lease, or sell the Software in any way without the prior written consent of Publisher.  You further agree that you will not attempt to reverse engineer, decompile, modify, translate, or disassemble the Software in whole or in part at any time. 

You have no right under this License to maintenance, support, training, updates or upgrades of the Software.  If available, information about support, maintenance, training, updates, or upgrades of the Software are posted on Publisher's website.  

The License is conditioned upon your compliance with the terms of this Agreement.  Publisher reserves the right to terminate the Agreement in its sole discretion for any reason.  In the event you breach this Agreement, fail to timely pay the license fee, or the Agreement is otherwise terminated by Licensor, the License is automatically revoked and terminated and you must immediately stop all use of the Software and destroy it together with all copies and discontinue all use.    

2. COPYRIGHT AND INTELLECTUAL PROPERTY

The Software is the exclusive property of Publisher, who retains all right, title, interest and intellectual property rights in the Software.  No intellectual property or ownership rights are transferred to you by installation, execution, or use of the Software.  You agree not to directly or indirectly question, attack, contest, or in any other manner impugn Publisher's rights in the Software in any action, demand, claim, suit, or proceeding in which enforcement of a provision of this Agreement is sought. 

Trademarks, service marks, logos, and copyrighted works appearing in the Software are the property of Publisher or the party that provided or licensed the trademarks, services marks, logos, and copyrighted works to Publisher.  Modification or use of the Software except as expressly provided in these Terms of Use violates Publisher's intellectual property rights. 

The Software and all contents of Publisher's Web sites are: Copyright (C) 2017, VEXLIO LLC. All rights reserved.  You agree not to remove any copyright notice or other proprietary or restrictive notice or legend contained or included in the Software and shall retain all such notices and legends on any and all permissible copies of the Software made under this Agreement.

3. TRIAL PERIOD

Subject to the terms of this Agreement and the discretion of Publisher, You may use some or all features of the Software free of charge for a period of thirty (30) days (the "Trial Period").  At the end of the Trial Period, you must purchase a license key to continue use of the Software.  Failure to pay the license fee at the end of the Trial Period will result in the automatic termination of this License.  In the event of non-payment, Licensor may disable the Software and delete any related user data and you must immediately stop all use of the Software and destroy it together with all copies and discontinue all use.  

4. DISCLAIMER

YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PUBLISHER DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. PUBLISHER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PUBLISHER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SOFTWARE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SOFTWARE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PUBLISHER MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT PUBLISHER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SOFTWARE OR ITS CONTENT OR THE TERMINATION OF THIS LICENSE BY PUBLISHER. PUBLISHER MAKES NO WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

5. LIMITATION ON LIABILITY

PUBLISHER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PUBLISHER AND ITS SUBSIDIARIES, AFFILIATES, ADVERTISERS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $30 OR THE AMOUNT YOU HAVE PAID TO PUBLISHER FOR THE SOFTWARE OR SERVICE OUT OF WHICH LIABILITY AROSE.

6. TERMINATION OR RESTRICTION OF ACCESS

Publisher reserves the right, in its sole discretion, to restrict, limit or terminate your access to the Software and related services, your user data, or any portion thereof at any time, without notice.

7. INDEMNITY

You hereby release, indemnify, defend, and hold Publisher, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from and against any claim, damages, or liability due to any injuries, losses or damages to any person (including death) or property of any kind resulting in whole or in part, directly, or indirectly, from the receipt, enjoyment, ownership, possession, use, misuse, termination by Publisher, or inability to use the Software or information provided by the Software whether under contract, tort (including negligence), warranty or any other applicable sources of law, including, without limitation, (i) breach of this Agreement by you, your agents, or affiliates, (ii) any condition caused by events beyond Publisher's control that may cause the Software to be disrupted or corrupted, (iii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your use of the Software, and (iv) any printing or typographical errors in the Software.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Software.

8. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of the State of North Carolina, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in North Carolina in connection with any dispute between you and Publisher arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in Wake County Superior Court in Raleigh, North Carolina or in U.S. District Court for the Eastern District of North Carolina in Raleigh, North Carolina. 

You agree to abide by the export control regulations of the United States Department of Commerce and other United States governmental regulations relating to the export of licensed software.  Failure to obtain an export control license or other authority from the government may result in criminal liability under U.S. laws. 

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Publisher as a result of this Agreement or use of the Software.

You may not assign or otherwise transfer the Software or this Agreement without the prior written consent of Publisher.

This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Publisher with respect to the Software.
