SmartMenu END-USER SOFTWARE LICENSE AGREEMENT

SmartMenu(TM) is a product of BrainDance Software Inc, located in Redmond, Washington. All SmartMenu source code and documentation is Copyright 2015, by BrainDance Software Inc.

PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT: This End-User License Agreement ('Agreement') is a legal agreement between BrainDance Software Inc and you that governs your use of SmartMenu software and related web services and web sites provided by BrainDance Software Inc.

The terms also apply to any of the following products and services

* Standard, Mobile, and Enterprise versions of SmartMenu,
* Updates,
* Supplements, including but not limited to the DataViewer and MultiLinkViewer apps included with SmartMenu,
* Internet-based services, including but not limited to hosting web start pages on http://SmartMenu.co and
* support services provided via the following web sites: SmartMenu.Net, SmartMenu.Info, BrainDance.com and BrainDance.info.

provided by BrainDance Software Inc unless other terms accompany these items. If so, those terms apply.

By using the software, you accept these terms. If you do not accept them, do not use this software.

As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.
If you comply with these license terms, you have the rights below.

1. INSTALLATION AND USE RIGHTS. You may install this software on your other computers running validly licensed copies Windows for a free 30 day trial.

2. INTERNET-BASED SERVICES. BrainDance Software Inc provides Internet-based services with the software. BrainDance Software Inc may change or cancel them at any time.

Consent for Internet-Based Services. SmartMenu connects to web services at http://SmartMenu.co over the Internet when you publish a start page for access by a web-enabled device, and when you activate your license if you choose to purchase a license. All other internet connections will be via http (non-SSL) and used at your discretion, such as opening web support pages or uploading support troubleshooting information. By using these features, you consent to the transmission of this information. BrainDance Software Inc uses your email address, provided when you upload a start page to the SmartMenu.co web site, or when you activate a license key, both to authenticate you and to provide product update notices. This information is not sold or given to third parties. Every reasonable measure is taken to secure your email address and start page information stored on BrainDance Software Inc servers. However, by using SmartMenu and the SmartMenu.co hosting feature, you agree not to use these products and services for anything illegal, and not to store any sensitive or confidential information on BrainDance Software Inc servers. Hosted start pages are not secured by your password. They can be accessed by anyone who learns the web address. SmartMenu makes these web site addresses difficult to discover, but it is still possible for others to guess your start page web address. The only information on your start pages that associates the page to you, is information you include in the start page links and notes. When you upload your start pages, and when you activate your license key, SmartMenu.co captures your IP Address and stores that with your registration information. This information is kept for internal purposes only. BrainDance Software Inc uses this information to make the Internet-based service available to you.

3. SCOPE OF 30 Day Free Trial.
This installation of SmartMenu includes the client software required to use all three versions. After the 30 day trial, you will need to purchase a license to continue using the product. You are free to publish and use mobile browser start page apps on SmartMenu.co for a period not to exceed 30 days at which time you will need to license the software by visiting http://SmartMenu.co/Register.aspx. The Enterprise version cannot be activated without further information including server components, from BrainDance Software Inc.

4. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. BrainDance Software Inc reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.

YOU MAY NOT

* Include the Software, or any portion of it, in any commercial products intended for manufacture, distribution or sale;
* Work around any technical limitations in the software;
* Reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* Publish the software for others to copy, except as expressly authorized by BrainDance Software Inc, or on your internal networks as permitted by your company policy and in accordance with the SmartMenu Enterprise License agreement terms;
* Rent, lease, sublicense or lend the software;
* Transfer the software or this agreement to any third party, except as authorized in BrainDance Software Inc’s Value Added Reseller (VAR) agreement or download sites expressly authorized by BrainDance Software to make the software available for download; or
* Use this software for any unlawful purpose or for promotion of illegal activities.

5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

6. INTELLECTUAL PROPERTY RIGHTS. Acknowledgement of BrainDance Software Inc’s Rights. You acknowledge that SmartMenu, the associated web site and web services, as well as the SQL Server database used to host the SmartMenu Enterprise version knowledgebase, are the intellectual property of and are owned by BrainDance Software Inc. The Software is confidential information of BrainDance Software Inc., and is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You acknowledge that BrainDance Software Inc retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to SmartMenu, the associated web site and web services, as well as the SQL Server database used to host the SmartMenu Enterprise version knowledgebase, and all accompanying product documentation. SmartMenu(TM) is a trademark of BrainDance Software Inc.

7. SUPPORT SERVICES. Because this software is “AS-IS,” we may not provide support services for it.

8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

9. INDEMNIFICATION. You agree to indemnify and hold harmless BrainDance Software Inc, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the Software, including but not limited to your violation of this Agreement.

10. APPLICABLE LAW.

a. United States. If you acquired SmartMenu in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.

11. DISCLAIMER OF WARRANTY. The software is licensed “AS-IS.” You bear the risk of using it. BrainDance Software Inc gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this agreement cannot alter. To the extent permitted under your local laws, BrainDance Software Inc excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

12. LEGAL EFFECT. This agreement specifies legal rights. The laws of your country may grant you other rights. You may also have rights with respect to the website or company from which you downloaded or acquired this copy of SmartMenu. If the laws of your country do not permit this agreement to do so, this agreement does not change your rights under the laws of your country.

13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from BrainDance Software Inc and its suppliers only direct damages up to U.S. $6.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to

* anything related to the software, content (including code) on third party Internet sites, services, or third party programs; and
* claims for breach of warranty, breach of contract, guarantee or condition, negligence, strict liability, or other tort to the extent permitted by applicable law.
It also applies even if BrainDance Software Inc knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.