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LICENSE AGREEMENT

PLEASE READ CAREFULLY

COMPANY: AMERICA BOOKS INC.

LICENSE, TERMS AND CONDITIONS:

I- EVALUATION AGREEMENT

II- END USER LICENSE AGREEMENT

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I- EVALUATION AGREEMENT

This Evaluation Agreement (the "Agreement") is between America Books Inc. ("America Books") and the user ("Client") of software and/or services from America Books who accepts the terms of this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING SOFTWARE AND SERVICES FROM AMERICA BOOKS. BY USING SOFTWARE OR SERVICES FROM AMERICA BOOKS, CLIENT SIGNIFIES ITS ASSENT TO THIS AGREEMENT AND ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THIS AGREEMENT. AN INDIVIDUAL ACTING ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF CLIENT DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN IT MUST NOT USE OR PURCHASE SOFTWARE AND SERVICES FROM AMERICA BOOKS.

Purpose. America Books wishes to provide Client with certain technology or services on an evaluation basis, and Client wishes to receive such services, on the terms and conditions set forth in this Agreement.

1. Evaluation

Upon acceptance of this Agreement, America Books will provide Client a non-exclusive and nontransferable evaluation subscription for a specified number of Units for specified software programs branded by America Books, its affiliates and/or third parties including all modifications, additions, or further enhancements delivered by America Books. The evaluation begins on the date Client accepts this Agreement and ends thirty (30) days later (the “Evaluation Period”). After the Evaluation Period the Client’s use of the Software is subject to the applicable End User License Agreement (II).

2. Services

“Services” means access to America Books’ software, books, booklets, audio CDs, web sites, and whichever material provided by America Books.

3. General Service Conditions

Unauthorized use of the Services is a material breach of this Agreement and will result in immediate termination of this Agreement. If Client uses the Services after the expiration of the Evaluation Period, Client agrees to negotiate in good faith with America Books to enter into an America Books subscription agreement.

4. Confidentiality

America Books and Client mutually agree to use their best efforts to keep proprietary information received from the other confidential. Such material must be specifically and clearly marked as being confidential or proprietary. This Section shall not apply to any publicly available or independently developed information.

5. Limitation of Liability

FOR ALL EVENTS AND CIRCUMSTANCES, AMERICA BOOKS AND ITS AFFILIATES’ AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ON ACCOUNT OF PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STATUTE OR OTHERWISE WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT TO EXCEED THE AMOUNT THAT CLIENT PAID TO AMERICA BOOKS UNDER THIS AGREEMENT.

6. Disclaimer of Damages

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT WILL AMERICA BOOKS OR ITS AFFILIATES BE LIABLE TO CLIENT OR ITS AFFILIATES FOR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE; OR FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, LOSS OF DATA, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF AMERICA BOOKS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Warranty

EXCEPT AS EXPRESSLY PROVIDED BY A THIRD PARTY VENDOR DIRECTLY TO CLIENT UNDER A SEPARATE AGREEMENT, THE SERVICES, SOFTWARE AND ANY MATERIAL ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. AMERICA BOOKS DOES NOT GUARANTEE OR WARRANT THAT THE USE OF THE SERVICES, SOFTWARE OR MATERIALS WILL BE UNINTERRUPTED, COMPLY WITH REGULATORY REQUIREMENTS, OR BE ERROR FREE OR THAT AMERICA BOOKS WILL CORRECT ALL SOFTWARE AND BOOKS ERRORS. Client agrees that it is solely responsible for the results obtained from the use of the Software and Services.

8. Governing Law/Consent To Jurisdiction

The laws of the State of Florida, U.S.A., no choice of law rules of any jurisdiction will apply, excluding the application of its conflicts of law rules, will govern this EULA. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This EULA shall automatically terminate upon failure by you to comply with its terms. This EULA may only be modified in writing signed by an authorized officer of America Books.

9. Export Responsibilities

America Books may supply Client with technical data that may be subject to export control restrictions. America Books will not be responsible for compliance by Client with applicable export obligations or requirements for such technical data. Client agrees to comply with all applicable export control restrictions. In the event that Client breaches this Section 9, Section 5 of any end user license agreement, or any provision referencing those sections, America Books may terminate this Agreement and its obligations hereunder without liability to Client.

10. Complete Agreement

This Agreement constitutes the exclusive terms and conditions with respect to the subject matter of this Agreement, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by Client to place orders or otherwise effect transactions. This Agreement represents the final, complete and exclusive statement of the agreement between the parties with respect to subject matter of this Agreement and all prior written agreements and all prior and contemporaneous oral agreements with respect to the subject matter of this Agreement are merged therein. Any claim relating to the provision of the Services by America Books, its Affiliates and their personnel will be made against America Books alone.

11. Survival

Any provision of this Agreement that may reasonably be expected to survive its termination, including but not limited to Sections 3-11, will survive the termination of this Agreement.


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II- END USER LICENSE AGREEMENT

VERY IMPORTANT: ALL THE Software IS SOLD AS "SaaS" IT IS "Software AS A SERVICE OR RENT"

These license terms are an agreement between America Books Inc. and you. Please read them. They apply to the Software and the media on which you received it, if any.

By using the Software, you accept these terms. If you do not accept them, do not use the Software and the materials provided beyond the thirty (30) days Evaluation Period.

This End-User License Agreement ("EULA") is a legal agreement between you, either an individual or a single entity ("Customer" or "you"), and America Books Inc., ("America Books"). By installing, copying, or otherwise using the above Software product, including computer Software, associated media, any printed materials, and any "online" or electronic documentation, you agree to be bound by the terms of this EULA. CLICKING THE OPTION BUTTON "I accept the terms in the license agreement" OR INSTALLING OR USING THE Software INDICATES YOUR CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree to the terms of this EULA, do not use the Software and the materials provided beyond the thirty (30) days Evaluation Period.

MANDATORY INTERNET CONNECTION: Internet connection is mandatory for all the software provided by America Books Inc. If you do not have internet connection you are not going be able to use our Software.

MANDATORY ACTIVATION. Activation associates the use of the Software with a specific device. During activation, the Software will send information about the Software and the device to America Books Inc. This information includes the version, and Serial Number of the Software, the Internet protocol address of the device, and information derived from the hardware configuration of the device. By using the Software, you consent to the transmission of this information. You can activate the Software manually by Internet or telephone. Some changes to your computer components or the Software may require you to reactivate the Software.

VALIDATION.

a) The Software will validate the Software every time you use it, update or require download of the validation feature of the Software. Validation verifies that the Software is properly licensed.

b) During a validation check, the Software will send information about the Software and the device to America Books Inc. This information includes the version and Serial Number of the Software, and the Internet protocol address of the device. America Books Inc. can use the information to identify or contact you. By using the Software, you consent to the transmission of this information.

c. If, after a validation check, the Software is found not to be properly licensed, the license to use it will be immediately suspended and a message notifying you the problem could be displayed or a phone call from our representatives could be made to contact you. The suspension of the license could extend to the suspension of the license to use the materials that accompanies the Software.

STORAGE. You may store one copy of the Software on a storage device, such as a CD-ROM or DVD. You may use that copy to install the Software on any other device to which a license has been assigned.

SCOPE OF LICENSE. The Software is licensed, not sold. This agreement only gives you some rights to use the Software. America Books Inc. reserves all other rights. 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.

NOTICE

America Books may from time to time modify these terms and post a copy of the amended Agreement at:
http://ingleshispano.com/registration/agreement.htm

If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using our Software or, if applicable, cancel your Software Subscription Service subscription or rent. You will be deemed to have accepted the Agreement as amended if you continue to use our Software after any amendments are posted.

AGE REQUIREMENT

You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of the Software. If you are under 18 but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he or she must check the box below to enter into this Agreement on your behalf. Children under the age of 13 may not register for this Software, and parents or legal guardians may not register on their behalf. By checking the box indicating your acceptance to this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the Software.

REGISTRATION

To use the Software, you must register and provide certain information, including a Serial Number, a password and a valid email address, phone numbers, and address ("Registration Data"). You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. America Books will use your Registration Data in accordance with its privacy policy, which you can review at:
http://ingleshispano.com/garantia/Privacidad.htm

You agree that you will not allow others to use your Serial Number, password and/or account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify America Books immediately of any unauthorized use of your password and/or account. America Books shall not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless America Books, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

CHARGES / BILLING

Agreement to Pay. You agree to pay in full for all Materials and Software that you purchase or receive a license and America Books may charge your billing payment method for any such payment(s). America Books may, in its discretion, post charges to your billing payment method individually or may aggregate your charges with other purchases. You are responsible for keeping your account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the billing payment method you designate when you first make a purchase or incur a charge. If any of your billing information changes, you must update that information by notifying America Books about such changes.

Right to Change Prices. All prices for products are subject to change by America Books at any time.

REMEDIES

You agree that any unauthorized use of the Software, the Books, all the Materials, the Client or any related Software or materials would result in irreparable injury to America Books and/or its affiliates or licensors for which money damages would be inadequate, and in such event America Books, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that America Books, its affiliates and/or licensors may have under separate legal authority.

INDEMNITY

You agree to indemnify and hold harmless America Books and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Software, the Books, the Client or the Materials and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.

TERMINATION

America Books may in its sole discretion terminate this Agreement or suspend your account at any time without notice to you in the event that you breach (or America Books reasonably suspects that you have breached) any provision of this Agreement. If America Books terminates this Agreement, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you and America Books will not refund any amounts that you have previously paid.

You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with America Books.

Agreement to Pay recurring subscription fees (includes Payment Plans). By completing the Software Subscription or Rent, or a Payment Plan, you authorize America Books to charge applicable recurring subscription fees to your designated billing payment method. Recurring subscription fees could charge your payment method weekly, monthly, twice a month, etc. according to the client designation. If your billing payment method changes during the term of your subscription plan, you must immediately update the billing payment method associated with your America Books account. If America Books is unable to charge your billing payment method for an installment, America Books may: (i) immediately suspend or terminate your America Books account, (ii) seek collection of the outstanding amount owed under the subscription plan and/or (iii) seek legal action against you for breach of this Agreement. If you are renting the Software it is your absolute responsibility to notify America Books when you want to stop renting the Software and America Books will stop immediately charging your payment method. If you DO NOT notify America Books the cancellation of your renting account, America Books will continue charging your payment method indefinitely and NO REFUND will be offered.

America Books's EULA accompanies the products and related explanatory materials ("Software"). The term "Software" also shall include any computer Software or upgrades, associated media, any printed materials, and any "online" or electronic documentation upgrades licensed to you by America Books.

Upon your acceptance of this EULA, America Books grants to you a nonexclusive license to USE the Software, provided that you agree to the following:

1. Use of the Software. You may install (1) one copy of the Software on a hard disk or other storage device; Network and multi-user installations are PROHIBITED. This is a single user at a single machine license agreement. This license is NON-TRANSFERABLE. You may not resell, or loan this product to anyone by any means. This license DOES NOT grant ownership of Software. This license is for your use only for a granted amount of time. You may NOT distribute copies of the Software for ANY purpose. Copying the CD or other media from America Books for this purpose is prohibited and violates federal copyright laws. Violators will be prosecuted.

2. Term of Use. This License is effective for the allotted time ONLY. This license will expire automatically without notice from America Books IF you fail to comply with any provision of this License Agreement. Allotted time is guaranteed to be the expressed on the kind of license you purchased (please see details in Spanish at http://ingleshispano.com/licencias.html). You may not use the Software beyond the expiration date. The Software will notify you upon expiration. Upon expiration you shall return to America Books or destroy the written materials and all copies of the Software, including modified copies, if any.

3. Demo Versions. If America Books designates the Software as a "Demo" version, then Customer's license rights under this EULA shall extend solely until the demo version automatically expires. The Customer's use is restricted solely to their own use and SHALL NOT be distributed to potential revenue customers. The Customer must exercise reasonable judgment in whom the Customer allows to view the Demo. Customer colleagues viewing the Demo may be deemed as acceptable. The Customer may neither create nor distribute the Demo in any fashion in a way that jeopardizes revenue opportunity for America Books. Customer is specifically prohibited from placing the Demo in a public viewing area, common computer area, library, computer network, etc. Use beyond the evaluation period violates federal copyright laws. Demo versions are provided strictly on an "as is" basis.

4. Copyright and Trademark Rights. The Software is owned by America Books, and its structure, organization and code are the valuable trade secrets of America Books. The Software is protected by United States Copyright Law and International Treaty provisions. You may not use any trademarks of America Books without express written consent from America Books or insofar as required to identify printed output produced by the Software, and in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. This EULA does not grant you any intellectual property rights in the Software.

5. Restrictions. You agree not to modify, tamper, adapt, translate, reverse engineer, decompile, disassemble or otherwise ATTEMPT to discover the source code, structure or design of the Software.

6. No Warranty. The Software is being delivered to you AS IS and America Books makes no warranty as to its use or performance. AMERICA BOOKS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE Software OR DOCUMENTATION. AMERICA BOOKS AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL AMERICA BOOKS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN AMERICA BOOKS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

7. Governing Law and General Provisions. The laws of the State of Florida, U.S.A., no choice of law rules of any jurisdiction will apply, excluding the application of its conflicts of law rules, will govern this EULA. If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This EULA shall automatically terminate upon failure by you to comply with its terms. This EULA may only be modified in writing signed by an authorized officer of America Books.

VERY IMPORTANT: You MUST show PROOF OF PURCHASE in case you have to contact America Books for whichever reason, so please, keep your receipt as long as you pretend to use our Software.

YOUR ACCEPTANCE OF THE FOREGOING EULA WAS INDICATED DURING INSTALLATION.


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