End User License Agreement

Talent Board CandE Results Platform V.1.0

Copyright (c) 2015 Talent Board

*** END USER LICENSE AGREEMENT ***

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

1. LICENSE

By receiving, opening the file package, and/or using Talent Board Candidate Experience (CandE) Employer and Candidate Survey Results Platform V.1.0 ("Software") containing this software, you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Talent Board your use of Talent Board CandE Survey Results Platform V.1.0 indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Talent Board grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Talent Board CandE Survey Results Platform V.1.0 in accordance with this Agreement and any other written agreement with Talent Board. Talent Board does not transfer the title of Talent Board CandE Survey Results Platform V.1.0 to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Talent Board and the purchasers or users of Talent Board CandE Results Platform V.1.0.

If you do not agree to be bound by this agreement, remove Talent Board CandE Survey Results Platform V.1.0 from your computer now and, if applicable, promptly return to Talent Board by mail any copies of Talent Board CandE Survey Results Platform V.1.0 and related documentation and packaging in your possession.

2. DISTRIBUTION

Talent Board CandE Survey Results Platform V.1.0 and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Talent Board CandE Survey Results Platform V.1.0 contact Talent Board at support@thetalentboard.org.

3. USER AGREEMENT

3.1 Use

Your license to use Talent Board CandE Survey Results Platform V.1.0 is limited to the number of licenses assigned to you. You shall not allow others to use, copy or evaluate copies of Talent Board CandE Survey Results Platform V.1.0.

3.2 Use Restrictions

You shall use Talent Board CandE Survey Results Platform V.1.0 in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Talent Board CandE Survey Results Platform V.1.0 together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of Talent Board CandE Survey Results Platform V.1.0 may be used on one single computer location by one user. Use of Talent Board CandE Survey Results Platform V.1.0 means that you have loaded, installed, or run Talent Board CandE Survey Results Platform V.1.0 on a computer or similar device. If you install Talent Board CandE Survey Results Platform V.1.0 onto a multi-user platform, server or network, each and every individual user of Talent Board CandE Survey Results Platform V.1.0 must be licensed separately.

You may make one copy of Talent Board CandE Survey Results Platform V.1.0 for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Talent Board CandE Survey Results Platform V.1.0. The assignment, sublicense, networking, sale, or distribution of copies of Talent Board CandE Survey Results Platform V.1.0 are strictly forbidden without the prior written consent of Talent Board. It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of Talent Board CandE Survey Results Platform V.1.0. If any person other than yourself uses Talent Board CandE Survey Results Platform V.1.0 registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

3.3 Copyright Restriction

This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Talent Board CandE Survey Results Platform V.1.0. Nor can you create any derivative works or other works that are based upon or derived from Talent Board CandE Survey Results Platform V.1.0 in whole or in part.

Talent Board's name, logo and graphics file that represents Talent Board CandE Survey Results Platform V.1.0 shall not be used in any way to promote products developed with Talent Board CandE Survey Results Platform V.1.0 . Talent Board retains sole and exclusive ownership of all right, title and interest in and to Talent Board CandE Survey Results Platform V.1.0 and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Talent Board CandE Survey Results Platform V.1.0, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Talent Board.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Talent Board, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Talent Board's Software.

In no event (including, without limitation, in the event of negligence) will Talent Board, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Talent Board CandE Survey Results Platform V.1.0 or the use or inability to use Talent Board CandE Survey Results Platform V.1.0 or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Talent Board's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Talent Board ) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Talent Board.

3.5 Warranties

Except as expressly stated in writing, Talent Board makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

3.6 Governing Law

This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Talent Board CandE Survey Results Platform V.1.0 and destroy all copies of Talent Board CandE Survey Results Platform V.1.0 supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

4. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY Talent Board CandE Survey Results Platform V.1.0 AS WELL.

5. CONSENT OF USE OF DATA

You agree that Talent Board may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Talent Board CandE Results Platform V.1.0. Talent Board may also use this information to provide notices to you which may be of use or interest to you.