License Agreement

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End User License Agreement for Universal Life Analyzer Software and Services

Thank you for selecting Universal Life Analyzer template for Microsoft Excel 2003 and earlier versions (the "Software") to prepare analyses of Universal Life Insurance Policies. This end user license agreement (the "EULA") is a contract between you and FinanceXpert.com, Inc. and Fee Advisors Network that describes the terms and conditions applicable to your use of the Software and associated services identified below. Before using the Software, you must read and accept the terms and conditions contained in this EULA. If you do not accept this EULA you will not be able to use the Software, and may return it to the place of purchase within 60 days of your purchase with a dated receipt for a full refund. If the vendor is unwilling to issue a refund or you obtained the Software directly from FinanceXpert.com, Inc. and Fee Advisors Network, return it to the address indicated in Section 6 below. The term "Software" also includes any updates or maintenance releases of the Software that FinanceXpert.com, Inc. and Fee Advisors Network may provide to you or make available after the date you obtain your initial copy of the Software, unless accompanied by separate terms.

1. License Grant. FinanceXpert.com, Inc. and Fee Advisors Network grants a personal, limited, non-exclusive, non-transferable license to install and use the Software for a term of one year from the date of the first installation of the software by a licensee to the person  who purchases an authorized license to use the Software subject to your compliance with this EULA. In connection with the foregoing license grant, you may:

• (i)                  install and use a copy of the Software on one or more computers owned by you (at home or at work);
• (ii)                make one backup copy of the Software for personal use as permitted under this license grant.

Except as expressly stated above, you are not licensed or permitted to do any of the following:

• (i)                  make any copies of the Software, or allow any other person to use the Software, unless such person is a staff or personal assistant to you and uses said software under your direction for your specific policy analysis activity;
• (ii)                rent, loan, resell or distribute the original disk or a copy of the Software to any other person;
• (iii)               make the Software available on any file-sharing service;
• (iv)              electronically send the Software to any other person; or
• (v)                copy the printed materials or user documentation accompanying the Software other than as necessary to support uses of policy analysis for individuals as permitted above.
• (vi)              (vi) Make use of the Software to provide services to any life insurance company, financial institution (other than your own firm), broker-dealer, custodial firm, bank, or   other such entity, unless a waiver to do so has been granted by Financexpert.com and Fee Advisors Network. Said waiver may be requested, in writing, and may be forwarded to the appropriate address as stated in this agreement, or by email.

Any person who received the Software through any of the forgoing prohibited methods, or through any method other than purchasing a license for this Software from FinanceXpert.com, Inc. and Fee Advisors Network or an FinanceXpert.com, Inc. and Fee Advisors Network authorized reseller, is not authorized to use such Software.

You agree to register the Software (unless you obtained the Software directly from FinanceXpert.com, Inc. and Fee Advisors Network) so that FinanceXpert.com, Inc. and Fee Advisors Network can notify you of updates or corrections to the Software and in order to obtain the benefit of any warranties or guarantees given or made by FinanceXpert.com, Inc. and Fee Advisors Network with respect to the Software or FinanceXpert.com, Inc. and Fee Advisors Network Services. In this regard, you agree to keep FinanceXpert.com, Inc. and Fee Advisors Network apprised promptly of any change in your email address, mailing address and/or phone number so that you can be notified of such updates or corrections.

2. Guarantees. Accuracy of Universal Life Analyzer Calculations. FinanceXpert.com, Inc. and Fee Advisors Network diligently works to ensure the accuracy of the calculations.

If you believe a calculation error occurred, you must notify FinanceXpert.com, Inc. and Fee Advisors Network in writing at FinanceXpert.com, Inc. and Fee Advisors Network Inc. 1420 NW Gilman Boulevard #2656, Issaquah, WA 98027 as soon as you learn of the mistake.  You are responsible for providing any other information FinanceXpert.com, Inc. and Fee Advisors Network reasonably requests.

3. Reservation of Rights and Ownership. FinanceXpert.com, Inc. and Fee Advisors Network reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright, trade secret and other intellectual property laws. FinanceXpert.com, Inc. and Fee Advisors Network owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of FinanceXpert.com, Inc. and Fee Advisors Network.

You shall not decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law notwithstanding this prohibition.

You must indemnify and defend FinanceXpert.com, Inc. and Fee Advisors Network against any claims or lawsuits, including attorneys' fees that arise from or result from the use of the Software on a professional or commercial basis.

4. FinanceXpert.com, Inc. and Fee Advisors Network Services & Third Party Services ("Services")

A. FinanceXpert.com, Inc. and Fee Advisors Network Services.

Help and Support. FinanceXpert.com, Inc. and Fee Advisors Network may use a variety of methods (e.g., in-product, Internet, fax and phone) to provide technical support and customer service in connection with the Software and FinanceXpert.com, Inc. and Fee Advisors Network Services. The terms and conditions governing the offering of this support, some of which require the payment of an additional fee, are subject to change as announced by FinanceXpert.com, Inc. and Fee Advisors Network from time to time.

FinanceXpert.com, Inc. and Fee Advisors Network may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its software and services ("Feedback"). You agree that FinanceXpert.com, Inc. and Fee Advisors Network may, in its sole discretion, use the Feedback you provide to FinanceXpert.com, Inc. and Fee Advisors Network in any way, including in future modifications of the Software, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant FinanceXpert.com, Inc. and Fee Advisors Network a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to FinanceXpert.com, Inc. and Fee Advisors Network in the Feedback.

B. Third Party Services. In connection with the promotion or your use of the Software, you may be made aware of services, products, offers and promotions provided by third parties, and not by FinanceXpert.com, Inc. and Fee Advisors Network. When you use Third Party Software or Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Software or Services. Your participation in such Third Party Software or Services indicates your acceptance of such terms and conditions. You agree that the third party, and not FinanceXpert.com, Inc. and Fee Advisors Network, is responsible for the performance of the Third Party Services.

You are responsible for providing, at your expense a valid license to use Microsoft Excel 2003 or earlier versions and any access to the Internet (if required by any software or services provided under this EULA) as well as any required equipment. Further, FinanceXpert.com, Inc. and Fee Advisors Network may at any time change or discontinue any aspect, availability or feature of the Services.

5. Privacy of Personal Information. For details of FinanceXpert.com, Inc. and Fee Advisors Network's Privacy Promise relating to the Software contact FinanceXpert.com, Inc. and Fee Advisors Network Inc., Customer Communications, 1420 NW Gilman Boulevard #2656, Issaquah, WA  98027.

6. Limited Warranty. If the disk on which the Software is stored is defective, then return the disk to FinanceXpert.com, Inc. and Fee Advisors Network Inc., Returns Department, 1420 NW Gilman Boulevard #2656, Issaquah, WA 98027 within 60 days of shipment (or in the case of a retail purchase, within 60 days of purchase) with a dated receipt or packing slip, and a replacement disk will be mailed to you.

7. Disclaimer Of Warranties. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SOFTWARE AND SERVICES ARE PROVIDED "AS-IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINANCEXPERT.COM, INC. AND FEE ADVISORS NETWORK, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "REPRESENTATIVES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR SERVICES, DISK AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. FINANCEXPERT.COM, INC. AND FEE ADVISORS NETWORK DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SOFTWARE, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

All warranties or guarantees given or made by FinanceXpert.com, Inc. and Fee Advisors Network with respect to the Software or FinanceXpert.com, Inc. and Fee Advisors Network Services (1) are for the benefit of the registered user of the Software only and are not transferable, and (2) shall be null and void if a registered user breaches any terms or conditions of this EULA.

8. Limitation of Liability and Damages. YOU AGREE NOT TO HOLD FINANCEXPERT.COM, INC. AND FEE ADVISORS NETWORK LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR PARTICIPATION IN THIRD PARTY SERVICES AND FOR YOUR FAILURE TO UPDATE THE SOFTWARE. ADDITIONALLY, EXCEPT FOR THE REIMBURSEMENT FOR CALCULATION ERRORS DESCRIBED ABOVE, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF FINANCEXPERT.COM, INC. AND FEE ADVISORS NETWORK AND ITS REPRESENTATIVES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE OR SERVICES, AS APPLICABLE, TO FINANCEXPERT.COM, INC. AND FEE ADVISORS NETWORK OR ITS AUTHORIZED RESELLER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINANCEXPERT.COM, INC. AND FEE ADVISORS NETWORK AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, TAX POSITIONS TAKEN BY YOU, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF FINANCEXPERT.COM, INC. AND FEE ADVISORS NETWORK OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES FINANCEXPERT.COM, INC. AND FEE ADVISORS NETWORK ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FINANCEXPERT.COM, INC. AND FEE ADVISORS NETWORK AND YOU. FINANCEXPERT.COM, INC. AND FEE ADVISORS NETWORK WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.

9. Miscellaneous. This EULA is a complete statement of the agreement between you and FinanceXpert.com, Inc. and Fee Advisors Network, and sets forth the entire liability of FinanceXpert.com, Inc. and Fee Advisors Network and its Representatives and your exclusive remedy with respect to the Software and Services and their use. The agents, employees, distributors, and dealers of FinanceXpert.com, Inc. and Fee Advisors Network are not authorized to make modifications to this EULA, or to make any additional representations, commitments, or warranties binding on FinanceXpert.com, Inc. and Fee Advisors Network. Any waiver of the terms herein by FinanceXpert.com, Inc. and Fee Advisors Network must be in a writing signed by an authorized officer of FinanceXpert.com, Inc. and Fee Advisors Network and expressly referencing the applicable provisions of this EULA. If any provision of this EULA is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This EULA will be governed by State of Washington law as applied to agreements entered into and to be performed entirely within Washington, without regard to its choice of law or conflicts of law principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in King County, Washington. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. This EULA does not limit any rights that FinanceXpert.com, Inc. and Fee Advisors Network may have under trade secret, copyright, patent or other laws.

This EULA may be terminated by FinanceXpert.com, Inc. and Fee Advisors Network immediately and without notice if you fail to comply with any term or condition of this EULA. Upon such termination, you must immediately cease using the Software, and delete or destroy all complete and partial copies of the Software, including all backup copies. FinanceXpert.com, Inc. and Fee Advisors Network shall have the right to change or add to the terms of its EULAs at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Software or Services (including but not limited to internet based services, pricing, technical support options, and other product-related policies) upon notice by any means FinanceXpert.com, Inc. and Fee Advisors Network determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in the Software or on any FinanceXpert.com, Inc. and Fee Advisors Network sponsored web site, including but not limited to the web site listed above.

10. Export Restrictions. You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export Administration Act of 1979, as amended, and the Export Administration Regulations there under ("the Acts"). You agree and certify that neither the Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts. You further agree and certify that neither the Software nor any direct product thereof will be exported to: (1) the following countries which are currently subject to U.S. trade embargoes: Cuba, Iran, Libya, North Korea, Sudan and Syria; or (2) persons or entities on the U.S. "Denied Persons List," "Specially Designated Nationals List," and "Entities List."

11. U.S. Government Restricted Rights. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. FinanceXpert.com, Inc. and Fee Advisors Network Inc., 1420 NW Gilman Boulevard, Issaquah, WA  98027.

Requires Microsoft Excel™ for Office 2003 - Universal Life Analyzer is designed to work on computers that use Microsoft’s XP operating systems and Microsoft Office 2003.  We cannot assure proper functionality of Universal Life Analyzer for users who have other versions of these Microsoft products installed on their computers.