This License Agreement is between you and Tabbery and governs your use of Tabbery 1.0 beta software, related software components, Third Party partners and documentation (all of which are referred to herein as the "Software"). Tabbery is willing to supply software only on the condition that the user accepts all of the terms in this agreement.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING SOFTWARE SUPPLIED BY TABBERY.  BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

Restrictions on Use. User shall not modify, reverse engineer, dissemble, reverse compile, distribute, rent, lease, assign or assign the Software, nor shall User create any derivative works of the Software. Customer shall not copy the Software, except as reasonably required for backup or archival purposes, and shall include Tabbery and its licensors’ copyright, patent, trademark, and other proprietary rights notices on all such copies. The Software shall remain the exclusive property of Tabbery and its licensors, and Tabbery reserves all rights not expressly granted to User.

Tabbery owns all rights, title and interest in and to the Software.  All rights not expressly granted to you are retained by Tabbery.  Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.

Personal Information and Privacy.  All personal information that you provide to us will be governed by the Privacy Policy, which is available at: http://www.tabbery.com/Privacy-Policy/.  We'd like your feedback on the Software so we can keep improving it.  You agree to answer questions regarding the Software posed by us from time to time.

Technical Support. Technical support is not provided for the Software.

No Warranty.  THE SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND TABBERY AND ITS SUPPLIERS MAKE NO WARRANTY AS TO ITS USE, RELIABILITY OR PERFORMANCE.  TABBERY AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.  TABBERY AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.  YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR BETA SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS.  YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE BETA SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE.

Indemnification.  You agree to indemnify and hold Tabbery, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Software, or the infringement by you, of any intellectual property or other right of any person or entity.

Limitation of Liability.  IN NO EVENT WILL TABBERY OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, OR ANY LOSS OF REVENUE, DATA, USE, OR PROFITS, EVEN IF A TABBERY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT OR OTHER LEGAL OR EQUITABLE THEORY.  Some States do not allow the exclusion or limitation of incidental or consequential damages, or the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you.

Term and Termination.  This Agreement will automatically expire on the first day Tabbery makes available the production version of the Software (as announced on the Tabbery web site: www.Tabbery.com), unless earlier terminated as set forth below in this paragraph.  Either Tabbery or you may terminate this Agreement at any time. This Agreement shall terminate automatically, without notice, if you fail to comply with the terms of this Agreement.  Upon any termination of this Agreement, you must discontinue use of the Software and uninstall and destroy all copies of the Software you have obtained or made.

Modification.  Tabbery may modify the Software and this Agreement with notice to you either in email or by publishing content on the Tabbery website, In the event Tabbery modifies the Software or the Agreement, you may terminate this Beta Agreement and cease using of the Software.  Tabbery may terminate the Agreement or the Tabbery Service at any time, with or without notice.

Governing Law.  This Agreement will be governed by the laws of the United States and the State of New York, excluding the application of its conflicts of law rules.  You consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New York State.

Government Rights. The Software and accompanying documentation are provided with restricted rights.  Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(iii) of DFARS 252.227-7013 (The Rights in Technical Data and Computer Software) or subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the Commercial Computer Software Restricted Rights), as applicable.  The manufacturer is Tabbery.

General.  The Agreement constitutes the entire agreement between you and Tabbery and governs your use of the Software, superceding any prior agreements between you and Tabbery.  If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect.  The parties acknowledge that the manufacture and sale of the Software is subject to the export control laws of the United States of America, including the U.S. Bureau of Export Administration regulations, as amended, and hereby agree to obey any and all such laws.  You may not assign this Agreement, and any assignment of this Agreement by you will be null and void.

Contact Information.  If you have any questions about this Agreement, please contact us at info@Tabbery.com.  If you have any questions about licensing that aren't answered on our website, please contact us at info@Tabbery.com.

Miscellaneous Provisions.  These License will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the License to be unenforceable, the remainder of the License will continue in full force and effect.

This License constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.