This Automatic Recurring Payment Agreement (the “Agreement”) is a contract between you and Tri-Bar, LLC also known as FotoZoomer (“FZ”) to set up your automatic recurring payment for software subscription usage. Please verify that all information provided is complete and accurate before electronically signing your agreement. Your electronic completion of this form is considered a signed Agreement to use the FotoZoomer software subscription service you chose during this process. Your request may take up to 72 hours or 3 business days to process. No other discounts are eligible or available when taking advantage of recurring payment plans. Your information will be stored and used in the Tri-Bar, LLC, FotoZoomer Automatic Recurring Payment Agreement each year if you wish to continue use any of the FZ program products program. Frequency of Payments An automatic recurring payment will be made monthly, any missed payments due to rejection or decline will allow FZ to suspend the use of the software until such payment is made. If payment is rejected or declined FZ may suspend the use of the software as well once payment has been made you agree that the initial recurring charge date is the valid date, and your recharge date will be reset to the day of the initial charge attempt. By completing this form, you also agree to give a notice of cancelation no less than 30 days prior to your next billing cycle. You also agree that all charges are considered valid so long as you do not make any request to cancel your software agreement in writing to firstname.lastname@example.org. You will not receive any advance notice of this or any payment/charges for which you subscribed, but you will receive a post-payment confirmation email following all automatic recurring payments. Automatic Recurring Payment Failure If your automatic recurring payment is declined or unable to be processed for any reason, you will be contacted by phone or email. We may in our sole discretion permanently restrict your ability to use a certain payment method if that payment method fails. In the event any payment is not made, and you do not make the required payment by the end of your billing cycle, your service will be suspended or cancelled. Changing Automatic Recurring Payment If you would like to change your automatic recurring payment method including, for example, making a change from one credit card that was initially selected to another credit card, you must authorize the recurring payment with the new credit card by logging into your FotoZoomer subscription account and updating the information to charge the new payment method. Any changes are subject to approval by FZ. If the change is in need of approval, your previously-approved payment method will be terminated within 24 hours of approval. AGREEING TO THESE CONDITIONS By providing my credit (“Payment Method”), I AGREE that I have read and understand this Agreement. In addition, I authorize FZ to charge the full amount required by my payment for the amount subscribed to during the signup process for the FotoZoomer software to the specified Payment Method; and I authorize the financial institution for the Payment Method specified above to charge my account and remit payment for my service to FZ. This authority will remain in effect until I give notification, as required under this Agreement, to terminate this authorization; provided, however, that no termination of authorization will relieve me of any obligation to pay amounts due for purchases or services I have made or received. I represent and warrant that I have full authority to enter into this Agreement and make the representations herein. I will cooperate to execute any documents that may be reasonably required to effectuate the foregoing authorization. I further represent and warrant that any purchases under this Agreement will be for business or commercial purposes, and will not be for personal, household or family purposes. I make this warranty to confirm that no disclosures under the Federal truth-in-lending law are required and that the transaction is not governed by the Nevada Consumer Act because the purchases at issue are not primarily for a personal, family or household purpose. FotoZoomer - Biz Card - FZ Passport - FZ Design Suite - FZ Eagle Eye Software Bundled License Agreement IMPORTANT - READ CAREFULLY: This is a legal agreement between you (either an individual or an entity and hereinafter referred as “You” or “Your”) and FotoZoomer, Inc. (hereinafter referred to as “FotoZoomer”) software for the FotoZoomer Design Center, Biz Card, FZ Passport, FZ Design Suite and FZ EagleEye bundled software products identified above, which includes computer software and associated media, and may include printed materials and online or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE TO THE TERMS OF THIS AGREEMENT OR ARE UNABLE TO FORM A LEGAL CONTRACT WITH FOTOZOOMER, DO NOT INSTALL AND/OR USE THIS SOFTWARE. YOUR USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY YOU WITH THE TERMS OF THIS AGREEMENT. Software Product License 1. THE BUNDLED SOFTWARE PRODUCT LISTED IN THIS AGREEMENT IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THIS PROGRAM, OR ANY PORTION OF IT, MAY RESULT IN SEVERE CIVIL AND/OR CRIMINAL PENALTIES AND WILL BE PROSECUTED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW. THE SOFTWARE PRODUCT IS LICENSED, NOT SOLD. 2. GRANT OF LICENSE. This Agreement permits You the nonexclusive, nontransferable right to the use of one copy of the FotoZoomer product and related bundled software (the "Software"), which may include electronic documentation, on a single network for a single store. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM drive or other storage device) of any computer on that network, for so long as You are current in Your payment obligations to FotoZoomer. This license is not transferable to any other system, or to another organization or individual. For registered users of the software, FotoZoomer will provide access for subscription during the paid timeframe, intermittent updates, bug fixes, and technical support. Except as expressly stated herein, this Agreement does not grant You any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the Software. You expressly agree that You are not a person barred from receiving the Software under the laws of the United States or other applicable jurisdiction. 3. TERM AND TERMINATION. This Agreement will be valid for as long as You are using the Software in any manner. This Agreement will automatically and immediately terminate if You fail to comply with any of the terms or conditions of this Agreement, or if You fail to make any payment when due to FotoZoomer. Upon such termination, You must uninstall and destroy all copies of the Software. Notwithstanding anything herein to the contrary, FotoZoomer reserves the right to immediately and without advance notice, block access to the Software upon a breach of this Agreement by You. 4. CUSTOMER SUBMISSIONS. FotoZoomer welcomes comments and suggestions regarding Software. However, by submitting any comments, ideas, suggestions or other materials to FotoZoomer, You automatically grant to FotoZoomer a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the any such submissions or any ideas, concepts, know-how or techniques associated with the any such submissions (or any portion of them) for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to You or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of FotoZoomer. Additionally, You warrant and represent to FotoZoomer that all moral rights in all such submissions are waived. 5. CONSENT OF USE DATA. You agree that FotoZoomer and its subsidiaries may collect and use technical and related information, including but not limited to technical information about Your computer, system and application software, peripherals, and account numbers and/or other information which is stored in FotoZoomer or any other related program or successor program and which is gathered periodically to facilitate the provision of software updates, product support and other services to You and related to the Software. FotoZoomer may use this information to improve our products. 6. COPYRIGHT. All intellectual property rights in the Software (including all images and text incorporated into the Software) are owned by FotoZoomer, its suppliers and licensors and are protected by United States copyright laws and international treaty provisions. FotoZoomer, its suppliers and licensors retain all rights not expressly granted. You must treat the Software like any other copyrighted material, except that You may make one copy of the Software solely for backup or archival purposes or transfer the Software to a single network provided You keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software. You may not loan, rent or lease the Software. You may transfer Your rights under this Agreement on a permanent basis provided it is a complete transfer of all aspects related to the Software, including but not limited to You transferring the license granted by this Agreement, the Software and all associated printed materials and retain no copies, and the recipient agrees to the terms of this Agreement. You may not distribute printed copies of any user documentation provided in electronic format. Regardless of the type of media You receive, you may only use the portion appropriate for Your single store/business network. You may not modify, reverse engineer, disassemble or decompile, or otherwise seek to discover the source code of the Software. You may not duplicate the Software except for a sufficient number of copies for Your licensed use and may only have one copy of each Software media. You may not assign, transfer, rent, sublicense, or otherwise provide unlicensed third parties access to any version(s) of the Software or Related Materials, or Your rights under this Agreement. You may not publish or disclose any results of any benchmark tests run on the Software. 7. NO OTHER WARRANTIES. FOTOZOOMER DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, UNLESS OTHERWISE LIMITED BY CERTAIN JURISDICITIONS; IN WHICH CASE THESE EXCLUSIONS ARE ONLY LIMITED IN SCOPE TO COMPLY WITH SUCH LAWS OF THAT JURISDICITON. 8. EXPORT AND OTHER LAWS. Notwithstanding any other provision of this Agreement, You shall at all times remain solely responsible for complying with all applicable laws or regulations relating to export and re-export control (collectively, “Export Laws”) and for obtaining any applicable authorization or license under the Export Laws, if any. You agree to indemnify, defend and hold harmless FotoZoomer and its representatives and affiliates from and against any fine, penalty, claim, suit, demand, liability, cause of action, damage or cost (including reasonable attorneys’ fees) for any actual or alleged violation of any Export Laws arising from any use under this Agreement. 9. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license in a manner so as to effectuate the purpose and terms of the Agreement as a whole. 10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FOTOZOOMER OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF FOTOZOOMER’S SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FOTOZOOMER’S SOFTWARE LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY. 11. ENTIRE AGREEMENT. This is the entire agreement between You and FotoZoomer which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license. 12. GOVERNING LAW. This Agreement will be governed by the laws in force in the State of Nevada and shall exclude that body of law known as conflicts of law, the United Nations Convention on Contracts for the Sale of Goods, and the Uniform Computer Information Transactions Act. 13. NO WAIVER. Waiver by either party of strict performance of any provision of this Lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. Copyright (c) 2004 - 2022 FotoZoomer, LLC. All rights reserved.