Evaluation License

• Evaluation License is available to users for limited 30-day use for product evaluation purposes.
• This trial is subject to change without notice in the case of a product update with a limitation of the license period and functions.
  There is no direct technical support by Tomato System Co., Ltd for this evaluation license.

Retail License

• Provided to users who have obtained the Certificate of Authenticity or the equivalent right from Tomato System Co., Ltd. and
  agents (including agents, directors, officers, employees, and representatives) by due process.
• Retail licenses are extended product upgrades and technical support services. Technical support is available through the product site (www.exerd.com) or email (exerd@tomatosystem.co.kr).
• For details not specified above, follow the eXERD ™ Software License Agreement below.

eXERD ™ Software License Agreement

Please read this License Agreement carefully before using eXERD ™ software.
By installing or using the software, you agree to be bound by all terms of this agreement.
Do not install or use the software if you do not agree to the terms of this agreement.
This software includes related media and printed materials, and you agree to the terms of your license if you download, install, copy, unpack, or use the CD.
This agreement is a contract for the use of the eXERD software between Tomato System Co., Ltd. and the Tomato System software user (individual or organization).
When you install the software, you are deemed to have read, understood and accept all of the terms and conditions of this Agreement. You further acknowledge that the terms of this License Agreement supersede any past orders, promises, advertisements, or written agreements between you and Tomato System Co., Ltd.

Software License
1. Software License Agreement and End User Obligations: Tomato System Co., Ltd. grants the user the right to use this software obtained fairly by the user. The user has a duty to not reveal the product number or CD key of the licensed product lest others should illegally use the software. Tomato System Co., Ltd. shall not be liable for damages caused by such user's breach of the duty of care.
2. User Limit: The software may not be installed on more than one computer. The user may not move, copy or store this software to another computer or storage devices such as network servers. However, the user may make one (1) additional copy for the convenience of installing or storing for private use.
3. Upgrade: For the upgrade of this software, the user should possess the right of use for the old version of the product approved by Tomato System Co., Ltd. If you have upgraded from an older version, the license and right of use for the old version are absorbed to that of the new version. Therefore, on purchasing a new product with an upgrade mark, it is prohibited to transfer, rent, or resell the right of use of the old version. The use of the older version is only allowed for users who possess the right of use of the new version. The user may operate the older version on the condition that the user DOES NOT run both versions at the same time. Furthermore, if there are any appendages excluded in the new version, the user retains the right of use over those appendages from the old version that shall still remain licensed.
4. Other Users: If the user intends to install or provide services related to this software on a network server, the user must consult with Tomato System Co., Ltd. separately. Although the user has the right of use for individual use on the network, if the user installs wants to use executables on a network server, they must purchase the proper license software for the number of concurrent users on the network or for the number of executables installed on the local drive.

Other rights and restrictions
1. Transfer of Right-of-Use: The original holder (transferor) of this software can transfer all the user rights specified in this Agreement, on the condition that the transferee agrees with the terms of the Agreement. The transferor should include the right of use of the product and all the related appendages (such as Use Right License Agreement Certificate, the old version in case of upgraded product, etc.). Once having transferred the right of use, the previous user loses all the right of use over the product; the user cannot use the software and must delete the private copy (if any) made for convenience. After completion of the transfer, the transferee should be registered as a changed user in Tomato System Co., Ltd. in order to receive the full right of use, protection, and technical support from Tomato System Co., Ltd.
2. Rental Prohibitions: The user may NOT rent or lease this software product.

Copyright
1. Tomato System Co., Ltd. (or its supplier) have total copyright and intellectual property rights of this software product including belongings (all images, photographs, animations, clip art, text, and program), printouts, and copies of this software. This right is protected by the copyright laws of the Republic of Korea and Universal Copyright Convention.
2. The user MUST agree to comply with the copyright laws of the Republic of Korea and international copyright treaties under the Universal Copyright Convention. The user CANNOT reverse engineer, decompile or disassemble the software, a direct violation of the applicable laws relating to the use of this software. The user CANNOT copy, modify or adapt components of the software in any way, nor copy or distribute this product or any of its related materials without prior written consent of Tomato System Co., Ltd.
3. In the event that the user violates any component of the copyright stated in the preceding paragraph, Tomato System Co., Ltd. may charge the user for all damages caused by the infringement of the copyright.

Limitations and Disclaimers of Warranties
Tomato System Co., Ltd. guarantees that there will be no physical defects in the CD and other accessories for 90 days from the date of purchase. In the event of a defect due to product manufacturing during this period, we will replace it free of charge. If the user wishes to exchange the product, they must have proof that it has not passed 90 days from the date of purchase. The product will not be replaced due to the user's negligence, mistake, or any damage caused by negligence. In addition, Tomato System Co., Ltd. does NOT guarantee that the functions included in this software will be suitable for the user's specific purpose, and is not responsible for the results of users using this software.

Refund regulation
1. When a user cannot operate the software or achieve the purpose of use due to significant function errors, the user may request a refund by email on the main website within a week from purchase. Upon receiving the request, the refund manager will review and notify the user of the results. Once the result is confirmed as a refund, Tomato System Co., Ltd. will refund the payment within 7 days from the result notification.
2. The user requesting a refund should provide the objective resources to prove product defects and the reason for a refund.
3. Refund requests made after 7 days from purchase CANNOT be accepted.

Retail User Registration and Support
Users should register themselves as registered users after purchasing the product. Tomato System Co., Ltd. only provides technical support for registered users and also provide revised versions of the software product at a discounted price.

Governing Law and Jurisdiction
This Software License Agreement is governed by the laws of the Republic of Korea. All legal disputes, including lawsuits relating to this Software License, are under the exclusive jurisdiction of the Seoul District Court of the Republic of Korea.