The terms and conditions of this ADDENDUM are intended to supplement the attached Software License Agreement (“Agreement”) between NiceWare International, LLC (“Licensor”) and ___________________________________________________________ (“Customer”). The Customer, by signing below, acknowledges that the consideration set forth in the Agreement supports the conditions, covenants, and restrictions set forth herein, as if they were part of the Agreement.

As set forth in the Agreement, legal title to the Software and Software documentation provided under the Agreement shall remain in Licensor as its sole property subject to Customer’s rights specified in the Agreement.

Customer agrees that the Software and all related data, whether oral or written, furnished under the Agreement constitute a valuable asset and trade secret of Licensor, and are provided for Customer’s exclusive use for the purpose of the Agreement and will be held in confidence.

Customer covenants and agrees not to duplicate or disclose the Software or related documentation in whole or in part, for its own use or for the use of others, and to protect such information in the same fashion as it protects its own proprietary or confidential information.

Upon return of the Software to Licensor, or upon termination of the Agreement for any reason, Customer agrees to return immediately to Licensor all Software programs, related documentation, and all copies of such programs and documentation in the possession of Customer or any of Customer’s agents or other parties to whom Customer may have provided copies thereof, in the form provided by Licensor, or as modified by Customer, and to make no further use, or to allow further use, of the Software.

In the event of breach or default of any of the covenants, conditions, or restrictions contained herein, Customer agrees to pay Licensor as liquidated damages, and not as a penalty, an amount equal to the license fee then charged by the Licensor for the Software multiplied by each calendar day that the Customer uses, or permits the use, of the Software.

Should either party be required to seek the services of an attorney to enforce its rights under the Agreement or this Addendum, the prevailing party in such action shall be entitled to recover reasonable attorney fees, legal costs, and other collection fees and costs incurred by that party in connection with the suit.

If any provision or part of the Agreement shall be declared illegal, void, or unenforceable, the remaining provisions shall continue in full force and effect.
 
Product Serial Number: ____________________________________________________
  
Dated: ____________________ Customer: _____________________________________