End-user License Agreement For A by wuyunyi


									                     ECP Software Installation Agreement

Dear Agent,

Thank you for your recent order of the “ECP Income Recovery Solutions”
software program. This software is “state of the art” and will destroy any
competitive analysis by your competitors. If you follow the directions for the
program, it will take you to the very top of commissionable production for your
annuity company.

Please take the audio & interactive movie lessons within the software, write down
any questions you may have, and then give me a call at 1-866-236-1382.

John W. Bagwell
Annuity Selling Systems.com, LLC
 ECP Income Recovery Solutions

Important-Read Carefully: This End-User License Agreement (“EULA”) is a legal
agreement between you, either an individual or a single entity, (“LICENSEE”) and Annuity
Selling Systems.com, LLC, (“MANUFACTURER”), the MANUFACTURER of the software
identified above (“SOFTWARE”). The SOFTWARE includes the COMPUTER software and
may include associated media, printed materials, "online" or electronic documentation, and
Internet-based services. The terms of a printed, paper EULA, which may accompany the
SOFTWARE, supersede the terms of any on-screen EULA. This EULA is valid and grants the
end-user rights Only if the SOFTWARE is genuine.

By installing, copying, downloading, accessing or otherwise using the SOFTWARE, you are
certifying to the MANUFACTURER that you have read and fully understand the terms of this
EULA, and that you agree to be bound by the terms of this EULA. If you do not agree to the
terms of this EULA, you may not use or copy the SOFTWARE, and you are required to
promptly contact the MANUFACTURER and to fully comply with the requirements of this
EULA for Destruction of Software Upon Termination.

1. Definitions
Access: The term “ACCESS” and variants thereof shall mean to store data in, retrieve data from
or otherwise approach or make use of (directly or indirectly) through electronic means or
otherwise the SOFTWARE.

Computer: The term “COMPUTER” as used herein shall mean the HARDWARE, if the
HARDWARE is a single COMPUTER system, or shall mean the COMPUTER system with
which the HARDWARE operates, if the HARDWARE is a COMPUTER system component.

Effective Date: The term “EFFECTIVE DATE” shall mean the date this SOFTWARE
LICENSE is purchased by the LICENSEE.

License Term: The term “LICENSE TERM” shall mean a period of time starting with the
EFFECTIVE DATE and continuing for 12 months.

Unauthorized Access: The term “UNAUTHORIZED ACCESS” shall mean any access to the
SOFTWARE by unauthorized users.

Unauthorized User: The term “UNAUTHORIZED USER” shall mean any individual who
accesses the SOFTWARE except for the LICENSEE and employees authorized by LICENSEE
for purposes of training of employees of LICENSEE in the use of the SOFTWARE.
2. Grant of License
The MANUFACTURER hereby grants to the LICENSEE a non-exclusive and non-transferable
license to use the SOFTWARE on the COMPUTER and to use the Documentation for the
LICENSE TERM, provided the LICENSEE complies with all of the terms and conditions of this

Installation and Use

Except as otherwise expressly provided in this EULA, you may install, use, access, display and
run only one copy of the SOFTWARE on only one (1) COMPUTER. A separate license is
required for each individual COMPUTER.

Program Activation

This SOFTWARE contains technological security measures that are designed to prevent
unlicensed or illegal use of the SOFTWARE. An activation code is required to be obtained from
the MANUFACTURER to enable the operation of the SOFTWARE after it is installed on the
LICENSEE’S COMPUTER. You may need to reactivate the SOFTWARE if you modify your

Authorized Use


Back-Up Copy

You may not make a back-up copy of any down-load from our server. You may NOT loan, rent,
lease, lend, sell or otherwise transfer the SOFTWARE, CD to another user.

Reservation of Rights

MANUFACTURER reserves all rights not expressly granted to you in this EULA.

3. Description of Other Rights and Limitations

Additional Software / Services

The terms of this EULA apply to MANUFACTURER updates, supplements, add-on
components, or Internet-based services or components of the SOFTWARE that
MANUFACTURER may provide to you or make available to you after the date you obtain your
initial copy of the SOFTWARE, unless other terms are provided along with such Supplemental

Limitations on Reverse Engineering, Decompilation and Disassembly
You may not reverse engineer, copy any program within the ECP Income Recovery Solutions
with intent on reselling such program, decompile, or disassemble the SOFTWARE. Nor shall
you take any ideas from any programs within ECP Income Recovery Solutions, super producer
kits, or from any other program created by Annuity Selling Systems.com, LLC. You may not
alter headings, formatting, source code, mathematics, color…then rename it for re-sell to the
public (under a different name).

Separation of Components

The SOFTWARE is licensed as a single product. Its component parts may not be separated for
use on more than one COMPUTER.


This EULA does Not grant you any rights in connection with any trademarks or service marks of

4. Termination of License
Without prejudice to any rights, Annuity Selling Systems.com, LLC may terminate your rights
under this EULA, if you fail to comply with the terms and conditions of this EULA. In addition,
if you imprecate at any employee of the Manufacture, Annuity Selling Systems.com, LLC may
terminate your rights under this EULA. In such event, you must destroy all copies of the
software product and all its component parts.


This license shall be valid for the LICENSE TERM, which is 12 months.

Destruction of Software Upon Termination

Upon termination or cancellation of this License, LICENSEE shall destroy all copies of the
SOFTWARE and all of its component parts provided to the LICENSEE pursuant to this License
and shall provide MANUFACTURER with a certificate of compliance signed by the LICENSEE
or an authorized representative of the LICENSEE.

5. Limited Warranty
MANUFACTURER warrants only that the media upon which the software is furnished will be
free from defects for a period of 15 days from the date of delivery. The MANUFACTURER
does not and cannot warrant the performance or results that you may obtain from using this
software or documentation, including, but not limited to, non-infringement of third party rights,
merchantability or fitness for a particular purpose or use.

Customer Remedies

MANUFACTURER’S entire liability and your exclusive remedy under the
MANUFACTURER’S Limited Warranty shall be, at MANUFACTURER’S option, either (a)
return of price paid, or (b) repair or replacement of the SOFTWARE that does not meet this
Limited Warranty. This Limited Warrant is void if failure of the SOFTWARE has resulted from
improper use, accident, abuse, or misapplication and/or if the LICENSEE is not in full
compliance with the terms of this Agreement.

No Other Warranties

To the maximum extent permitted by applicable law, MANUFACTURER disclaims all other
warranties, either express or implied, including, but not limited to implied warranties of
merchantability and fitness for a particular purpose, with regard to the SOFTWARE and the
accompanying written materials. This limited warranty gives you specific legal rights. You may
have others which vary from state/jurisdiction to state/jurisdiction.

No Liability For Consequential Damages

To the maximum extent permitted by applicable law, in no event shall the MANUFACTURER
be liable for any damages whatsoever (including without limitation, exemplary, punitive, special,
incidental, consequential, or indirect damages for personal injury, loss of business profits,
business interruption, loss of business information, or any other pecuniary loss) arising out of the
use of or inability to use the SOFTWARE, even if MANUFACTURER has been advised of the
possibility of such damages. In any case, MANUFACTURER’S entire liability under any
provision of this agreement shall be limited to the amount actually paid by you for the
SOFTWARE. Because some states/jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above limitation may not apply to you.


The LICENSEE shall defend, indemnify, and hold harmless the MANUFACTURER (including
employees, consultants, agents, and subcontractors of MANUFACTURER) against any liability
or claim for damages, costs, fees, or fines, of any kind, including attorney fees, arising from the
negligence of LICENSEE’S use of the software, including any claim by any third party against
MANUFACTURER for actual or alleged violations of Federal and/or State laws.


The terms and provisions of this section 5 shall survive termination of this License.

6. Intellectual Property Rights
All title and intellectual property rights in and to the SOFTWARE, (including, but not limited to,
any images, photographs, animations, video, audio, music, text and “applets” incorporated into
the SOFTWARE), the accompanying written materials, and any copies of the SOFTWARE, are
owned by the MANUFACTURER. All title and intellectual property rights in and to the content
which is not contained in the SOFTWARE, but which may be accessed through use of the
SOFTWARE is the property of the respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This EULA grants you NO rights to use
such content. Use of any on-line services, which may be accessed through the SOFTWARE, may
be governed by the respective terms of the use relating to such services. If this SOFTWARE
contains documentation that is provided only in electronic form, you may print one copy of such
electronic documentation. You may not copy the printed materials accompanying the
SOFTWARE. The MANUFACTURER reserves all rights, not specifically granted under this

LICENSEE hereby acknowledges that the SOFTWARE and Documentation may contain
information that may be trade secret and proprietary to MANUFACTURER. LICENSEE hereby
agrees not to disclose such information except to persons and organizations expressly authorized
by MANUFACTURER to receive such information. LICENSEE shall not remove or alter any
copyright notices or proprietary legends affixed by MANUFACTURER to the SOFTWARE.

Export Restrictions

Under no circumstances may the SOFTWARE be exported for resale.

7. Miscellaneous


All assignments of rights under this License by LICENSEE without the prior written consent of
the MANUFACTURER shall be void.

Entire License

This License contains the entire understanding of the parties and supercedes previous verbal and
written representations or agreements between the parties concerning licensing and use of the

Amendments and Modifications

Waivers, alterations, modifications or amendments of a provision of this License shall not be
binding unless such waiver, alteration, modification or amendment is in writing and signed by an
authorized representative of both parties.


If, for any reason, a provision of this License is rendered invalid, illegal or unenforceable, the
remaining provisions shall remain in full force and effect.

Governing Law

This License is governed by the laws of the State of Montana and venue shall be Flathead
County, Kalispell, Montana.


Notices shall be in writing and shall be deemed delivered in person when delivered by courier or
mailed postage prepaid by Certified or Registered Mail – Return Receipt Requested – to the
person and address of the parties of record.

Waiver of breach of this License shall not constitute waiver of another breach. Failing to enforce
a provision of this License shall not constitute a waiver or create an estoppel from enforcing such

Relationship of Parties

It is agreed that the relationship of the parties is primarily that of Licensee and Licensor. Nothing
herein shall be construed as creating partnership, employment relationship, or agency
relationship between the parties, or as authorizing either party to act as agent for the other. Each
party maintains its separate identity.


Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be
settled by arbitration in accordance with the Arbitration Rules of the State of Montana in
Flathead County. Judgment upon the award rendered by the arbitrators may be entered in any
court having jurisdiction thereof. Qualified Arbitrators shall be selected by the parties in
accordance with the Arbitration Rules of the State of Montana. Each party shall have the right of
discovery as set forth in the Federal Rules of Civil Procedure.

8. Agent Giving Advice to Clients or Prospects
The Agent understands that any tax advice given to the public is the Agent’s advice and not that
of Annuity Selling Systems.com, LLC. The Agent is solely responsible for any tax advice given
to the public. In addition, any investment advice or opinion given to the public is solely the
Agent’s advice or opinion, and not that of Annuity Selling Systems.com, LLC. By accepting this
software, the Agent takes full, legal responsibility for any advice or opinions given to the public.
By accepting this software the Agent takes full, legal responsibility for all marketing &
compliance matters relating to insurance, investment advice, and/or securities with the state &
Federal (or corporate) authorities. This means you must modify (or not use) a specific
program(s), solicitations, or presentation slides taken from this software package to abide by
your state insurance, investment advisory, or securities codes (or lack of proper licenses to use
such programs). Annuity Selling Systems.com, LLC. will not be held responsible for your failure
to investigate and comply with the insurance act, the investment advisory act, or the securities

Seminars – You are fully responsible for all compliance matters with the state or Federal
authorities. If you say something that is out-of-bounds in-relation with (your) license(s) held with
the state or Federal authorities (such as the Securities Commission), you will be held
responsible…and not Annuity Selling Systems.com, LLC. You are required to understand what
is and is not legal to say in a public forum…in relation to the licenses you maintain with the state
or Federal authorities. You may need to delete some slides from the seminars contained in the
ECP Income Recovery Solutions to stay in compliance with state or Federal commissions. By
accepting this EULA, you agree and accept your responsibility for all compliance matters that
relate to advice and/or opinions given to the public using Annuity Selling Systems.com, LLC
seminar slides or marketing material.

9. F.M.O, A.F.M.O or Broker/Dealers
You may not own this software if you are an F.M.O. (Field Marketing Organization)*, or a
Broker/Dealer which any of the following apply:

   1. You solicit life & health agents, or registered representatives on a national level.
   2. You have more than 25 life & health agents, or registered representatives contracted
       underneath you, which you are taking commission over-rides.
   3. You market in any national magazine to solicit life & health agents, or registered
       representatives in a national recruitment campaign.
   4. You market in national card pack to solicit life & health agents, or registered
       representatives in a national recruitment campaign.
   5. You use a third party email databases greater than 50,000 to solicit life & health agents,
       or registered representatives in a national recruitment campaign.
   6. You or your corporation has an (active) life& health, and/or securities license in more
       than five states.
   7. You distribute or manufacture any type of selling system designed to help agents sell or
       market in the annuity market, life insurance market, long-term care market, securities
       market, estate planning market, or income tax market.
   8. You are in the process of creating a selling system designed to help agents sell or market
       in the annuity market, life insurance market, long-term care market, securities market,
       estate-planning market, or income tax market.
   9. You are a salaried employee of an F.M.O. (Field Marketing Organization) or
       Broker/Dealer purchasing on behalf of an executive officer, partner, or manager of a
       F.M.O. or a Broker/Dealer.
   10. You are a spouse (or family member) purchasing on behalf of an executive officer,
       partner, or manager of a F.M.O. (Field Marketing Organization), or a Broker/Dealer.
   11. You or your corporation uses this software as a recruitment tool in a national marketing

* Definition of a F.M.O. (Field Marketing Organization): An F.MO. is an organization who
receives the top (commissionable) contract an insurance company gives a GA (General Agent).
The next level is an Associate Field Marketing Organization (an Agency – which is contractually
signed with (and below) an agency who has an F.M.O contract). In addition, a “Solicitor,” is an
agent who works for an F.M.O., or for an A.F.M.O.

If the Licensee is an F.M.O, or Broker/Dealer (which any of conditions #1 through #11 apply),
then Licensee shall forfeit all rights under this EULA agreement, and you will (immediately) be
terminated with no refund. If terminated the Licensee must delete all computer programs sent by
Annuity Selling Systems.com, LLC to the Licensee, and return all software to Annuity Selling
Systems.com, LLC. In addition, you agree that you will owe $200,000 if caught violating any
condition in section #1through #11 in part #9 above to Annuity Selling Systems.com, LLC.

10. 15-Day Un-Conditional Money Back Guarantee
   Refund Policy:
   1. We offer a 15-day “un-conditional” 100% money back guarantee (less a $100 administrative charge)
   policy…if for any reason you are not satisfied with our product. The 15-day money back guarantee starts the
   day of your purchase. You must send an email to us (admin@annuitysellingsystems.com) asking for a refund
   within 15-days of the purchase date.
   2. If there is a “proven” software problem with our software program (ECP Income Recovery Solutions) that we
   cannot resolve within the 5 days of notification of the problem (during the refund period) …we will refund your
   money back less $100 for an administrative handling charge. We will require a print-screen of the error message
   with a detailed description of the problem (emailed to: admin@annuitysellingsystems.com)…before we can
   give a refund.
   3. If you have met all provisions of the above refund policy, you must sign and fax back the Un-install and
   Deletion Agreement…and we will refund your money. Please email admin@annuitysellingsystems.com to
   request the Un-Install and Deletion Agreement. Please state on the subject line: Request for Un-install &
   Deletion Agreement.
   4. If any CD’s were sent to you, you must send back all materials that were delivered to you (software CD’s
   and/or printed material). All of the materials must be shipped via traceable means (certified or insured US mail,
   Fed Ex)…and must be received by us, no later than 22 days from the purchase date.
   5. There is no refund for issues that do not relate to software errors or installation issues.

11. Removal and Deletion of Software
   1) When your license period expires you must either renew your license or delete the software from your
   computer. You may not keep the software or any files from the software on your computer or any other
   computer that does not have a valid license.
   2) You may not keep copies of the software or any of the files from the software on any other electronic or
   printed media without a valid license.

I hereby understand and agree to above EULA.

_____________________________ ____________
Name                          Date

Please fax back to: 1-800-536-3164

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