iMaintenance Solutions

iMaintenance Solutions™- End User License Agreement

Software License Agreement

Do not use the iMaintenance Solutions software until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the software to you. Your use or installation of the software confirms that you have read and understand this Agreement and accept its terms and conditions.

License and Restrictions

A. License Grant for Software
Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to use a copy of the enclosed software on one (1) computer used by a single business or household. You may make one (1) backup copy of the Software for your protection.

B. Restrictions
You agree not to: (1) make additional copies of the software except as provided above; (2) enable others to use your registration code(s) or serial numbers (if any); (3) give copies to another person who has not purchased a license for the software; (4) install the software on computers used by individuals who have not purchased the appropriate licenses; (5) duplicate the software by any means, including electronic transmission; or (6) copy the printed materials or user documentation accompanying the software. The software, its graphical user interfaces, its text and graphics, and its underlying code are protected by the copyright laws of the United States and other countries. The software also contains trade secrets of Track-iT Systems, Inc., and you may not decompile, reverse engineer, disassemble, or otherwise reduce the software to human-perceivable form, disclose such trade secrets, or disable any functionality that limits the use of the software. You may not attempt to modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the software or related materials, or create derivative works based upon the software or any part thereof.

C. Termination
This Agreement may be terminated by Track-iT Systems immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately destroy all complete and partial copies of the software in your possession, including all backup copies. Track-iT Systems may change or add to the terms of this Agreement at any time, and may change, discontinue or impose conditions on any feature or aspect of the software, or any internet-based services provided to you or made available to you through the use of the iMaintenance Solutions software or the Track-iT Systems Web site. Such changes will be effective upon notification by any reasonable means, and your continued use of the software will indicate your agreement to any such change.

D. Satisfaction Guaranteed
If you are not 100% satisfied with the Software, Track-iT Systems' entire liability and your exclusive remedy shall be to discontinue use of the software and to obtain a return of the purchase or subscription price (if any) you have paid to use the software.

E. Disclaimer of Warranties
THE SOFTWARE AND RELATED MATERIALS ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Track-iT Systems AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE AND RELATED MATERIALS, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, SECURITY, QUALITY, MERCHANTABILITY, OR THEIR NONINFRINGEMENT. Track-iT Systems DOES NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICE OR CONTENT IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, INCLUDING BUT NOT LIMITED TO INACCURATE OR OUTDATED CONTENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THE LICENSE FOR THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.

Track-iT Systems EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SOFTWARE, RELATED SERVICES OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.

F. Limitation of Liability and Damages
THE ENTIRE LIABILITY OF Track-iT Systems FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE, OR FOR ACCES TO IT. Track-iT Systems IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF Track-iT Systems HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Track-iT Systems’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE, OR FOR ACCES TO IT. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF THE DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Track-iT Systems AND YOU. Track-iT Systems WOULD NOT HAVE BEEN ABLE TO PROVIDE THE SOFTWARE TO YOU WITHOUT SUCH LIMITATIONS.

G. General Provisions
This Agreement sets forth Track-iT Systems' and its Representatives' entire liability and your exclusive remedy with respect to the software. You acknowledge that this Agreement is a complete statement of the agreement between you and Track-iT Systems with respect to the software or any related materials or services, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the software, its content, or any related services.

This Agreement does not limit any rights that Track-iT Systems may have under trade secret, copyright, patent, trademark or other laws. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. No delay or failure on the part of Track-iT Systems in the exercise of any right granted under this Agreement, or available at law or in equity, shall be construed as a waiver of such right. The validity and performance of this Agreement shall be governed by Washington law (without reference to choice of law principles), except as to copyright, patent and trademark matters, which are covered by federal laws. You agree to submit to the jurisdiction of the federal courts of the Western District of Washington and the state courts of Kitsap County, Washington, and you waive any objection to venue in such courts. This Agreement is deemed entered into at Silverdale, Washington, and shall be construed as to its fair meaning and not strictly for or against either party.