RoadLog 1.2

EULA - End User License Agreement

RoadLog Software License Agreement
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Copyright (C) Handovation Software Inc. 2007-2009

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS SOFTWARE. THIS LICENSE PROVIDES IMPORTANT INFORMATION CONCERNING THE SOFTWARE, PROVIDES YOU WITH A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY AND LIABILITY INFORMATION. BY USING THE SOFTWARE, YOU ARE ACCEPTING THE SOFTWARE “AS IS” AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT WISH TO DO SO, DO NOT USE THE SOFTWARE.

TERMS OF LICENSE

1. Under this Software License Agreement (the "Agreement"), Handovation Software Inc. (the "Company") grants to the user (the "Licensee") a non-exclusive and non-transferable license (the "License") to use RoadLog (the "Software").

2. "Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.

3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Company. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.

4. The Software may be loaded onto any computer for which it is designed so long as only the Licensee makes use of the Software. A single copy may be made for backup purposes only.

5. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.

6. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
LICENSE FEE

7. The original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.
LIMITATION OF LIABILITY

8. The Software is provided by the Company and accepted by the Licensee "as is". Liability of the Company will be limited to a maximum of the original purchase price of the Software. The Company will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use or inability to use the Software.

9. The Company makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.

10. The Company does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

11. The Company may, at its sole discretion, remedy any non-conforming Software by providing a refund of the purchase price or, at the Company's option, repair or replace any or all of the Software.
WARRANTS AND REPRESENTATIONS

12. The Company warrants and represents that it is the copyright holder of the Software. The Company warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.
ACCEPTANCE

13. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on installation of the Software.
USER SUPPORT

14. The Licensee will be entitled to one year of email support via support@handovation.com, available 9:00 AM to 6:00 PM Mountain Time, weekdays only, at no additional cost.

15. The Licensee will be entitled to maintenance upgrades and bug fixes until the next major point release of the Software, at no additional cost. For example, if the Licensee has licensed RoadLog version 1.0, the Licensee will be entitled to all 1.x releases at no additional cost. Major point releases, in this example versions 2.x and higher, will require a separate License at an additional cost.
TERM

16. The term of this Agreement will begin on Acceptance and is perpetual.
TERMINATION

17. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Company.
GOVERNING LAW

18. The Parties to this Agreement submit to the jurisdiction of the courts of the Province of Alberta, Canada for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the Province of Alberta.
MISCELLANEOUS

19. This Agreement may not be waived, amended, or modified in any way except through a written agreement signed by the Company.

20. This Agreement does not create or imply any relationship in agency or partnership between the Company and the Licensee.

21. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.

22. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

23. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.