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End User Software License Agreement

END USER SOFTWARE LICENSE AGREEMENT 

This copy of MyInspection™ Software or My Inspection Compliance Manual ("the Software Product")  and accompanying documentation is licensed and not sold. If you selected the subscription option, you  agree to a minimum subscription for 36 months with automatic renewal starting at month 37. This  Software Product is protected by copyright laws and treaties, as well as laws and treaties related to  other forms of intellectual property. My Inspection or its subsidiaries, affiliates, and suppliers  (collectively "My Inspection") own intellectual property rights in the Software Product. The Licensee's  ("you" or "your") license to download, use, copy, or change the Software Product is subject to these  rights and to all the terms and conditions of this End User License Agreement ("Agreement").  

Acceptance 

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, USING, OR  COPYING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS  AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.  

License Grant 

This Agreement entitles you to use one copy of the Software Product. This Agreement does not permit  the installation or use of multiple copies of the Software Product, or the installation of the Software  Product for more than one laboratory. Multiple copy use or installation is only allowed if you obtain an  appropriate licensing agreement for each copy of the Software Product. For further information  regarding multiple-copy licensing of the Software Product, please contact:  

Representative: My Inspection 

Address: 1608 Barbarosa Court 

Marco Island, FL 34145 

Phone Number: 888-534-2977 

E-mail Address: aswanson@myinspection.us 

Restrictions on Transfer 

Without first obtaining the express written consent of My Inspection, you may not assign your rights and  obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise  transfer your rights to the Software Product.  

Restrictions on Use 

You may not use, copy, or install the Software Product on more than one laboratory, or permit the use,  copying, or installation of the Software Product for more than one laboratory. If you hold multiple,  validly licensed copies, you may not use, copy, or install the Software Product on any system with more  than the number of laboratories permitted by license, or permit the use, copying, or installation by more  users, or on more than the number permitted by license.  

You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source  code or database structure for the Software Product.  

You may not use the database portion of the Software Product in connection with any software other  than the Software Product. 

Restrictions on Alteration 

You may not modify the Software Product or create any derivative work of the Software Product or its  accompanying documentation. Derivative works include but are not limited to translations. You may  not alter any files or libraries in any portion of the Software Product. You may not reproduce the  database portion or create any tables or reports relating to the database portion.  

Restrictions on Copying 

You may not copy any part of the Software Product except to the extent that licensed use inherently  demands the creation of a temporary copy stored in computer memory and not permanently affixed on  storage medium. You may make one archival copy which must be stored on a medium other than a  computer hard drive.  

Disclaimer of Warranties and Limitation of Liability 

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY MY INSPECTION, MY INSPECTION MAKES NO  OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY  IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS  SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE  

SOFTWARE PRODUCT.  

My Inspection makes no warranty that the Software Product will meet your requirements or operate  under your specific conditions of use. My Inspection makes no warranty that operation of the Software  Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE  SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND  UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED  DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. MY INSPECTION WILL  NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY  COMPUTER OR INFORMATION STORAGE DEVICE.  

UNDER NO CIRCUMSTANCES SHALL MY INSPECTION, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS  BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL,  PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS  OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE,  INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT,  BREACH OF WARRANTY, OR THE NEGLIGENCE OF MY INSPECTION OR ANY OTHER PARTY, EVEN IF MY  INSPECTION IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT  THE APPLICABLE JURISDICTION LIMITS MY INSPECTION' S ABILITY TO DISCLAIM ANY IMPLIED  WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.  

Limitation of Remedies and Damages 

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the  correction or replacement of the Software Product. Selection of whether to correct or replace shall be  solely at the discretion of My Inspection. My Inspection reserves the right to substitute a functionally  equivalent copy of the Software Product as a replacement. If My Inspection is unable to provide a  replacement or substitute Software Product or corrections to the Software Product, your sole alternate  remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for  shipping and handling. 

Any claim must be made within the applicable warranty period. All warranties cover only defects arising  under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect,  alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper  installation, or damage determined by My Inspection to have been caused by you. All limited warranties  on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold My Inspection harmless from all claims, judgments, liabilities, expenses, or costs arising from your  breach of this Agreement and/or acts or omissions.  

Governing Law, Jurisdiction and Costs 

This Agreement is governed by the laws of the State of Florida, without regard to Florida's conflict or  choice of law provisions.  

Severability 

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this  Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not  permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the  maximum extent permitted by such applicable laws.  

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