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InspectDate

End User License Agreement

This InspectDate End User License Agreement (this "EULA" ) is part of a Customer Agreement (the "Customer Agreement ") between Fixit Frog LLC, an Oregon limited liability company doing business as "InspectDate" ( "InspectDate" , "we" , "our" or "us" ) and the person or entity that has registered for a lender account ( "Customer" ) to use our proprietary software program known as "InspectDate" (the "Software" ). This EULA governs use by Customer and all natural persons to whom Customer provides access to the Software (each, an "Authorized User" ). In this EULA, unless the context clearly indicates otherwise, all references to "you" or "your" mean both the Customer and the Authorized User.

BY CLICKING "I ACCEPT" WHEN YOU REGISTER A USER ACCOUNT OR LOG IN TO USE THE INSPECTDATE SOFTWARE, YOU: (i) REPRESENT THAT YOU ARE DULY AUTHORIZED BY CUSTOMER TO ACCESS AND USE THE SOFTWARE; AND (ii) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS EULA, YOU WILL HAVE NO LICENSE TO, AND MUST NOT ACCESS OR USE, THE SOFTWARE.

Definitions

For purposes of this EULA, the following terms have the following meanings:

  1. "Authorized User" means individual persons that Customer has authorized to use the Software pursuant to the license granted under this EULA.
  2. "Documentation" means user manuals, technical manuals and any other materials provided by InspectDate, in printed, electronic or other form, that describe the installation, operation, use or technical specifications of the Software.
  3. "Software" means InspectDate’s proprietary software program known as "InspectDate".
  4. "Customer Agreement" has the meaning set forth in the preamble.
  5. "Third Party" means any individual or entity other than Customer, InspectDate, or an Authorized User.

License Grant

Subject to your strict compliance with this EULA, InspectDate hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Software solely in accordance with the Documentation and this EULA, for your internal business purposes only. The foregoing license will terminate immediately on the earlier to occur of:

  1. The expiration or earlier termination of the Customer Agreement between InspectDate or Customer, or
  2. Your ceasing to be authorized by Customer to use the Software for any or no reason.

Scope of License

The license granted herein includes the limited right and license to:

  1. Use and access the Software in accordance with this EULA and the Documentation, solely for your internal business purposes.
  2. Download, print, copy, view and display any reports (e.g., reports regarding the status of various projects or reports of the results of inspections) generated using the Software.
  3. Download, print, or otherwise view and display any Documentation and use such Documentation, solely in support of your licensed use of the Software in accordance with this EULA.

Copies

All copies of the Documentation, Software, or reports made by you:

  1. Will be the exclusive property of InspectDate.
  2. Will be subject to the terms and conditions of this EULA and the Customer Agreement between InspectDate and Customer, and
  3. Wust include all trademark, copyright, patent and other intellectual property rights notices contained in the original.

Use Restrictions

You shall not, directly or indirectly:

  1. Use (including make any copies of) the Software or Documentation beyond the scope of the license granted hereunder.
  2. Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Software or Documentation or any part thereof.
  3. Combine the Software or any part thereof with, or incorporate the Software or any part thereof in, any other programs.
  4. Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Software or any part thereof.
  5. Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Software or Documentation, including any copy thereof.
  6. Except as expressly allowed in this EULA, copy the Software or Documentation, in whole or in part.
  7. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Software or any features or functionality of the Software, to any Third Party for any reason, whether or not over a network and whether or not on a hosted basis, including in connection with the internet, web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud or other technology or service.
  8. Use the Software in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including:
    • Power generation systems.
    • Aircraft navigation or communication systems, air traffic control systems or any other transport management systems.
    • Safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems, and
    • Military or aerospace applications, weapons systems or environments.
    • Use the Software in violation of any federal, state or local law, regulation or rule, or
    • Use the Software for purposes of competitive analysis of the Software, the development of a competing software product or service or any other purpose that is to the InspectDate’s commercial disadvantage.

Log-in Credentials

You, the Authorized User, shall not share or disclose your log-in credentials with or to any other individual or entity, even if such other individual is also an Authorized User. If you discover or suspect that your log-in credentials have been accessed or used by anyone other than you, you will promptly change or reset your password.

Compliance Measures

The Software may contain technological copy protection or other security features designed to prevent unauthorized use of the Software, including features to protect against use of the Software that is beyond the scope of the license granted in this EULA or that is prohibited by the terms of this EULA. You shall not, and shall not attempt to, remove, disable, circumvent or otherwise create or implement any workaround to any such copy protection or security features.

Collection and Use of Information

Customer may, directly or indirectly through the services of others, including by automated means and by means of providing maintenance and support services, collect and store information regarding your use of the Software , its performance, and equipment on which the Software is installed or through which it otherwise is accessed and used, such as dates and times of use by each Authorized User, activities conducted using the Software , the type of web browser used to access the Software, the operating system/platform you are using, your IP address, and your CPU speed. You agree that the Customer may use such information for any purpose related to the Software , including but not limited to improving the performance of the Software , developing updates, and verifying compliance with the terms of this Agreement and enforcing Customer’s rights, including all intellectual property rights in and to the Software . InspectDate’s collection and use of information you provide or information about you shall be in compliance with its privacy policy, available at privacy policy .

Intellectual Property Rights

You acknowledge that the Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Software under this EULA, or any other rights to the Software other than to use the Software in accordance with the license granted under this EULA, subject to all terms, conditions and restrictions contained therein and herein. InspectDate reserves and shall retain its entire right, title and interest in and to the Software and all intellectual property rights arising out of or relating to the Software , subject to the licenses expressly granted in the Customer Agreement and this EULA. You shall use commercially reasonable efforts to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access.

Export Regulation

The Software may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Software to, or make the Software accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Software available outside the United States.

Disclaimer of Liability

IN NO EVENT WILL INSPECTDATE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SOFTWARE. YOU ARE PROVIDED THE SOFTWARE PURSUANT TO THE CUSTOMER AGREEMENT BETWEEN INSPECTDATE AND CUSTOMER, SOLELY FOR THE BENEFIT OF CUSTOMER AND AT CUSTOMER’S DISCRETION. YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER THAT AGREEMENT INCLUDING ANY RIGHTS TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY OF INSPECTDATE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR LICENSORS OR SERVICE PROVIDERS, MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE SOFTWARE SHALL BE SOLELY TO CUSTOMER PURSUANT TO THAT AGREEMENT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.

Governing Law

This EULA shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Oregon.