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Chartracer® Apps License Read And Agree Below

Chartracer® and Chartracer Fleet® Software

Windows® Phone App Store

End-User License Agreement for Chartracer Software

The Chartracer App (TCA) is NOT public domain, freeware, or shareware. This means that you may not sell it. Unless you have obtained permission from Chartracer Inc, you may not re-distribute it. This End-User License Agreement (EULA) is a legal agreement between Chartracer Inc (the Licensor) and you. TCA is protected by intellectual property laws and treaties. TCA is licensed not sold.

IF YOU CHOOSE TO INSTALL THIS SOFTWARE,

YOU ARE CONSENTING TO BE BOUND BY TERMS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,

DO NOT CONTINUE WITH THE INSTALLATION AND/OR RETURN THE COMPLETE PACKAGE TO CHARTRACER INC.

THIS DOWNLOAD IS PROVIDED WITH

LIMITED TECHNICAL SUPPORT

DISCLAIMER OF WARRANTY FOR NON-COMMERCIAL AND COMMERCIAL USE

SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION

TCA is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is born by you. Should the Software prove defective, you and not Chartracer Inc assume the entire cost of any service and repair you may desire. In addition, the security mechanisms implemented by TCA have inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement.

SCOPE OF LICENSE GRANT

You May:

* use the Software on any Smart Phone;

* use the Software on a network;

* copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices and license terms.

You May Not:

* permit concurrent use of the Software on more than 1 Smart Phone without proper licenses;

* copy the Software other than as specified above;

* rent, lease, grant a security interest in, or otherwise transfer rights to the Software;

* remove any proprietary notices, licenses or labels on the Software;

* edit or modify the Software in any manner whatsoever;

* display any of the trademarks that appear in the Software in any manner that implies sponsorship;

* reverse engineer, decompile, or disassemble the Software.

TITLE

Title, ownership rights, and intellectual property rights in the Software and all derivative works shall remain in Chartracer Inc unless otherwise stated in a separate agreement. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may also be protected by applicable law. This License gives you no rights to such content.

TERMINATION

The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.

EXPORT CONTROLS

None of the Software or underlying information or technology may be exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CHARTRACER INC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INC INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL CHARTRACER INC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT CHARTRACER INC RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF CHARTRACER INC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Chartracer Inc specifically disclaim any express or implied warranty of fitness for High Risk Activities.

MISCELLANEOUS

This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Delaware law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS

Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to Chartracer Inc’s standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Chartracer Inc 214 Atlantic Street Milton, DE 19968 U.S.A.