End user license Agreement

END USER LICENSE AGREEMENT

IPilot Worldwide LLC, a Minnesota limited liability company d/b/a iCanPilot (hereinafter referred to as “iCanPilot”), grants Licensee (hereinafter “you” or “your”) the right to install and use this software copy (“the Software Product”) on your computer, running a validly licensed copy of the operating system for which the Software Product was designed.

This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. 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 SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.

License Grant
This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation 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 on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product. For further information regarding multiple copy licensing of the Software Product, please contact:

Representative: Rita Shor
Tel Number: 651 260 6653
E-mail Address: rita.shor@icanpilot.com

Limited Use Statement:
In purchasing the Software Product, you agree to use the Software Product for your personal use only. Personal use is defined as usage that is not commercial use (“Commercial Use”). Commercial use entails the exchange of money or other consideration between you and a third party for the Software Product, in whole or in part, regardless of whether the third party is using the Software Product for their personal or Commercial Use.

Other Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. 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 computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.

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

Termination
iCanPilot may terminate this Agreement, in its sole discretion, if you fail to comply with the terms and conditions of this Agreement. Upon termination, you must destroy all copies of the Software Product in your possession.

Restrictions on Transfer
Without first obtaining the express written consent of iCanPilot, 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 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.

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.

Limited Software Product Warranty
For a period of 180 days from the date that you download the Software Product, as applicable, iCanPilot warrants that when properly installed and used under normal conditions, the Software Product will perform the purpose for which the Software Product was designed..

Except for the limited warranty stated in the preceding paragraph, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ICANPILOT DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULARLY PURPOSE, OR THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. ICANPILOT MAKES NO WARRANTY THAT OPERATION OF THE SOFTWARE WILL BE ERROR FREE, SECURE 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. ICANPILOT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. ICANPILOT MAKES NO WARRANTIES REGARDING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM OR OTHER SUCH COMPUTER PROGRAM.

UNDER NO CIRCUMSTANCES SHALL ICANPILOT , 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 CUSTOMER OR ANY OTHER PARTY, EVEN IF ICANPILOT IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS ICANPILOT’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Limitation of Liability

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 iCanPilot . iCanPilot reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If iCanPilot 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. In no event will iCanPilot be liable for any damages, including, but not limited to, damages for lost profits, business interruption, lost information or data, or damages based in contract law, tort law or otherwise.

Also, 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 the iCanPilot 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 iCanPilot harmless from all claims, judgments, liabilities, expenses, or costs, including attorneys’ fees, arising from your breach of this Agreement and/or acts or omissions.

Governing Law
This Agreement is governed by the laws of Minnesota, without regard to Minnesota’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.