Disclosure

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Disclosure


Last Updated August 14, 2010
Sprayjob.com
END USER LICENSE AGREEMENT


IMPORTANT! PLEASE READ CAREFULLY.



THIS SOFTWARE IS LICENSED, NOT SOLD. BY USING, COPYING OR OTHERWISE VIEWING THE SOFTWARE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO USE, COPY OR VIEW THE SOFTWARE. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN SEVEN (7) DAYS AFTER YOUR PURCHASE, YOU MAY CALL (602)980-0602 TO REQUEST A FULL REFUND OF THE PURCHASE PRICE.

This software program, and any files that are available to you provided by Sprayjob.com and/or Desert Edge Enterprises, Inc. (via on-line transmission or otherwise) including patches, updates, or otherwise modification to the original software program, as well as any printed materials and any on-line or electronic documentation (i.e. "Manual(s)"), and any and all copies and derivative works of such software program and Manual(s) (collectively, with the "User Client" defined below, the "Software") is the copyrighted work of Sprayjob.com/Desert Edge Enterprises, Inc. or its licensors (collectively referred to herein as "Sprayjob.com"). Any and all uses of the Software are governed by the terms of this End User License Agreement (the "License Agreement" or "Agreement"). The Software may only be used by obtaining from Sprayjob.com access to the Sprayjob.com on-line information database management software service (the "Service"). The Software is distributed solely for use by authorized end users according to the terms of this License Agreement. Any use, reproduction, modification or viewing of the Software not expressly authorized by the terms of the License Agreement is expressly prohibited.

1. Grant of a Limited Use License.
If you agree to this License Agreement, you may use the computer software (hereafter referred to as the "Software Client") from your computer for purposes of using the Software by registering for and accessing an account with the Service (the "Account"). Subject to your agreement to and continuing compliance with this License Agreement, Sprayjob.com hereby grants, and you hereby accept, a limited, non-exclusive license to (a) use the Software Client on one or more computers owned by you or under your legitimate control, and (b) use the Software Client in conjunction with the Service for your commercial or personal chemical record tracking purposes only. All use of the Software Client is subject to this License Agreement and to the Terms of Use agreement, both of which you must accept before you can use your Account to use the Software.

2. Additional License Limitations.
The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the "License Limitations"). Any use of the Software in violation of the License Limitations will be regarded as an infringement of Sprayjob.com's copyrights in and to the Software. You agree that you will not, under any circumstances:

    A. in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Software; provided, however, that you may make one (1) copy of the Software Client and the Manuals for archival purposes only;

    B. exploit the Software or any of its parts, including without limitation the Software Client, for any unauthorized purpose without the express written consent of Sprayjob.com;

    C. modify or cause to be modified any files that are a part of the Software Client in any way not expressly authorized by Sprayjob.com;

    D. sell, grant a security interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, or rent, lease, borrow or license the Software to others.

3. Service and Terms of Use.
You must accept the Terms of Use in order to access the Service and use the Software. The Terms of Use agreement governs all aspects of Software play. You may view the Terms of Use by visiting the following website: http://www.sprayjob.com/termsofuse.html. If you do not agree with the Terms of Use, then (a) you may not register for an Account to use the Software, and (b) you may call (602)980-0602 within seven (7) days after the original purchase to arrange to request a full refund of the purchase price. Once you accept the License Agreement and the Terms of Use, you will no longer be eligible for a refund.

4. Ownership.
A. All title, ownership rights and intellectual property rights in and to the Software and all copies thereof are owned or licensed by Sprayjob.com. The Software is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Software may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.

5. Termination.
This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) permanently destroying access to the Software; (ii) notifying Sprayjob.com of your intention to terminate this License Agreement. Sprayjob.com may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all access to the Software in your possession and control.

6. Export Controls.
The Software may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or 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. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

7. Patches and Updates.
Sprayjob.com may deploy or provide patches, updates and modifications to the Software that must be accessed by the user to continue to use the Software. Sprayjob.com may update the Software remotely including without limitation the Software Client accessed by the user's machine, without the knowledge of the user, and you hereby grant to Sprayjob.com your consent to deploy and apply such patches, updates and modifications.

8. Duration of the "On-line" Component of the Software.
This Software is an 'on-line' Software that must be used over the Internet through the Service as provided by Sprayjob.com. You understand and agree that the Service is provided by Sprayjob.com at its discretion and may be terminated or otherwise discontinued by Sprayjob.com pursuant to the Terms of Use. In accordance with this Agreement you are hereby granted access to the service provided by Sprayjob.com for the remainder of the current calendar year.

9. Limited Warranty.
THE SOFTWARE (INLUDING WITHOUT LIMITATION THE SOFTWARE CLIENT AND MANUAL(S)) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Software (including without limitation the Software Client and Manual(s)) remains with the user.

10. Limitation of Liability, Indemnity.
NEITHER SPRAYJOB.COM NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER SPRAYJOB.COM NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO ANY INFORMATION STORED BY THE SOFTWARE AND/OR THE SERVICE. SPRAYJOB.COM SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL SPRAYJOB.COM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL SPRAYJOB.COM'S LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED (IN THE AGGREGATE) THE TOTAL FEES PAID BY YOU TO SPRAYJOB.COM DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD SPRAYJOB.COM HARMLESS FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY SPRAYJOB.COM ARISING OUT OF OR FROM YOUR USE OF THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Equitable Remedies.
You hereby agree that Sprayjob.com would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Sprayjob.com shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Sprayjob.com may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

12. Changes to the Agreement.
Sprayjob.com reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement as and when Sprayjob.com upgrades the Software. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement in accordance with Section 5 herein. Your use of any of Sprayjob.comís updates or modifications to the Software or your continued use of the Software will demonstrate your acceptance of any and all such changes. Sprayjob.com may change, modify, suspend, or discontinue any aspect of the Software at any time. Sprayjob.com may also impose limits on certain features or restrict your access to parts or all of the Software without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Software.

13. Dispute Resolution and Governing Law.

    A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement ("Dispute"), you and Sprayjob.com agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Sprayjob.com will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Desert Edge Enterprises, Inc., 14339 W Pinnacle Vista Rd, Surprise AZ 85387, attn: Legal Department.

14. Miscellaneous.
This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern. The provisions of certain Sections shall survive the termination of this Agreement for any reason. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.

I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that by clicking "Accept Agreement" or using the Software I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.


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