EnviroGuard Site License

Site License Agreement For Logical Operators, Inc.’s
EnviroGuard Version 1.00

IMPORTANT – READ CAREFULLY: This Site Licensing Agreement ("SLA") is a legal agreement between you (either an individual or a single entity) and Logical Operators, Inc. for the Logical Operators, Inc. software product identified above, which includes computer software and/or associated media and may include printed materials and/or online or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this SLA.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE. This SLA grants you the following rights:

Software. You may install and use one copy of the SOFTWARE PRODUCT, or in its place, any prior version for the same operating system, on a single computer

Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network. This license for the SOFTWARE PRODUCT may be shared or used concurrently on different computers only if all such computers are owned/leased by you and you own/lease the entire network architecture of the internal network over which such sharing/concurrent usage takes place and all such computers are located at the same physical site. In no instance may this license be shared or used concurrently on different computers via a public network (such as the Internet) or used over public portions of a network which interface with your internal network.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

Rental. You may not rent or lease the SOFTWARE PRODUCT.

Software Transfer. You may permanently transfer all of your rights under this SLA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, and this SLA), and the recipient agrees to the terms of this SLA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.

Termination. Without prejudice to any other rights, Logical Operators, Inc. may terminate this SLA if you fail to comply with the terms and conditions of this SLA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

3. UPGRADES. If the SOFTWARE PRODUCT is an upgrade from another product, whether from Logical Operators, Inc. or another supplier, you may use or transfer the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless you destroy the upgraded product. If the SOFTWARE PRODUCT is an upgrade of a Logical Operators, Inc. product, you now may use that upgraded product only in accordance with this SLA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package.

4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTARE PRODUCT), any accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Logical Operators, Inc. or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may (a) make additional copies of the SOFTWARE PRODUCT for the sole purposes of backing up or archiving the SOFTWARE to protect your investment from loss or (b) installing the SOFTWARE PRODUCT within the limitations of this SLA provided you keep the original solely for backup or archival purposes. You may not copy any of the printed materials accompanying the SOFTWARE PRODUCT.

5. MULTIPLE-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your computer installation within the limitations of this SLA. You may not use or install additional mediums on other computers. You may not loan, rent, lease, or otherwise transfer additional mediums to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.

6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Logical Operators, Inc./P.O. Box 815/Dunbar WV 25064-0815.

LIMITED WARRANTY

LIMITED WARRANTY. Logical Operators, Inc. warrants that the SOFTWARE PRODUCT will perform substantially in accordance with accompanying written materials for a period of five (5) business days from the date of original installation/training. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT are limited to five (5) business days.

CUSTOMER REMEDIES. Logical Operators, Inc.’s. and its supplier’s entire liability and exclusive remedy shall be, at Logical Operators, Inc.’s option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE PRODUCT or hardware that does not meet Logical Operators, Inc.’s Limited Warranty and which is returned to Logical Operators, Inc. with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or five (5) business days, whichever is longer.

NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Logical Operators, Inc. and its suppliers disclaim all other warranites, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE PRODUCT. This Limited Warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Logical Operators, Inc. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT, even if Logical Operators, Inc. has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

MISCELLANEOUS

This SLA shall be construed, interpreted, and governed by the laws of the State of West Virginia and any action hereunder shall be brought only in West Virginia. If any provision is found void, invalid or unenforceable it will not affect the validity of the balance of this SLA which shall remain valid and enforceable according to its terms. If any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability and exclusion of damages set forth herein shall remain in full force and effect. This SLA may only be modified in writing signed by you and a specifically authorized representative of Logical Operators, Inc. All rights not specifically granted in this SLA are reserved by Logical Operators, Inc. Should you have any questions concerning this SLA, or if you desire to contact Logical Operators, Inc. for any reason, please write to: Logical Operators, Inc./P.O. Box 815/Dunbar WV 25064-0815 or visit our web site at http://www.logicaloperators.com for additional contact methods.