License Agreement

CAR_PRO® License Agreement

IMPORTANT-- READ CAREFULLY BEFORE ACTIVATING THE LICENSE AND/OR USING THIS SOFTWARE. By activating and/or using this software, you indicate your acceptance of the following Software License Agreement. Each time you license or re-license this software you must agree to all of the following. Reciept of your licensing fees also constitutes your agreement of the following terms.

SOFTWARE LICENSE AGREEMENT

This software license agreement, including the Warranty and Special Provisions included in this package, is a legal agreement between you (either an individual or an entity) and Direct Link Corporation (hereafter “DLC”). By installing and/or using the software, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the software diskettes and the accompanying items (written materials, binders, etc.) to DLC.

1. GRANT OF LICENSE. This License Agreement permits you to use one copy of the CAR_PRO software program(s) included in this package (the "SOFTWARE") on a single computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed.

2. COPYRIGHT. The SOFTWARE (including any images, "applets", photographs, animations, video, audio, music and text incorporated into the SOFTWARE) is owned by Direct Link Corporation(Bow, NH), which, except as may be specified herein, at all times holds all rights of reversion to the SOFTWARE. The SOFTWARE is available under exclusive license to DLC, its agents and affiliates. The SOFTWARE is protected by United States copyright laws and international treaty provisions and all other applicable national laws. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that if the SOFTWARE is not copy protected you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You will receive the SOFTWARE in disk media (or on a CD-ROM or installed on the hard disk drive or ROM of your computer, or in multiple form), but regardless of the number or type(s) of media you receive, you may use only the media appropriate for your single computer. You may not use the other media on another computer or loan, rent, lease, or transfer them to another user except as part of the permanent transfer (as provided below) of all SOFTWARE and user documentation.

3. OTHER RESTRICTIONS. You may not rent, lease, sell or transfer the SOFTWARE. If the SOFTWARE is updated, these restrictions still apply. You may not reverse engineer, decompile, or disassemble the SOFTWARE, unless otherwise provided in the Warranty and Special Provisions.

4. LICENSE FEES. Unless otherwise agreed, a monthly license fee of eight($80.00) dollars, will be charged for the use of the SOFTWARE. In addition, each computer that may access the CAR_PRO program over a network, is subject to a separate license agreement, for which an additional monthly fee of fifteen($15.00) dollars will be charged. All payments shall be made to DLC, and shall be billed on a quarterly basis. Payment of the monthly License Fee is an agreed upon condition of continuing use and maintenance of this License and DLC reserves the right to change the fees, mentionned above, at any time. If payment is not received by the due date indicated on your invoice then the Licensee(YOU) will be subject to a five(5%) percent late charge of the overdue amount. All non-current accounts will be considered "IN - DEFAULT" and will not be eligible for any Technical Support of the CAR_PRO product, until such a time when the account is made current by the Licensee. Product support for the SOFTWARE is provided by DLC. For product support please contact DLC at 888-890-5022. Should you have any questions concerning this Agreement, or if you desire to contact DLC for any other reason, please direct all correspondence to Direct Link Corporation, 21 Dow Road, Bow, NH 03304.

5. US GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States 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 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Direct Link Corporation of Bow, NH.

WARRANTY AND SPECIAL PROVISIONS FOR UNITED STATES OF AMERICA

**THIS IS A LIMITED WARRANTY**

LIMITED WARRANTY. DLC warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days and one (1) year, respectively. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

CUSTOMER REMEDIES. DLC and its suppliers' entire liability and your exclusive remedy shall be, at DLC’ option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE . This Limited Warranty is void if failure of the SOFTWARE has resulted from accident. abuse, or misapplication Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days. Whichever is longer.

NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, DLC and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability for fitness for a particular purpose, with regard to the SOFTWARE and its support materials. 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 DLC (Direct Link Corporation) or its suppliers be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits. business interruption, loss of business information, or and other pecuniary loss) arising out of the use of or inability to use this product. In any case, DLC and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE . Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

SPECIAL PROVISIONS. This Software License Agreement and Warranty are governed by the laws of the State of New Hampshire and The United States Of America.