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\pard\sa200\sl276\slmult1\f0\fs22\lang9 DailyLog BASIC Software License Agreement\par
Effective as of February 1st 2015\par
ATTENTION: There may be a revised version of this EULA. Please visit {{\field{\*\fldinst{HYPERLINK http://www.dailylog.net/index.php/eula.html }}{\fldrslt{http://www.dailylog.net/index.php/eula.html\ul0\cf0}}}}\f0\fs22  for the most current versions.\par
By downloading, installing, copying, or otherwise using this or any other version or upgrade of this software (the \ldblquote Software\rdblquote ) you, the agency, any associated or contracted agency, organization or individual employee or contractor, or any other associated or contracted agency, (individually and collectively "you"), agree to be bound by the terms of this DailyLog Software License Agreement ("License Agreement").  This License Agreement applies to all updates and upgrades to this software, whether manually or automatically downloaded. If you do not agree to the terms of this License Agreement, you are not authorized to use the Software. \par
User License\par
This Software and accompanying documentation is protected by copyright law and international copyright treaty. The Software is licensed, not sold, to you. DailyLog retains ownership of all copies of the Software. DailyLog grants to you a non-exclusive, non-transferable license to use the Software in this License Agreement. This License permits the use of the Software solely for your internal use and benefit with the officers and regular employees of your agency. The Software shall not be installed onto an Internet site or made available electronically, physically, or in any other manner to anyone who is not part of the license agreement. This License is granted provided at no cost. \par
Restrictions\par
Each software user license is licensed to one licensed user, and can only be used by that specific licensed user. The original version and upgraded versions of the Software shall not be available for production use at the same time and shall not be transferred separately. A copy of the upgraded Software may be used for testing purposes. You shall not decompose, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable form. You shall not transfer, rent, lease, lend, modify, translate, sublicense, or time-share this Software, media, or documentation.  You agree that neither the Software nor any direct product thereof will be transferred or re-exported, directly or indirectly, into any country prohibited by the U.S. Export Administration Act and its regulations, nor will it be used for any purpose prohibited by the Act. \par
NO WARRANTY\par
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT DAILYLOG) ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT WILL DAILYLOG BE LIABLE FOR ANY DAMAGES, INCLUDING LOST DATA, LOST LOGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS PROGRAM. ALSO, DAILYLOG MAKES NO REPRESENTATION OR WARRANTY THAT THE SOFTWARE OR DOCUMENTATION ARE ERROR-FREE OR MEET ANY USER-PARTICULAR STANDARDS, REQUIREMENTS OR NEEDS.\par
Derivative Works\par
Subject to the terms and conditions of this License Agreement, DailyLog grants you the non-exclusive right to make and use modifications, additions, updates or other changes you make to the Software (\ldblquote Derivative Works\rdblquote ). Any right to make Derivative Works shall be subject to the advance written approval of DailyLog with respect to each such Derivative Work.  You shall not make or use any Derivative Work without such advance written approval.  All rights in and to all Derivative Works here under shall belong to DailyLog You shall not employ or contract with any person or entity, including a government employee or representative, to assist or become involved in developing any Derivative Work if that person or entity has a contractual or legal relationship the effect of which encumbers DailyLog\rquote s rights in the Software or which purports to transfer any proprietary rights in the Software or Derivative Work to another entity.  You shall not enter into agreements to receive funding or grants which purport to transfer to a third party any proprietary rights or which would result in any other entity besides DailyLog owning any proprietary rights in the Software or any Derivative Work.  \par
Copyrights, Trademarks and Patents\par
The technology may be covered by U.S. patents, or by U.S. and international patents pending. The Software, including without limitation any images, animation, sound, music and text incorporated therein is the subject of U.S. and international copyright protection, including a U.S. copyright registration. This Agreement grants you no right, license, or interest of any kind in or to such copyrights, trademarks and patents, and you agree that you will assert no such right, license or interest or otherwise challenge DailyLog\rquote s exclusive ownership of such copyrights, trademarks and patents. \par
Termination of This License Agreement\par
This License Agreement will terminate immediately, without notice from DailyLog, if you fail to comply with any of its provisions.  Upon termination of this License agreement, you must destroy all copies of the Software. Each year, the exact number of user\rquote s licenses shall be adjusted (additions or deletions), based on the number of user licenses required for your agency to maintain compliance with this License Agreement.  In the event that individual user licenses are terminated for any reason, it will not affect this License Agreement as a whole.  DailyLog reserves all rights not specifically granted to the user in this statement.\par
Disclaimer and Limitation of Liability\par
DailyLog assumes no responsibility for any damage or loss resulting from the use of this Software. DailyLog also assumes no responsibility for any damage or loss caused by the use of any third party software or hardware.  DailyLog assumes no responsibility for the deletion of data as a result of malfunction, repairs, user error, software defects, or hardware battery replacement.  You maintain the sole responsibility of making and keeping sufficient backup copies of all data and media to protect against data loss. Notwithstanding the forgoing, DailyLog\rquote s aggregate liability to you in relation to any claims arising under this Agreement shall not exceed the total amount paid to DailyLog under this Agreement.\par
Permission to use Agency for Promotions\par
By using DailyLog, you agree to allow DailyLog to use your agency in promotional materials, including e-mail newsletters and our website. Also, you agree to allow us to use your agency patch/badge or logo in those promotional materials. For example, we would use your agency patch on our website to add to our collection of users. Agencies would be referred as \ldblquote Users\rdblquote  and not \ldblquote Customers\rdblquote .\par
Entire Agreement\par
This Agreement sets forth the entire understanding and agreement between the parties and may be amended only in writing signed by both parties.  No vendor, distributor, dealer, retailer, salesperson, or other person is authorized by DailyLog to modify this Agreement or make any warranty, representation, or promise that is different than, or in addition to, the warranties, representations, or promises of this Agreement.\par
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