END USER LICENSE AGREEMENT (EULA) IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Pocketfleet for the Pocketfleet software product identified above, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Product"). An amendment or addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT. SOFTWARE PRODUCT LICENSE 1. GRANTS OF LICENSE. Pocketfleet grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA. 1.1 General License Grant. Pocketfleet grants to the registered owner, the right to install and use this product on one computer only. There is no restriction on who may use the product once installed provided the installed version is a registered legal copy. 1.2 Documentation. You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises. 1.3 Storage/Network Use. You may not store or install a copy of the Product on a storage device, such as a network server, used to run multiple copies of this software. 2. SAMPLE DATA AND CONFIGURATIONS. In addition to the rights granted in Section 1, certain portions of the Product, known as Sample Data, are provided to you with additional license rights. These additional license rights are conditioned upon your compliance with the distribution requirements and license restrictions described in Section 3. 2.1 Sample Data. Pocketfleet grants you the right to use and modify sample Data. 3. DISTRIBUTION REQUIREMENTS. If you are authorized and choose to redistribute this software, you agree: (a) to distribute software unedited, without registration keys and in a compressed format containing all of the documentation and sample code unless a reimbursement agreement has been made with Pocketfleet Diagnostic Solutions. (b) to distribute software unedited, in it's original form as provided by the developer without addition or subtraction. You also agree to provide keys or commercial versions to purchaser's and forward the details of the sale along with the portion of the revenue as agreed to the developer in the manner agreed. 4. OTHER INCLUDED SOFTWARE. If this software includes other software such as a mobile version for use on mobile devices, your licensing rights to the mobile software is not included in the licensing rights of this package and such licenses must be obtained separately. 5. ADDITIONAL TERMS 5.1 RENTAL. You may not rent, lease or lend the Product. 5.2 Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Pocketfleet Diagnostic Solutions. 5.3 Consent to Use of Data. You agree that Pocketfleet Diagnostic Solutions and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Product. Pocketfleet Diagnostic Solutions may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. 5.4 Termination. Without prejudice to any other rights, Pocketfleet Diagnostic Solutions may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Product and all of its component parts. All fees paid are forfeit. 5.5 Benchmark and Beta Testing. You may not disclose the results of any benchmark test or Beta Tests of the of the Product to any third party without Pocketfleet Diagnostic Solutions prior written approval. Disclosure may result in your being liable for lost sales and future lost sales that resulted from that disclosure. 5.6 Trial Period: This software has no Trial version and must be registered. Once Registered, a key will be provided that will enable the features of this product. Bypassing this key by the use of unauthorized key generating programs or by altering the software on a binary or assembly level is considered theft and will be treated accordingly, distributing these altered versions will make you liable for any and all lost sales and you will then become liable for those lost sales. 6. UPGRADES. To use a Product identified as an upgrade, you must first be licensed for the product identified by Pocketfleet Diagnostic Solutions as eligible for the upgrade. After upgrading, you may no longer use the product that formed the basis for your upgrade eligibility. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Product is an upgrade of a component of a package of software programs that you licensed as a single product, the Product may be used and transferred only as part of that single product package and may not be separated for use by more than one end user. 8. DOWNGRADES. Instead of installing and using the Product, you may install and use one copy of an earlier version of the Product, provided that you completely remove such earlier version and install the original Product within a reasonable time. Your use of such earlier version shall be governed by this EULA, and your rights to use such earlier version shall terminate when you install the original Product. 9. LIMITED WARRANTY FOR PRODUCT ACQUIRED IN THE US AND CANADA. Pocketfleet Diagnostic Solutions warrants that the Product will perform substantially in accordance with the accompanying materials for a period of ninety days from the date of receipt. Any supplements or updates to the Product, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Pocketfleet Diagnostic Solutions or an authorized distributor, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet Pocketfleet's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 11 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. (a) return of the price paid (if any) for the Product, or (b) repair or replacement of the Product, that does not meet this Limited Warranty and that is returned to Pocketfleet Diagnostic Solutions with a copy of your receipt. You will receive the remedy elected by Pocketfleet or by one of the authorized distributors, without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Product to Pocketfleet Diagnostic Solutions). This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use device or equipment failure or a virus. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by Pocketfleet Diagnostic Solutions are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Pocketfleet Diagnostic Solutions, pfsupport@rogers.com ( c ) This product is intended for use by trained personnel only and only according to the manual. Problems or damage caused by an interaction of this software and unsupported driver software for any adapters or add-ons is considered to be the result of misuse and no warranty or remedies shall apply. (d) Personal injury or property damage resulting from misuse, failure to follow directions, Use by any person or persons not fully trained in the repair and maintenance of the system being tested and thereby unfamiliar with any and all warnings or cautions the manufacturer has recommended, defects in the system being diagnosed, Failure to follow manufacture recommended repair procedures, Failure to use only recommended tooling, or defects in the computer or protocol adapter and related software shall not be the reasonability of Don Laverdure, Pocketfleet, or any of it’s authorized distributors. Cummunication errors, faulty diagnostic data busses, external noise and lost bytes can cause errors in readings and fault detection, Any faults diagnosed should be followed through with proper troubleshooting proceedures to confirm the reported error messages before replacing componants dismantalling major systems. 10. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Pocketfleet Diagnostic Solutions and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim 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 particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support or other services, information, software, and related content through the Product or otherwise arising out of the use of the Product. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT. 11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POCKETFLEET DIAGNOSTIC SOLUTIONS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF POCKETFLEET OR ANY SUPPLIER, AND EVEN IF POCKETFLEET OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 12. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Product. The third party sites are not under the control of Pocketfleet, and Pocketfleet is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Pocketfleet is not responsible for webcasting or any other form of transmission received from any third party sites. Pocketfleet is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Pocketfleet of the third party site. 13. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Pocketfleet and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Pocketfleet with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 10, 11 and 12 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. 14. EXPORT RESTRICTIONS. You acknowledge that the Product Diagnostic Solutions is of Canadian origin and subject to Canadian export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Product, 15. APPLICABLE LAW. If you acquired this Product in the United States, this EULA is governed by the laws of the Province of Ontario Canada. If you acquired this Product in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. 16. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and Pocketfleet relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Pocketfleet policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. 17. The Product is protected by copyright and other intellectual property laws and treaties. Don Laverdure maintains ownership of the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.End Users are granted the rights to use the software in accordance to this agreement, ownership of the copy is not granted. 18. THE AGREEMENT Installing and using this software is considered to be an agreement that you will comply with the terms of this license agreement in full. 19. FAILURE TO COMPLY: Pocketfleet or Don Laverdure reserves the right to revoke at any time the license granted to you under this agreement if it has been found that you broke the agreement. In such a case the fee paid by you may not be refunded. The software may then be made to stop functioning by any means considered reasonable provided no other software or hardware is affected. Pocketfleet and / or Don Laverdure shall at no time deliberately cause any other software or system to be impaired or restricted in any way in accordance with international and local laws governing the lawful use of a personal or business computer. 20. CHANGES TO THIS AGREEMENT: Pocketfleet, Pocketfleet Diagnostic Solutions, or Don Laverdure (Developer) reserves the right to periodically refine and update this agreement. No other sources of updated terms will be recognized. Any authorized changes to this agreement shall make previous terms void and the new terms shall apply to any current and future copies of this software, furthermore, it is the reasonability of the end user to obtain any modified agreements prior to seeking any remedies.