Ideabytes Inc, its subsidiaries, affiliates, and suppliers (collectively “DGSMS”) own intellectual property rights in the Software Products. By using any DGSMS Software Products (“the Software Products”), you, as an authorized representative of your employer (“Licensee”), agree to the following Terms of Use and Licensing of the Software Products. The Software Products and any accompanying documentation are provided as Software as a Service (SaaS), are licensed and are not sold. The Software Products are protected by copyright laws and treaties, as well as laws and treaties relating to other forms of intellectual property. The Licensee’s license to use, copy and/or modify the Software Products is subject to the within rights, terms and conditions of this Terms of Use and End User License Agreement (“Agreement”).

License Grant

Each license entitles Licensee to one user at any time for use of the Software Products. Licensee may not use or permit the use of the Software Products by more concurrent users than the number permitted by the license.

Concurrent multiple use is only allowed if Licensee obtains an appropriate license agreement for each concurrent user of the Software Products. For further information regarding licensing of the Software Products, please contact:

E-mail Address:info@dgsms.ca

Phone Number: 888-409-8057

Restrictions on Transfer

Without first obtaining the express written consent of DGSMS, Licensee may not assign, redistribute, encumber, sell, rent, lease, sublicense and/or transfer its rights and obligations as relating to this Agreement and the Software Products.

Restrictions on Use

The Software Products must only be used by individuals approved to manage, handle and coordinate the transport of dangerous goods and or hazardous materials.

Licensee may not decompile, “reverse-engineer,” disassemble, or otherwise attempt to derive the source code for the Software Products.

Licensee may not use the database portion of the Software Products in connection with any software other than the Software Products.

Restrictions on Alteration

Licensee may not modify the Software Products or create any derivative work of the Software Products or its accompanying documentation. Derivative work includes but is not limited to translations. Licensee may not alter any files or libraries in any portion of the Software Products. Licensee may not reproduce the database portion or create any tables or reports as relating to the database portion.

Restrictions on Copying

Licensee may not copy any part of the Software Products.

Disclaimer of Warranties

IDEABYTES PRODUCT LICENSES AND LICENSEE ACCEPTS THE SOFTWARE PRODUCTS “AS-IS.” IDEABYTES PROVIDES NO WARRANTY AS TO THE FUNCTION OR USE OF THE SOFTWARE PRODUCTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED SOFTWARE PRODUCTS IS WITH THE LICENSEE. DGSMS DOES NOT WARRANT THAT THE FUNCTION OF THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

SOME STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE MAY NOT APPLY TO LICENSEE. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS IDEABYTES’ ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE AS TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE PROVINCE OF ONTARIO, CANADA.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL IDEABYTES, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCTS, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF DGSMS OR ANY OTHER PARTY,

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

Acceptance

BY USING THIS SOFTWARE, LICENSEE ACCEPTS AND AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LICENSEE MUST NOT USE OR COPY THE SOFTWARE PRODUCT.