End User License Agreement

IMPORTANT: READ THIS AGREEMENT CAREFULLY. BY SELECTING “I ACCEPT,” INSTALLING, COPYING, OR USING FIELDFINDINGS PROFESSIONAL, YOU AGREE TO BE BOUND BY THIS END USER LICENSE AGREEMENT (“AGREEMENT”). IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE. 1. PARTIES AND SOFTWARE This Agreement is between you, or the organization on whose behalf you are acting (“Licensee”), and Ronald Telford (“Licensor”). “Software” means the FieldFindings Professional downloadable Windows application, its installer, included documentation, updates supplied under this Agreement, and associated files. 2. LICENSE GRANT Subject to payment and compliance, Licensor grants a limited, perpetual, non-exclusive, non-sublicensable, non-transferable license for one named user on one computer at a time owned or controlled by Licensee. Additional users or concurrently activated computers require additional licenses unless agreed in writing. The computer may be changed only through supported deactivation or owner-authorized reset. 3. OWNERSHIP The Software is licensed, not sold. Licensor retains all right, title, and interest in the Software and its proprietary materials. No ownership rights are transferred. 4. PERMITTED USE Licensee may use the Software for lawful physical-security assessments and related professional work, make one reasonable archival backup, and use reports created from Licensee’s own data subject to third-party rights. 5. RESTRICTIONS Except where law expressly permits and cannot be waived, Licensee may not copy or distribute except as allowed; rent, lease, lend, sell, sublicense, publish, host, or provide the Software as a service; share a named-user license; reverse engineer; remove proprietary notices; defeat licensing/security controls; violate law or others’ rights; or use unauthorized access to develop a competing product. 6. CLIENT DATA, PRIVACY, AND SECURITY Assessment records are designed for a customer-selected local data folder. The activation service does not receive assessment records, photographs, documents, report content, or the client database. Licensing may process purchaser/licensed-user details, license proof, a one-way device identifier, computer name, version, network address, and licensing/security timestamps. Licensee is responsible for permissions, confidentiality, access, backups, credentials, and legal compliance. 7. PROFESSIONAL JUDGMENT; NO SECURITY GUARANTEE The Software is a documentation and decision-support tool. It does not replace qualified judgment or professional/legal/regulatory advice and does not guarantee identification of every issue or security of any person, facility, system, or organization. Licensee remains responsible for conclusions, reports, recommendations, and services. 8. UPDATES, UPGRADES, AND SUPPORT The license includes updates Licensor elects to provide for the same major version. Licensor is not obligated to create any update, feature, compatibility change, or support service. New major versions and separately offered services may require fees. 9. THIRD-PARTY COMPONENTS Third-party components may be governed by their own terms and notices, which apply as required. 10. LIMITED WARRANTY AND EXCLUSIVE REMEDY For thirty days after original purchase, Licensor warrants substantial conformity with accompanying documentation on a supported system. Exclusions include misuse, unauthorized modification, unsupported systems, third-party products, malware, damaged data, lost credentials/recovery keys, and failure to follow instructions. The exclusive remedy is, at Licensor’s option, commercially reasonable correction, replacement, or refund of the affected license amount upon termination. 11. DISCLAIMER OF WARRANTIES EXCEPT FOR THE EXPRESS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES ARE DISCLAIMED, INCLUDING MERCHANTABILITY, FITNESS, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY, AND ERROR-FREE OR UNINTERRUPTED OPERATION. 12. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, OR DATA; SUBSTITUTE SERVICES; SECURITY INCIDENTS; LOSSES ARISING FROM PROFESSIONAL DECISIONS; OR THIRD-PARTY CLAIMS. TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE LICENSE GIVING RISE TO THE CLAIM. LIABILITY THAT CANNOT LAWFULLY BE LIMITED IS NOT LIMITED. 13. INDEMNIFICATION To the extent permitted by law, Licensee will defend, indemnify, and hold Licensor harmless from third-party claims arising from unlawful use, breach, Licensee’s services/reports, or missing data rights/permissions, excluding Licensor’s willful misconduct. 14. TERM AND TERMINATION The Agreement continues until terminated. Licensee may terminate by ceasing use and deleting copies. Licensor may terminate for uncured material breach, or immediately if not curable. Licensee must stop use and delete the Software after termination. Provisions intended by nature to survive will survive. Uninstallation does not automatically delete client data. 15. EXPORT AND LEGAL COMPLIANCE Licensee will comply with applicable export, sanctions, privacy, intellectual-property, and other laws and represents it is not prohibited from receiving or using the Software. 16. GOVERNING LAW AND VENUE Iowa law governs without conflict-of-law rules. Legal actions must be brought in a state or federal court with jurisdiction in or serving Henry County, Iowa. The U.N. Convention on Contracts for the International Sale of Goods does not apply. 17. TRANSFER AND ASSIGNMENT Licensee may not transfer the Agreement, named-user license, activation key, or Software without prior written consent. A replacement computer may be authorized through supported deactivation or verified reset. Licensor may assign this Agreement with a related business or asset transfer. 18. CHANGES TO THIS AGREEMENT A revised agreement may accompany a future update or major version and applies only after affirmative acceptance. Earlier installed versions remain governed by the accepted agreement unless law or written agreement requires otherwise. 19. GENERAL TERMS This Agreement and written order/license documents are the entire agreement concerning the Software. Unenforceable provisions are modified only as necessary; remaining provisions continue. Failure to enforce is not waiver. Notices use the current official website or purchase-record contact method. 20. ACCEPTANCE RECORD The installer may store locally the product/version, EULA version/hash, acceptance time, Windows user, and acceptance method for licensing/audit purposes. It is not automatically transmitted. BY SELECTING “I ACCEPT,” LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ, UNDERSTANDS, AND AGREES TO THIS AGREEMENT AND HAS AUTHORITY TO ACCEPT IT.