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End-User License Agreement

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The contents of the agreement are as follows:

BY CLICKING ON THE "ACCEPT" BUTTON YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, PLEASE CLICK ON THE "DECLINE" BUTTON.

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Whitson AS.

The SOFTWARE PRODUCT includes computer software, and may include associated media and "online" or electronic documentation. The SOFTWARE PRODUCT also includes any fixes, releases, upgrades, new versions or enhancements that may subsequently be issued to you, as well as any related installation services, customization services, technical support services, or other add-ons that may be provided to you in the future. By installing, copying, downloading, accessing or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA.

END-USER LICENSE AGREEMENT FOR Whitson AS (https://whitson.com/) SOFTWARE PROGRAMS

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by United States copyright laws and international copyright treaties, trademark laws, and other intellectual property laws and treaties. Whitson AS retains copyright to the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.

The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component.

The term "WEB SITE" as used herein shall mean the computer or hardware that stores the source of the directory file structure of a single numeric IP address space, which is recorded under a single domain name in the Internet's domain name system.

1. GRANT OF LICENSE

This EULA grants you the following rights:

(a) Software Installation and Use.
Whitson AS hereby grants you a single, non-exclusive, non-transferable license to use one copy of the SOFTWARE PRODUCT in accordance with the terms and conditions of the EULA. Any rights not expressly granted are reserved. This license authorizes you to install and use a single copy of the SOFTWARE PRODUCT. If you install additional copies, even if such additional copies are located on the same web site and/or the same server, such usage is prohibited unless additional licenses are purchased.

(b) Source Code Usage.
This license prohibits selling, licensing, giving away, or otherwise distributing the source code for any of the scripts contained in this SOFTWARE PRODUCT, either in full or any subpart thereof. Nor may you use this source code, in full or any subpart thereof, as part of another program that you either sell, license, give away, or otherwise distribute via any method. You may modify the source code to customize the "look and feel" of the SOFTWARE PRODUCT for your personal usage on the licensed installation only.

(c) Back-up Copy.
You may make a single back-up copy of the SOFTWARE PRODUCT. You may use the back-up copy solely for archival purposes. You may not otherwise make copies of the SOFTWARE PRODUCT.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

(a) Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer or hardware.

(b) Rental.
You may not rent, lease or lend the SOFTWARE PRODUCT.

(c) Software Product Transfer.
You may not assign all or any part of your rights or obligations under this EULA without the prior written consent of Whitson AS, and any attempt to the contrary will be void and a material breach of this EULA. Whitson AS may withhold such consent in its sole discretion. A transfer of this EULA will terminate any right to your continued possession or use of the SOFTWARE PRODUCT and you must promptly destroy all remaining copies of the SOFTWARE PRODUCT in your possession or under your control. No transfer shall be allowed unless the recipient agrees to the terms of this EULA.

(d) Termination.
This EULA shall continue in full force and effect in perpetuity unless terminated earlier in accordance with this or another section of this EULA. This EULA will terminate automatically if you breach any provision of it. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts and cease all further use of it. You agree that Whitson AS shall have the sole discretion of determining whether you are in material breach of this agreement. You further agree that Whitson AS has the right to use any and all means necessary to enforce its rights if you are in material breach of this agreement, and that termination will not entitle you to a refund of the purchase price or any other amounts paid under any circumstances whatsoever. Termination will have no effect on your obligation to safeguard and protect proprietary rights of Whitson AS, disclaimers and warranties, the Nondisclosure Agreement, the Enforcement Costs section, or the Refund Policy.

(e) Trademarks.
This EULA does not grant you any rights in connection with any trademarks or service marks of this product or of Whitson AS. You are prohibited from removing trademarks or trademark logo, by modifying the source code of the SOFTWARE PRODUCT in any manner.

(f) Copyright Notice.
Under all circumstances, you are prohibited from removing any of the copyright notices from the software, whether contained in the program code or within the HTML pages that the program generates. You are specifically prohibited from altering or removing any of the copyright notices contained within the HTML pages generated by the program, including any "Powered by" notices, such that they are no longer visible to the human eye in normal usage on web pages generated by the software (e.g., using a white font for the copyright notice on a white background). Removal or alteration of said copyright notices by User such that they are no longer visible to the human eye in normal usage on web pages generated by the software shall constitute a material breach of this EULA. You agree that if you remove the copyright notice in violation of this section, Whitson AS shall have the option of assessing a monetary penalty against you for such violation in lieu of terminating your license to use the SOFTWARE PRODUCT. Exercise of this option by Whitson AS shall in no way authorize you to continue such violation or limit the right of Whitson AS to terminate your license for subsequent violations.

(g) Nondisclosure Agreement.
As additional consideration for the license granted to you under this EULA, and due to the proprietary and confidential nature of the SOFTWARE PRODUCT and the valuable trade secrets of Whitson AS contained therein, you specifically agree not to disclose or divulge any information whatsoever about the SOFTWARE PRODUCT or the related business practices of Whitson AS, or to post or print any reviews, ratings, comments, articles or other information of any kind about the SOFTWARE PRODUCT or the related business practices of Whitson AS on or within any web sites, newsgroups, chat rooms, e-mail messages, newsletters, newspapers, magazines, or any other media of any kind, whether printed, electronic, or other formats either now known or hereafter developed, or to cause or direct any other individual, company, organization, or other entity to undertake the activities outlined above, without the prior express written consent of Whitson AS, if such reviews or comments are intended to slander Whitson AS or to harm its reputation for failure to accede to demands or requests by you that are outside the scope of the legal rights and obligations of the parties under this license agreement. You further stipulate that in the event that you (or any other individual, company, organization, or other entity that you cause or direct to engage in the activities outlined above) post any such reviews, ratings, comments, articles, or other information about the SOFTWARE PRODUCT or the related business practices of Whitson AS that are, in the sole judgment of Whitson AS, intended to slander Whitson AS or to harm its reputation for failure to accede to demands or requests by you that are outside the scope of the legal rights and obligations of the parties under this license agreement, you shall automatically be liable to Whitson AS in the amount of 10,000 (U.S. Dollars) per incident, and that you shall pay Whitson AS 1,000 per day for each additional day that the review, rating, comment, article, or other communication remains displayed in any electronic, print, or other medium. The parties understand that these amounts are intended to compensate Whitson AS, Inc., for its damages and thus constitute a remedy and not a penalty. In the event that you violate this section, you hereby agree to waive all rights to any judicial appeal of this section and this determination, and you hereby stipulate that a court of competent jurisdiction shall enter judgment against you in the relevant amounts as determined above. You further acknowledge and agree that this section shall in no way infringe upon the rights of Whitson AS to pursue other legal remedies against you or to collect other damages for additional causes of action, including but not limited to libel, defamation, tortious interference with business, fraud, theft, trademark infringement, or other legal causes of action, and that this section shall be applicable and enforceable regardless of whether Whitson AS pursues any other such legal remedies, and regardless of the outcome of any such actions.

(h) Enforcement Costs.
In the event that you breach any provision of this EULA, including but not limited to the sections regarding Termination, the Copyright Notice, the Nondisclosure Agreement, and the Refund Policy, you agree that you shall reimburse Whitson AS for all expenses related to the enforcement by Whitson AS of its legal rights under this agreement, including but not limited to its attorneys' fees, court costs, administrative fees, and all other costs, fees, and expenses incurred by Whitson AS that are associated with enforcing its legal rights under this Agreement.

(i) Access to Server.
You specifically agree that you will not install software on a server such that unauthorized persons are able to access such software.

(j) Third Parties.
Any third party or subsequent entity that purchases, installs, copies, downloads, accesses or otherwise uses the SOFTWARE PRODUCT, as well as any third party or subsequent entity that views, copies, creates derivative works from, appropriates, or otherwise alters all or any part of the source code, whether or not such actions were performed legally and in accordance with the terms of this EULA, shall be bound by the terms of this EULA, as amended from time to time by Whitson AS and posted online by Whitson AS at its web site. Performing any of the actions enumerated above shall constitute constructive agreement to be bound by the terms of this EULA.

(k) Amendments.
You agree that, in order to maintain your ongoing license to use the SOFTWARE PRODUCT, Whitson AS shall have the right to post reasonable amendments to this EULA online from time to time at its web sites, and that you shall be bound by such amendments. Such amendments must be designed to protect the intellectual property rights of Whitson AS in the SOFTWARE PRODUCT and may not impose additional or ongoing fees for using the SOFTWARE PRODUCT other than those that you agreed to or that were in effect at the time that you licensed the SOFTWARE PRODUCT. You agree that it shall be your responsibility to monitor the license agreement posted online and ensure ongoing compliance with its terms. If you disagree with any amendments posted under this section, your sole recourse shall be to terminate this license and your usage of the SOFTWARE PRODUCT, subject to the terms of the Termination clause in section 2(d) above.

3. UPGRADES

If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you were granted a license for as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer, web server, or web site. You may use a single copy of the complete, upgraded SOFTWARE PRODUCT on a single server for usage on a single web site. You may not continue to use the original SOFTWARE PRODUCT if you accept and use the upgraded SOFTWARE PRODUCT.

Whitson AS does not warrant or guarantee any upgrades to the SOFTWARE PRODUCT whatsoever. Whitson AS may provide upgrades for the SOFTWARE PRODUCT at its option, but the User hereby acknowledges and agrees that this license does not require Whitson AS to provide any upgrades whatsoever, which are provided solely at the discretion of Whitson AS. User agrees to pay any applicable upgrade fees as a condition of accepting any upgraded products offered by Whitson AS. User further acknowledges and agrees that by accepting any offers from Whitson AS of upgraded products, the User is hereby accepting all terms of the End User License Agreement that shall accompany such products. Acceptance by User of the End User License Agreement for the upgraded products, including any modifications thereto, is an essential condition of Whitson AS's offer to User of such products.

(a) Ownership.
Except as noted below, title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any source code, images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Whitson AS. Any customization, translation, modification, or revision of the source code of the SOFTWARE PRODUCT by you immediately becomes the intellectual property of Whitson AS. The creation of derivative works based on or through the use of the source code of the SOFTWARE PRODUCT is prohibited. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner. This EULA grants you no rights to use such content. All rights not expressly granted under this EULA are reserved by Whitson AS.

(b) Your Responsibilities.
You agree to use due diligence to safeguard and protect the SOFTWARE PRODUCT and all source code as the valuable trade secret and exclusive property of Whitson AS. You will at all times use due diligence to safeguard and protect all such confidential and proprietary information pertaining to the SOFTWARE PRODUCT. You will ensure that all marks, notices or legends pertaining to the origin, identity or ownership of the SOFTWARE PRODUCT remain intact and clearly legible. You specifically agree to indemnify Whitson AS for all losses that it may incur due to the theft of all or any part of the source code of the SOFTWARE PRODUCT while in your possession.

5. DUAL-MEDIA SOFTWARE PRODUCT

You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the COMPUTER. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE PRODUCT.

6. PRODUCT SUPPORT

Whitson AS provides support for the SOFTWARE PRODUCT on an as needed basis and clients requesting support will be billed for time spent in connection with the support, unless support is included in the order form. Whitson AS does not support altered or modified versions of SOFTWARE PRODUCT made by the User or any third-parties. Users should send their support requests to "snap@whitson.com". Whitson AS will reply to support requests at its earliest convenience.

7. PRODUCT PURCHASE

Commercial terms for these programs can be obtained by contacting Whitson AS at sales@whitson.com

7.1. DISCLAIMER OF WARRANTY

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE LICENSED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Whitson AS does not warrant that the functions of the SOFTWARE PRODUCT will meet your requirements or that operation of the SOFTWARE PRODUCT will be uninterrupted or error free. You assume all responsibility for selecting the SOFTWARE PRODUCT to achieve your intended results, and for the use and results obtained from the SOFTWARE PRODUCT. Whitson AS is not responsible if the SOFTWARE PRODUCT does not operate on your server or computer, nor is Whitson AS responsible for making the SOFTWARE PRODUCT operational. Should the Program prove defective, you and not Whitson AS assume the entire risk of using the program and the entire cost of any service and repair. Failure to install the program is not a valid reason for requesting a refund of the purchase price. This disclaimer of warranty constitutes an essential part of this agreement.

7.2. NO LIABILITY FOR CONSEQUENTIAL DAMAGES

To the maximum extent permitted by applicable law, in no event shall Whitson AS be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Whitson AS has been advised of the possibility of such damages. In any case, Whitson AS's entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE.

7.3. REFUND POLICY

THE SOFTWARE PRODUCT AND THE ACCOMPANYING FILES ARE LICENSED TO YOU AS IS AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE AND AGREE THAT THERE SHALL BE ABSOLUTELY NO REFUNDS FOR ANY REASON WHATSOEVER, INCLUDING FAILURE TO INSTALL THE PROGRAM, A CHANGE IN MARKET CONDITIONS, A CHANGE IN BUSINESS OR WEB SITE STRATEGY, A CLAIM THAT THE PRODUCT DOES NOT SUIT YOUR NEEDS OR IS NOT WHAT YOU EXPECTED, MODIFICATIONS OF THE SOURCE CODE IMPLEMENTED BY THE USER THAT ALTER THE FUNCTIONALITY OF THE SOFTWARE PRODUCT, THE UNAVAILABILITY OF Whitson AS FOR CUSTOMIZATIONS TO THE SOFTWARE PRODUCT, OR FOR ANY OTHER REASON. BY PURCHASING OR USING THE SOFTWARE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE EXERCISED DUE DILIGENCE IN ASCERTAINING THAT THE SOFTWARE PRODUCT WILL RUN ON YOUR WEB SERVER AND THAT IT WILL MEET YOUR NEEDS.

If neither you nor we are able to successfully install the SOFTWARE PRODUCT on your web server after you have purchased the Installation Option, Whitson AS will host the SOFTWARE PRODUCT for you on our web servers until you are able to find a suitable web server, for a period not to exceed three (3) months.

This Agreement governs the licensing and use of the SOFTWARE PRODUCT and is intended to operate in conjunction with Whitson AS’s general Terms and Conditions. The Terms and Conditions constitute the primary agreement between you and Whitson AS. This Agreement supplements those Terms and Conditions solely with respect to the licensing and use of the SOFTWARE PRODUCT. In the event of a direct conflict between this Agreement and the Terms and Conditions, the Terms and Conditions shall prevail, except that this Agreement shall govern exclusively with respect to the scope of the license, usage restrictions, and intellectual property rights in the SOFTWARE PRODUCT.

Any provision found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law, and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement on future occasions. Headings are for reference purposes only and have no substantive effect.