END-USER SOFTWARE LICENSE AGREEMENT

Summary: Following are the terms of license for The Walk Log. These terms apply to you whether or not you register the software.

Contact: Please submit questions, bug reports, and suggested improvements to:
support@walk-log.com
or visit http://www.walk-log.com/support.aspx.

YOUR AGREEMENT TO THIS LICENSE

This License only applies to the executable code for the English-language version of the The Walk Log software and any accompanying distributable files, data and materials ("The Walk Log"). You should carefully read the following terms and conditions before using, installing, copying, or distributing The Walk Log. Unless otherwise agreed in a writing signed by Author of The Walk Log (Tony Smith) your use, installation, copying, or distribution of The Walk Log indicates your acceptance of this agreement ("License"). You understand and agree that the terms and conditions of this License are the only terms and conditions applicable to your purchase of this License or use of The Walk Log and any additional or different terms specified, referenced, and/or incorporated by any document provided by you or on your behalf are hereby rejected by The Walk Log. Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, copy, install, or distribute The Walk Log. The terms and conditions of this License describe the permitted use and user(s) of each Licensed Copy of The Walk Log.

1. TRIAL PERIOD AND REGISTRATION

This product is copyrighted shareware, not public-domain software. You may use the unregistered version at no charge for an evaluation period of 30 days only. To continue to use the software beyond the 30-day evaluation period, you must register the software at www.walk-log.com.

To register, see "How to Pay" below.

2. INDIVIDUAL REGISTRATION

Individual registration at the current price, as shown on the Web site http://www.walk-log.com/purchase.aspx, entitles one user to use the registered version of The Walk Log forever. Future versions of The Walk Log may or may not be available as free upgrades. The Author of The Walk Log, Tony Smith, reserves the right to release free upgrades at his discretion. Individual registration also gives priority in response to questions or bug reports. You may make copies of the registered version of The Walk Log for backup or archival use, but you may not give copies to anyone else. To share The Walk Log with someone, please direct them to the program website: http://www.walk-log.com/download.aspx

This License Agreement (including the product) is not transferable. You may not lend, loan, lease, rent, sell or distribute the product (or copies) in any form.

3. HOW TO PAY

You may purchase The Walk Log on line by credit card or other means. Purchases will be processed by 2Checkout.com. Visit http://www.walk-log.com/purchase.aspx for information regarding how to purchase The Walk Log.

4. SUPPORT FOR The Walk Log

Support is available via e-mail at support@walk-log.com. We’re sorry, but at the given fees for registration it is not economical for us to provide free phone support.

All registered users: We guarantee that we will respond to the best of our ability, and as promptly as is reasonably possible, to all reasonable queries from registered users.

Unregistered users: We intend to respond to your queries, but we will naturally give priority to registered users.

5. UPGRADES TO The Walk Log

Program upgrades are announced on our Web site http://www.walk-log.com/. The Walk Log will also check for updates automatically when the program is started. (Note, in order for The Walk Log to automatically check for an update, you will need to ensure that your internet firewall is configured correctly.). By accepting this agreement, you relieve Author of The Walk Log of any issues related to internet connectivity. You can always refer to the web site and see if there are any updates available for you.

The evaluation version of a program upgrade can be downloaded from http://www.walk-log.com/download.aspx.

Suggestions for new features or other improvements will be gratefully received and given careful consideration. When you offer suggestions, you give Author and The Walk Log full permission to make any use of them that we see fit.

6. LIMITATIONS OF USE

You are expressly forbidden from making alterations or modifications to, merge, adapt, de-compile, disassemble, reverse engineer, or attempt to discover the source code without the expressed written permission from Author of The Walk Log. For evaluation version, you may only use this software for non-commercial use. For commercial use, you must register this software.

7. WARRANTY FOR The Walk Log

We will gratefully receive defect reports related to the software or documentation. Though we certainly intend to fix all reported bugs, we do not guarantee to do so.

The software and documentation for The Walk Log are offered AS IS and WITHOUT ANY WARRANTY express or implied, including but not limited to warranty of design, merchantability, or fitness for a particular purpose. In no event shall we be liable for any incidental, indirect, special, or consequential damages resulting from your use of or inability to use the software or documentation, even if we or our representative have been advised of the possibility of such damages. In no event will our total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for the software, exclusive of handling charges, commissions, and currency conversion fees. You acknowledge that good data processing procedure dictates that any program, including The Walk Log, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of The Walk Log covered by this License. This disclaimer of warranty constitutes an essential part of this License.

8. MISCELLANEOUS

Applicable Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Tennessee without regard to conflict of laws principles and without regard to the 1980 U.N. Convention on Contracts for the International Sale of Goods. The federal and state courts of Tenneessee shall have exclusive jurisdiction and venue to adjudicate any dispute arising out of this Agreement, and you expressly consent to (i) the personal jurisdiction of the state and federal courts of Tennessee, and (ii) service of process being effected upon you by registered mail.

Invalidity and Waiver. Should any provision of this Agreement be held by a court of law to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions of this Agreement will not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions of this Agreement, unless waived in writing, will not constitute a waiver of that party's right to enforce each and every term and condition of this Agreement.

U.S. Government Restricted Rights. The Software is provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND The Walk Log WHICH SUPERSEDES ANY PROPOSAL OR PRIOR OR CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT