PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. THIS “LICENSE AGREEMENT” IS A LEGAL AGREEMENT BETWEEN YOU AND WEEKEND WARRIOR PRODUCTIONS, L.L.C. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT AND THE LICENSE GRANTED HEREUNDER. IF YOU DO NO AGREE WITH THE TERMS OF THIS LICENSE AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE TO WEEKEND WARRIOR PRODUCTIONS, L.L.C. AND YOUR MONEY WILL BE REFUNDED.

License. The Whitetail Pro Log Software accompanying this License (hereinafter “Software”), regardless of the media on which it is distributed, is licensed (not sold) to you by Weekend Warrior Productions, L.L.C. (hereinafter, “VENDOR”). You own the medium on which the Software is recorded, but VENDOR retains title to the Software, as well as all rights in the related documentation, if any. VENDOR retains all intellectual property rights in and to the Software, including, but not limited to, rights under federal copyright laws, federal patent laws, or any applicable state laws.

Registration of the Software With VENDOR. Upon purchase of the Software, you will be required to contact VENDOR via electronic mail or telephone to register the Software and obtain your personal keycode. Once the Software is loaded on your computer, you will have ten days to complete the registration form for the Software and to enter your personalized keycode. If this is not done within the specified time period, the Software will automatically be locked. If that occurs, please contact the VENDOR for further instructions.

Pursuant to this License and this Agreement, you may:

(i) Install, execute, and use the Software database on a single computer, device, workstation, or terminal. It is permissible under this License for you to install, execute, and use the operating software on one or more networked computers to allow you to access the database from remote locations. This Agreement in no way grants you the right to install, execute, and use the Software database on more than one computer.

(ii) Make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy the VENDOR’s copyright notice and any other proprietary legends that were on the original copy of the Software. No other copies are allowed for any reason without the express, written consent of VENDOR.

(iii) Make a one-time, permanent transfer of all your License rights in the Software, the backup copy of the Software (if one was made), the related documentation, and a copy of this Agreement to another end user. The transferee must agree to comply with the terms and conditions of this Agreement, including the obligation not to further transfer the Software or any rights hereunder.

4. Restrictions. The Software contains copyrighted material, trade secrets, and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not:

(i) Decompile, reverse engineer, disassemble, modify, translate, otherwise reduce the Software to a human-perceivable form, or make any attempt to discover the source code.

(ii) Modify, network, rent, lend, loan, distribute, or create derivative works based upon the Software in whole or in part.

(iii) Electronically transmit the Software from one computer to another or over a network.

(iv) Sublicense, rent, or lease any portion of the Software to another user.

5. Termination. This License is effective until terminated. Licensee may terminate this License at any time by destroying the Software, related documentation, and all copies thereof. This License will terminate immediately without notice from VENDOR if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately destroy the Software, related documentation, and all copies thereof.

6. Export Law Assurance. You agree and certify that neither the Software nor any other technical data received from VENDOR, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Software nor any other technical data received from VENDOR, nor the direct product thereof, except as permitted by the laws and regulations of the Untied States and the laws and regulations of the jurisdiction in which you obtained the Software.

7. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees:

(i) if the Software is supplied to the Department of Defense (DoD), the Software is classified as “Commercial Computer Software” and the Government is acquiring only “restricted rights” in the Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and

(ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government’s rights in Software and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, int eh case of NASA, in Cluase 18052.227-86(d) of the NASA Supplement to the FAR.

8. Limited Warranty on Tangible Media. VENDOR warrants the tangible media on which the Software is recorded to be free from defects in materials and workmanship under the normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. VENDOR’s entire liability and your exclusive remedy will be replacement of the media not meeting VENDOR’s limited warranty and which is returned to VENDOR or an VENDOR authorized representative with a copy of the receipt. VENDOR will have no responsibility to replace an media damaged by accident, abuse, or misapplication. ANY IMPLIED WARRANTIES ON THE TANGIBLE MEDIA, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

9. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided “AS IS” and without warranty of any kind and, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, VENDOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VENDOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, VENDOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VENDOR OR VENDOR’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT VENDOR OR VENDOR’S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

10. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL VENDOR OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF THE USE, MISUSE, OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF VENDOR OR VENDOR’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall VENDOR’s 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.

11. Miscellaneous.

(i) This Agreement shall be deemed to be a contract that is made under the laws of the State of Louisiana, U.S.A., and for all purposes shall be interpreted in its entirety in accordance with the laws of said State. No litigation that is connected herewith shall be instituted or conducted in any court other than a competent court in said State. If any action shall be brought on account of any breach of or to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees.

(ii) If any provision of this Agreement shall be held to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

(iii) This Agreement, including all exhibits and documents directly referenced, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supercedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

(iv) No amendment to or modification of this Agreement will be binding unless in writing and signed by a duly authorized representative of both parties.