End User License Agreement

The JAG Project Manager Web Application is licensed, not sold, to You for use only under the terms of this License. The licensor James Gwisdala Jr. d/b/a JAG Creations (the “Application Provider”) reserves all rights not expressly granted to You. The JAG Project Manager Web Application that is subject to this License is referred to in this License as the “Licensed Application.”

a. Reservation of Copyright. The Application Provider reserves exclusive ownership of any copyright arising from the Licensed Application and all rights flowing there from.

b. Scope of License. This License granted to You for the Licensed Application by the Application Provider is limited to a non-transferable License to use the Licensed Application on any computer, phone or handheld device that You own or control. This License does not allow You to use the Licensed Application on any computer, phone or handheld device that You do not own or control, and You may not distribute or make the Licensed Application available to anyone who is not actively employed by You. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent as may be permitted by the licensing terms governing use of any open sourced components included with or accessed by the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by the Application Provider that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that License will govern.

c. Access to Licensed Application. Upon entering into this License, the Application Provider will provide a user identification and password per user to enable Your access to and use of the Licensed Application. You acknowledge and consent to the hosting of the Licensed Application on servers under the sole control and ownership of the Application Provider.

d. Consent to Use of Data. You agree that the Application Provider may collect and use generic technical data and related information, including but not limited to technical information about Your usage of the Licensed Application, number of users, and data storage in connection with Your usage of the Licensed Application, that is gathered periodically. The Application Provider may use this information to improve or market its products or to provide services or technologies to You. The data collected under this provision will not include the substantive data of any transaction rendered by You using the Licensed Application (“client content”).

e. Termination. The License is effective until terminated by You or the Application Provider. Your rights under this License will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this License. Upon termination of the License, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application within five (5) business days of the termination. Upon termination of the License, the Application Provider will return all client content to You within five (5) business days.

f. Services; Third Party Materials. The Licensed Application may enable access to the Application Provider’s and third parties’ services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services. The Application Provider does not guarantee the availability, accuracy, completeness, reliability, or timeliness of information or data displayed by the Licensed Application or any Services. You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner. To the extent You choose to use the Licensed Application or Services, You do so at Your own initiative and are responsible for compliance with any applicable laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

g. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND, AND THE APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF TITLE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED.NO ORAL OR WRITTEN INFORMATION, REPRESENTATIONS, OR ADVICE GIVEN BY THE APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR WILL BE RELIED UPON BY YOU. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

h. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), AND EVEN IF THE APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of the license fee paid by You for use of the Licensed Application.

i. Compliance with Law. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law.

j. Entire Agreement. This License constitutes the entire agreement and understanding between You and the Application Provider regarding the subject matter of this License, and supersedes any and all prior oral and written agreements, understandings and representations between You and the Application Provider regarding the subject matter of this License, which are merged herein and are of no further force or effect. No representation, warranty, condition, understanding, or agreement of any kind with respect to this License shall be relied upon by You or the Application Provider except those expressly stated herein. This License is a fully integrated document and may not be amended or modified except by a written agreement signed by both You and the Application Provider.

k. Severability. If any provision of this License is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, such provision shall be deemed amended to the extent required by a court of competent jurisdiction to make it valid and enforceable, and such amended provision and the remaining provisions of this License will remain in full force and effect.

l. Governing Law. The laws of the State of Texas, excluding its conflicts of law rules, govern and construe this License and Your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

m. Venue. You irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts sitting in Collin County, Texas for any legal proceeding arising from or relating to this License. You irrevocably waive, to the fullest extent permitted by law, the defense of inconvenient forum to the maintenance of legal proceedings in the foregoing courts.

BY USING THIS SITE, YOU SIGNIFY THAT YOU HAVE REVIEWED THE FOREGOING TERMS AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.