Creative Computer Consulting.
and Affiliated Companies

COMPUTER SOFTWARE LICENSE AGREEMENT

NOTICE: THIS DOCUMENT CONTAINS A LEGALLY BINDING AGREEMENT BETWEEN YOU, THE USER, AND US, THE OWNER OF THIS ON-LINE SERVICE. BEFORE ACCEPTING, YOU SHOULD READ AND UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY. IT IS FURTHER RECOMMENDED THAT YOU OBTAIN LEGAL ADVICE BEFORE ACCEPTING THIS AGREEMENT AS IT DEFINES THE RIGHTS, OBLIGATIONS AND LIMITATIONS OF THE PARTIES WITH RESPECT TO USE OF THIS PRODUCT. THE RIGHTS AND OBLIGATIONS SET FORTH HEREIN MAY BE ENFORCED IN A COURT OF LAW OR EQUITY.

Creative Computer Consulting is not selling, leasing or licensing any software. This is strictly an On-line service. Your monthly subscription fee provides you with access to this service only.

Creative Computer Consulting recognizes and appreciates the effort that has gone into your decision to use our On-line inspection report writing service in your business. This product was designed by us with your needs in mind. It represents a substantial undertaking by us to investigate and understand your profession, develop a product which meets an identified need, conduct rigorous testing of that product, and, finally, present that product to you in a user-friendly format while, at all times, maintaining consistent product quality. “My Report Writer” is intended to assist you, the home inspector, in preparing a professional-looking home inspection report after you have collected all the necessary data through your field work. The format will prompt you to enter information into the relevant fields and, in many cases, will offer you several options from which you may choose a scripted phrase to describe an identified condition with more particularity. Once all information is properly entered by you, “My Report Writer” will process that information into a completed Inspection Report that you may supply to your client. Where appropriate, you may also choose to add additional information to your Report that describe, in general terms, certain types of building principles and systems.

It is important for the User to understand that "My Report Writer" is only a formatting tool. This product is not a substitute for and will not supplement the technical expertise of the home inspector. You must input information factually in order for your inspection report to be accurate, meaningful and of value to your client. Creative Computer Consulting, "My Report Writer" and its related companies, officers, agents and/or employees are not responsible for any claims made against you from your clients. This includes, but is not limited to: information contained or not contained in your finished report; the condition of the home; defects in the home not contained in your inspection report; your client's misunderstanding of the inspection report; system and/or component life expectancies; risk levels; information or lack of information under the legal theory of failure to warn; your client's decision to buy or not buy a particular home; problems or difficulties your client may encounter in their home; or any other circumstance related to the condition of the home.

All home inspectors have a unique style including specific language and how much (or how little) information they provide to their clients. It is ultimately up to you to decide how to write your reports and what they will say. The On-line service of Creative Computer Consulting / "My Report Writer" is designed to allow the user flexibility in writing the report. This being the case, it should be used as a formatting tool only. Creative Computer Consulting/"My Report Writer" does not warrant the accuracy, appropriateness, suitability, completeness or anything else of any scripted phrases or categories. Scripted phrases are offered only as a convenience to the user. If you choose to use the scripted phrases, you assume responsibility for the information contained therein.

It is your responsibility to make sure that your reports comply with any and all laws of your state and/or other governing agencies, and any and all state requirements of items to be contained and included within a report, delivery means, signatures, etc. If you are a member of a professional association it is your responsibility to make sure that your reports comply with any and all association requirements.

Be aware that any of the scripted phrases, text, or routines of "My Report Writer" are subject to change without notice. User understands that Creative Computer Consulting /"My Report Writer" continually revises and updates features of this service. This may include (but is not necessarily limited to) adding, revising, changing, modifying, deleting, editing the text and/or routines of "My Report Writer". Always read the text and preview your reports to make sure you are aware of any changes. Always proof read your reports before issuing them to a client to make sure the report says exactly what you want it to say.

I Definitions:

1.1 The words “you” and “your” refer to the User of this service

1.2 The words “we”, “our” and “us” refer to Creative Computer Consulting, its Officers, Directors, employees, and Affiliates.

1.3 “Employee” includes full or part-time, salaried or hourly staff as well as the temporary staff and/or independent contractors of a party.

1.4 “Owner” means Creative Computer Consulting, its successors and/or assigns.

1.5 “Owner’s equipment” or “Owner’s processor” means equipment either owned or leased by Owner or shared by Owner with another party or parties.

1.6 “Software”, “Product”, “Software Product”, “Licensed Software”, “Service”, On-Line Service”, and “On-line inspection report writing service” refer to the computer software programs or routines collectively known as “My Report Writer” developed by Creative Computer Consulting

1.7 “User” refers to any person or entity utilizing the programs or routines of “My Report Writer” for any purpose whatsoever.

1.8 “User ID” means a personalized identification number assigned by Owner to User for the purpose of accessing and utilizing the on line service.

II Rights and Duties:

2.1 Upon User’s acceptance of this Agreement and payment of the required fees, Owner, as licensor, hereby grants a non-exclusive right to User, as licensee, to utilize the service known as “My Report Writer” for the purpose of preparing home inspection reports of that type commonly used in the professional home inspection industry.

2.2 User agrees that the right of use granted under this Agreement is specific to User, may not be shared with any other person or entity, and is non-transferable by User. User may not utilize “My Report Writer” to prepare reports relating to any inspection not conducted by User.

2.3 The license granted to User does not include the right to download, copy, forward, modify, upgrade or otherwise corrupt the service, except that User may utilize the product to save an incomplete Report for a limited period of time.

2.4 Owner agrees to furnish reasonable assistance to User in utilizing the product known as “My Report Writer”, but only as relates to its use on Owner’s processor and not as to any computer equipment or peripherals owned, leased or utilized by User.

2.5 - reserved for future use -.

2.6 User agrees to, at all times, take adequate measures to prevent the User ID assigned by Owner from being disclosed to any person or entity other than User. In all cases, User is responsible for all charges related to unauthorized use of the User ID.

2.7 User recognizes and agrees that, with the exception of the information entered by User, the text, font, format, appearance and substance of the Report generated by “My Report Writer” consists of an original work of authorship which is owned, developed and controlled by Owner and may be subject to Federal copyright protection. User further agrees not to copy, reproduce, supply, market or otherwise utilize such original work of authorship, in whole or in part, in a manner other than that authorized in this Agreement.

2.8 User recognizes and agrees that the phrase “My Report Writer”, along with text, font, format and appearance thereof, consists of an original work of authorship which is owned, developed and controlled by Owner and may be subject to both State and Federal trademark and/or servicemark protection. User further agrees not to copy, reproduce, supply, market or otherwise utilize such original work of authorship, in whole or in part, in a manner other than that authorized in this Agreement.

I I I. Term of Agreement:

3.1 The term of this Agreement shall be exactly one month from the date of payment. For example, payment received by Owner and credited to the account of User on March 15th shall entitle User to non-exclusive use of “My Report Writer” from the time of application of payment to User’s account, up to 11:59 pm CST on April 14th.

3.2 A full payment received by owner and credited to the account of User prior to the expiration of a term shall automatically extend this Agreement for one additional month.

3.2 Failure to provide payment to Owner as required under this Agreement shall not automatically terminate this Agreement, but may result in the suspension of User’s right of access to the product until such time as User has paid all amounts due Owner, including, but not limited to, all late or overdue amounts.

IV Termination of Agreement:

4.1 Either party has the right to terminate this Agreement for any reason upon 30 days written notice to the other party. Notice via mail or courier shall be deemed communicated on the date of receipt. Notice via facsimile transmission and/or e-mail shall be deemed communicated at the time of successful transmission. Either party has the right to demand from the other evidence that the Notice of Termination has been received.

4.2 Notice received by Owner less than 10 business days prior to expiration of a term (as described in Par. 3.1 hereof) shall not be deemed effective until the 1st day of the following term.

4.3 User shall not be entitled to a refund of charges credited to User’s account during a term.

4.4 Owner reserves the right to terminate this Agreement upon default by User.

V. Terms of Use:

5.1 User shall be entitled to unlimited use of “My Report Writer” 24 hours per day, 7 days per week during the term of this Agreement.

5.2 Minor service interruptions occurring during normal business hours (defined as 6:00 a.m. C.S.T. to 11:59 p.m. C.S.T.) shall not be deemed grounds for termination of this Agreement, withholding of payment due Owner, or claim for refund.

5.3 Service interruptions occurring outside normal business hours (defined as 12:00 a.m. C.S.T. to 5:59 a.m. C.S.T.) may be expected to occur on a periodic basis for the purpose of maintenance of the product.

5.4 User recognizes and agrees that service interruptions resulting from any malfunction in or service equipment other than Owner’s equipment are not the responsibility of Owner.

5.5 Owner is not responsible for data stored by User on Owner’s processor. User expressly recognizes and assumes the risk that any or all data stored on Owner’s equipment by User may be lost, become corrupted or rendered otherwise inaccessible or unusable.

5.6 User recognizes and agrees that Owner cannot assure that its product will operate on User's equipment or that User will be able to access this On-line service via User's ISP (Internet Service Provider). Further, Owner cannot assure that use of its product will not damage User’s equipment. It is User’s responsibility to assure that all equipment, including, but not limited to choice of ISP, utilized by User is compatible with Owner’s equipment and is properly protected against certain eventualities including, but not limited to: transmission rate, electrical spikes, failures, brown-outs and surges as well as transmission of computer “viruses” and/or any other unauthorized transmission(s).

VI License Fee

6.1 User agrees to pay Owner license fee in the amount of $50 for each month of use, unless special discounts are granted. If special discounts are granted, the amount agreed to will remain in effect until agreement is terminated.

VII Default

7.1 User’s use of “My Report Writer” other than for personal use and/or use in User’s home inspection business is prohibited and shall be considered an act of default by User.

7.2 The filing of a voluntary petition in bankruptcy by either party or the filing of an involuntary petition against a party shall be considered an act of default.

7.3 User’s distribution, exchange, or offer or promise to distribute or exchange one or more copies, whether in source code or machine readable form, of the product, whether by sale, lease or otherwise, and whether or not consideration is received for any such transfer or promise, shall be considered an act of default.

7.4 Any breach of a material term of this Agreement shall be considered an act of default. The payment, use, and confidentiality terms of this contract, without limitation, shall be deemed to be material terms.

7.5 Upon the occurrence of a default, the non-defaulting party shall provide written notice to the other party of the Default, and the defaulting party shall have ten (10) days to cure such default. If no such cure takes place, the defaulting party shall be in breach and the non-defaulting party shall be relieved of any further performance under this contract.

VIII Limitation of Liability

8.1 In the event of a breach of the terms of this Agreement by Owner, User shall be entitled to a return of the prorated amount of the monthly fee covering the period from and including the date of the breach until the end of the payment period. In no event may User recover any more that the equivalent of the agreed payment for one month of use.

8.2 It is agreed by the parties that incidental and consequential damages are not recoverable under this Agreement and any claim for such damages is hereby waived.

8.3 Owner is not responsible to assure that its product is compatible with User’s software and/or equipment, or otherwise usable by User, and Owner’s shall have no liability hereunder for any damage caused to User’s software or equipment or for any inconvenience to User if User is unable to access or utilize the computer programs and/or routines collectively referred to and known as “My Report Writer.”

8.4 Owner reserves the right to modify this Agreement for any reason whatsoever.

IX Disclaimer or Warranties

9.1 OWNER MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, CONCERNING THE QUALITY OF THE ON-LINE SERVICE, ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ACCESS TO ALL ON -LINE SERVICES PROVIDED HEREUNDER IS “AS-IS” AND NEITHER PARTY MAKES ANY WARRANTY THAT THE ON-LINE SERVICE & SOFTWARE USED TO OPERATE THE ON LINE SERVICE IS FREE FROM CLAIMS OF OTHERS FOR INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER PROPRIETARY RIGHTS. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, AND USER HEREBY WAIVES CLAIM TO ANY SUCH WARRANTIES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OWNER SHALL BE DEEMED TO CREATE ANY SUCH WARRANTY OR OTHERWISE MODIFY, EXTEND, OR NEGATE THE TERMS OF THIS PROVISION.

X. Confidentiality

10.1 User understands and agrees that the On-line service contains certain information that is confidential and proprietary as to which User agrees to retain in strictest confidence and use only in conformance with the terms, spirit and intent of this Agreement.

10.2 User agrees to keep all source code and/or related documentation confidential and to protect such code and/or information from disclosure to any third party.

10.3 User agrees not to seek the assistance of a third party in the use of the On-line service without the express, written consent of Owner.

10.4 User’s obligations with respect to confidentiality of the On-line service shall survive the term of this Agreement and remain enforceable against User.

XI Miscellaneous

11.1 This Agreement shall be understood and interpreted in accordance with the laws of the State of Illinois.

11.2 All references to the masculine shall include the feminine and vice-versa. All references to the singular shall include the plural and vice-versa. All as context shall require.

11.3 No party shall incur liability to the other under this Agreement for failure to perform as a result of forces beyond their control.

11.4 Electronic acceptance of this Agreement shall, for all intents and purposes, be considered the equivalent of the signature of a party. User’s acceptance of the terms hereof creates a binding contractual Agreement between the parties regardless of the absence of indication of acceptance by or signature of Owner.

11.5 Delay by Owner in providing any notice required hereunder or commencing enforcement of the provisions hereof shall not constitute a waiver by Owner of any right(s) under this Agreement and shall not hinder or otherwise prevent the enforcement of any covenant or condition set forth herein.

11.6 In the event that a court of competent jurisdiction declares any provision(s) of this Agreement to be invalid, such provision(s) shall be stricken herefrom, and the remainder of this Agreement shall remain in full force and effect.

11.7 All Notices to a party to this Agreement shall be in writing and shall be sent via e-mail, facsimile transmission, certified mail (return receipt requested) or commercial courier. Notices are effective when received. Notices received by a party after 5:00 p.m. C.S.T. are effective at 9:00 a.m. C.S.T. on the next business day.

11.8 This Agreement constitutes the entire understanding between the User and the Owner concerning the rights and obligations of the parties with regard to use of the On-line service, programs and routines collectively referred to and known as “My Report Writer.”