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WEB SITE ACCESS AGREEMENT Auto-Gas Systems, Inc. ("AutoGas") maintains this web site (this "Site") to provide information to its customers who have acquired a license to use certain AutoGas software, and affiliated service providers who are authorized to install, service or support such software (in each instance the "User"). By clicking the "I Accept" button at the end of this Web Site Access Agreement (this "Agreement"), User acknowledges having read and understood all provisions of this Agreement, and agrees to be legally bound by them. · AutoGas grants User a non-exclusive, non-transferable license to use this Site in connection with its authorized use of the above-described software, subject to the terms and conditions of this Agreement. · AutoGas reserves the right to revise any or all features of this Site, and to modify or remove any or all information on this Site, at any time, without notice to User. · This Site and all its contents, including, but not limited to, all documents, photographs, images, drawings, graphics, designs, product documentation, trademarks, copyrighted materials, trade secrets, patent disclosures, and the software used and described herein, are the Confidential Information of AutoGas and AutoGas retains all rights thereto. · AutoGas reserves the right to monitor and record User activity on this Site. Any inappropriate or illegal activity will be reported to the appropriate authorities and will be cause to deny User further access to this Site. User shall be liable to AutoGas for all damages resulting from such inappropriate or illegal activity, and will indemnify AutoGas from any and all third party claims arising therefrom. · User shall not (i) reproduce, disclose or disseminate Confidential Information to anyone who is not an authorized User; nor (ii) interfere with or disrupt the Site or any servers or networks connected to the Site. · User will ensure no unauthorized employees (including contractors, agents, etc.) obtain access to this Site. User shall be liable for all actions of such unauthorized employees that are in breach of this Agreement, including all direct and consequential damages suffered by AutoGas. · Within this Site may be links to other websites operated by third parties. AutoGas has no responsibility for such third party websites and makes no representation whatsoever for the content of such sites, or for any other purpose whatsoever. · Although AutoGas attempts to provide the most accurate information possible, the content, information, software, products and services included or available through this Site may include inaccuracies or typographical errors. AutoGas does not guarantee that Users will be able to access this Site during any particular times. · AUTOGAS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURANCY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AUTOGAS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTY AGAINST INTERFERENCE WITH USER'S ENJOYMENT OF THE INFORMATION. · IN NO EVENT SHALL AUTOGAS BE LIABLE TO USER OR ANYONE MAKING A CLAIM IN CONNECTION WITH USER'S RIGHTS FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE SITE, ANY INFORMATION AVAILABLE ON THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AUTOGAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION ON DAMAGES IN THIS SECTION IS INDEPENDENT OF AND IN ADDITION TO OTHER PROVISIONS IN THIS AGREEMENT RELATING TO REMEDIES OR LIABILITIES AND SHALL BE ENFORCEABLE EVEN IF SUCH OTHER PROVISIONS ARE UNENFORCEABLE OR FAIL OF THEIR ESSENTIAL PURPOSE. · Any waiver of any kind by a party of a breach of this Agreement must be in writing and signed by a properly authorized representative of the waiving party, shall be effective only to the extent set forth in such writing and shall not operate or be construed as a waiver of any subsequent breach. Any delay or omission in exercising any right, power or remedy pursuant to a breach or default by a party shall not impair any right, power or remedy which either party may have with respect to a future breach or default. · If it is determined by a court of competent jurisdiction as part of a final non-appealable ruling, government action or binding arbitration that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision shall be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement shall remain in full force and effect and bind the parties according to its terms. To the extent any provision (or part thereof) cannot be enforced in accordance with the stated intentions of the parties, such provision (or part thereof) shall be deemed not to be a part of this Agreement; provided that in such event the parties shall use their best efforts to negotiate, in good faith, a substitute, valid and enforceable provision that most nearly effects the parties' intent in entering into this Agreement. · This Agreement shall be governed, construed and interpreted in accordance with the laws of the State of Texas without regard to its conflict of laws principles. Taylor County, Texas, will be the forum for any action brought as a result of this Agreement. · Acceptance of this Agreement is part of the procedure for entry into the Site. It is the User's responsibility to read this Agreement each time it appears on the Site before agreeing or rejecting the terms contained herein.
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