CARSOFT HAS NO CONTROL OF THE CONDITIONS UNDER WHICH
LICENSEE USES THE SOFTWARE. THEREFORE, CARSOFT CANNOT AND DOES
NOT WARRANT THE RESULTS THAT MAY BE OBTAINED BY ITS USE.
HOWEVER, CARSOFT PROVIDES THE FOLLOWING LIMITED PERFORMANCE
WARRANTIES:
a. CARSOFT WARRANTS THAT THE MAGNETIC MEDIA
ON WHICH THE SOFTWARE IS RECORDED IS FREE
FROM DEFECTS IN MATERIALS AND WORKMANSHIP
UNDER NORMAL USE. CARSOFT WARRANTS THAT THE
SOFTWARE ITSELF WILL PERFORM SUBSTANTIALLY
IN ACCORDANCE WITH ITS SPECIFICATIONS.
b. CARSOFT WILL REPLACE ANY MAGNETIC MEDIA
WHICH PROVES DEFECTIVE IN MATERIAL OR
WORKMANSHIP DURING THE WARRANTY PERIOD,
WITHOUT CHARGE.
c. CARSOFT WILL EITHER REPLACE OR REPAIR ANY
SOFTWARE THAT DOES NOT PERFORM IN
ACCORDANCE WITH ITS SPECIFICATIONS WITH A
CORRECTED COPY OF THE SOFTWARE OR
CORRECTIVE CODE OR INSTRUCTIONS AT CARSOFT’S
SOLE OPTION.
c. DURING THE INITIAL TWELVE (12) MONTHS OF USE
IF CARSOFT IS UNABLE TO REPLACE THE
DEFECTIVE MEDIA OR IF CARSOFT IS UNABLE TO
PROVIDE CORRECTED SOFTWARE WITHIN A
REASONABLE TIME, CARSOFT WILL EITHER REPLACE
THE SOFTWARE WITH A FUNCTIONALLY SIMILAR
PROGRAM OR TERMINATE THIS LICENSE WITHOUT
FURTHER LIABILITY TO LICENSEE, AND REFUND TO
LICENSEE AN AMOUNT FOR THE EQUIPMENT
FOR THE PRIOR PERIOD DURING WHICH THE
EQUIPMENT WAS RENDERED NON-FUNCTIONING BY
THE FAILURE OF THE SOFTWARE, PROVIDED THAT
IN NO CASE SHALL SAID REFUND EXCEED TWENTY 
FIVE PERCENT (25%) OF ORIGINAL PURCHASE PRICE.
e. THE ABOVE WARRANTIES ARE MADE FOR THE
TERM OF THIS AGREEMENT.
f. CARSOFT DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET LICENSEE’S REQUIREMENTS OR THAT THE
OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE. THIS WARRANTY
DOES NOT COVER ANY SOFTWARE OR HARDWARE
WHICH HAS BEEN SUBJECTED TO ANY DAMAGE OR 
ABUSE. THE WARRANTY DOES NOT COVER ANY 
SOFTWARE  OR HARDWARE
WHICH HAS BEEN ALTERED OR CHANGED IN ANY
WAY BY ANY ONE OTHER THAN CARSOFT OR ITS
AUTHORIZED REPRESENTATIVES.
THE REPRESENTATIONS AND WARRANTIES OF CARSOFT SET 
FORTH IN THIS AGREEMENT WITH RESPECT TO THE 
SOFTWARE, IF ANY, ARE IN LIEU OF ALL OTHER 
REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED 
OR STATUTORY ON BEHALF OF CARSOFT OR ANY OF ITS 
PARENT, AFFILIATE AND SUBSIDIARY ENTITIES, INCLUDING 
BUT NOT LIMITED TO ANY IMPLIED
REPRESENTATIONS OR WARRANTIES OF MARKETABILITY 
OR FITNESS FOR A PARTICULAR USE WITH 
RESPECT TO THE SOFTWARE AND SAID OTHER REPRESENTATIONS 
AND WARRANTIES ARE HEREBY DISCLAIMED.

CONFIDENTIALITY:
CARSOFT MAINTAINS STRICT CONFIDENTIALITY AND DOES NOT
DISCLOSE CUSTOMER INFORMATION WITHOUT WRITTEN PERMISSION
IN ADVANCE FROM CUSTOMER.  Accordingly, Licensee hereby agrees 
that it shall maintain the Software as confidential, proprietary, 
trade secret information and shall not transfer, allow unauthorized 
third parties access to or assign the Software and/or any equipment 
in which it is resident. Licensee further agrees that the damage 
which would be sustained by CARSOFT from the unauthorized transfer 
or assignment of the Software to any unauthorized third party or 
granting unauthorized third party access to the Software or Licensee’s 
failure to maintain the confidentiality of the Software is not readily 
calculable and therefore agrees that it, upon such intentional or 
unintentional transfer or assignment of the Software to a third 
party or granting of access to unauthorized third parties to the 
Software, or its breach of the confidentiality obligation hereunder 
it shall pay to CARSOFT liquidated damages in the sum of Twenty Five 
Thousand ($25,000) Dollars which the parties hereto agree to be 
reasonable compensation and not a penalty. Licensee further 
agrees that the liquidated damages shall be in addition to any 
actual provable damages or equitable rights.

LICENSEE FURTHER AGREES TO REFRAIN FROM DISCUSSIONS, POSTINGS,
OR LISTING OF CARSOFT FEATURES, PERCEIVED PROBLEMS, CAPABILITIES, 
EXPERIENCES, OR INFORMATION DISCUSSED WITH CARSOFT PERSONNEL IN 
PUBLIC FORUM INCLUDING, BUT NOT LIMITED TO ONLINE BULLETIN BOARDS
 (“FORUMS” “BBS” “TECH MAIL”), PRINTED MEDIA, WEBSITES, WEB PAGES, 
ELECTRONIC MEDIA, ELECTRONIC MAIL, OR OTHER FORMS OF WRITTEN 
COMMUNICATIONS.  SUCH DISCUSSIONS, 
POSTINGS, OR LISTINGS ARE A BREACH OF CONFIDENTIALITY AND WILL
RESULT IN DAMAGES TO CARSOFT AND WILL RESULT IN CIVIL PENALTIES
IN ADDITION TO LIQUIDATED DAMAGES SPECIFIED HEREIN.

