ATTENTION – IMPORTANT: CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS THAT GOVERN THE DK MOBILITY, LLC, [HEREINAFTER, DKM, LLC] LICENSE AND SERVICE AGREEMENT. DKM, LLC IS THE PROVIDER OF THE SERVICES [SERVICE], DESCRIBED HEREIN. BY ANY USE OF THIS SERVICE AND ANY RELATED HOSTED SERVICES. YOU, THE LICENSEE, ARE CONSENTING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, ACKNOWLEDGING AND ACCEPTING THAT THEY WILL BE LEGALLY BINDING ON YOU AND ANY END USER WHO MAY OBTAIN THIS SERVICE THROUGH YOU OR YOUR COMPANY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU MAY NOT USE THIS SERVICE. KINDLY NOTIFY DKM, LLC OF YOUR DECISION NOT TO USE THIS SERVICE.

1. DEFINITIONS. Throughout this agreement, “Service,” refers to items or programs written by DK Mobility, LLC, the provider , and its hosted services. DKM, LLC’S documentation, and or all other files are included in its software applications. “You,” or, Licensee means the natural person or the entity that is agreeing to be bound by this agreement and any employees and third party contractors that provide service to you. You shall be liable for any failure by such employees and third party contractors for their compliance with the terms of this agreement. Failure to do shall constitute a breach of this agreement.

2. LICENSE. In consideration of the payment of the license agreement subscription fee for the use of this Service, you may use the Service in accordance with the following:

a. Each registered user at your location may use the service on any one single device at a time. DKM, LLC’s software applications are software hosted services for data input, backup and storage.

b. Caveat . As a licensee you have the right to periodically delete data and /or records that are stored in your account. However, the data and records that you deleted throughout the year will not be deleted from DKM, LLC’s system. DKM, LLC is legally obligated to maintain transactional data for government review, other inspections or purposes.

c. Rights not expressly granted by this agreement are reserved to the DKM, LLC

3. RESTRICTIONS ON USE. You may not:

a. Permit other individuals, who are not registered users, to use the service except under the terms listed herein;

b. Modify; alter; adapt; translate; reverse engineer; de-compile; dissemble, [except to the extent applicable laws specifically prohibit such restrictions] or create derivate works based on the Service;

c. Attempt to gain unauthorized access to the hosted services, cloud or related Provider systems or networks;

d. Use the Service or other provider hosted services or cloud in any manner that is not in accordance with applicable documentation and all applicable laws and governmental regulations;

e. Rent, lease or grant a security interest in or otherwise transfer rights to the Service;

f. Remove any proprietary notices or labels displayed in the Service or its output;

g. Copy the software other as specified above

4. OWNERSHIP. All title, ownership rights and intellectual property rights in the Service shall remain with DKM, LLC. The service is protected by copyright laws and treaties, Title and related rights in and to the content that may be accessed through the Service or hosted services are the property of the applicable content owner and may be protected by law. This license gives you no rights to such content.

5. TERM. The service and related hosted services are delivered electronically via a secure web site and delivery is deemed complete when the service is first made available to You. The license is effective until terminated. You may terminate the license at any time by cancelling payment for renewal of the license’s subscription fee. The license will terminate automatically if you fail to comply with the limitations set forth in this agreement or You fail to pay the license fee. For example and by way of illustration, if You make modifications to the Service described in this agreement or You fail to pay the license fee by the due date, the terms of this agreement are violated and this license terminates immediately and without further notice.

6. DISCLAIMER. THIS SERVICE IS PROVIDED, “AS IS,” AND WITHOUT WARRANTY OF ANY KIND. NO DEALER, AGENT OR EMPLOYEE OF DKM, LLC IS AUTHORIZED TO MAKE ANY WARRANTY CLAIMS OR PROMISES REGARDING THE SERVICE. ONLY DKM, LLC IS AUTHORIZED TO MAKE ANY WARRANTIES REGARDING THE SERVICE. DKM, LLC AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN USING THIS SERVICE, THE LICENSOR, DKM, LLC, AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED OF ANY KIND, AS TO ANY OTHER MATTERS, INCLUDING, BY WAY OF ILLUSTRATION, AND WITHOUT LIMITATION: INCLUDING NON-INFRINGEMENT OF THIRD PARTY RIGHTS; MERCHANTABILITY OR FITNESS OR SATISFACTORY QUALITY FOR ANY PARTICULAR PURPOSE. THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT REGARDLESS OF THE CAUSE OF TERMINATION, BUT THEY SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT FOR YOU TO USE THE SERVICE AFTER CANCELLATION OR TERMINATION OF THE AGREEMENT.

7. LIMITATION OF LIABILIY. UNDER NO CIRCUMASTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, EQUITY OR OTHERWISE SHALL DKM, LLC OR ITS SUPPLIERS OR RESELLERS BY LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY: DIRECT; INDIRECT; SPECIAL, INCIDENTAL OR CONSEQUENTAL DAMAGES OF ANY TYPE INCLUDING FOR EXAMPLE AND WITHOUT LIMITATION: DAMAGES FOR LOSS OF GOODWILL; WORK STOPPAGE; COMPUTER FAILURE OR MALFUNCTION OR ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT SHALL DKM, LLC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT IT RECEIVED FORM YOU FOR A LICENSE TO USE THE SERVICE, EVEN IF DKM, LLC HAS BEEN INFORMED OR NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY OR PARTIES. DKM, LLC AND ALL OTHER PARTIES INVOLVED IN THE DEVELOPMENT OF THE SERVICE ARE NOT RESPONSIBLE FOR ANY ERRORS AND OR FINANCIAL LOSSES AND OR OTHER PROBLEMS SUCH AS LOSS OF CLIENTS, LOSS OF INFORMATION ANY OTHER SUCH DIFFICULTIES THAT THE USERS OF THE SERVICE MAY EXPERIENCE AS A RESULT OF ITS USE. ALL CALCULATIONS THE SERVICE PERFORMS, INCLUDING BUT NOT LIMITED TO CALCULATIONS RELATING TO TICKET SALES INFORMATION; TAXES; CLIENTS; TOTALS; SERVICES; PRODUCTS ARE FOR REFERENCE ONLY. ALL CALCULATIONS SHOULD BE INDEPENDETLY VERIFIED. YOU AGREE TO HOLD PROVIDER HARMLESS FROM AND CLAIMS MADE HEREUNDER INCLUDING ATTORNEY’S FEES.

8. RESPONSIBILITY OF LICENSEE. You assume full responsibility for the selection and suitability of the Service, for its use and the results obtained by the service program.

9. PRODUCT SUPPORT .

a. DKM, LLC intends to provide advisory support to its customers following delivery of the software applications and license. DKM, LLC is not obligated to provide such support and customers and other users of the Service are not guaranteed such support.

b. CHANGE . The support practices and policies of DKM, LLC are subject to change without notice or obligation. They may be viewed on the following website:

http://dkmobility.com/web/dkm/privacy-policy. The licensee is solely responsible for applying them to its activities and the consequences resulting therefrom.

c. NOTICE . For the purposes of Notice under this license and service agreement, Notice may be made on DKM, LLC electronically by email through its website or by any written notice sent by certified mail to its business address as listed on its website or by facsimile at its fax telephone number listed on its website. Licensee is responsible for furnishing DKM, LLC with contact information and to keep that information current.

10. AUTOMATED CREDIT CARD CHARGE AUTHORIZATION . You have authorized DKM, LLC to charge your credit card for support services or subscription service. Now, you hereby authorize DKM, LLC to initiate monthly credit card debit entries for payments due it. If necessary, DKM, LLC may initiate electronic credit entries and to make appropriate adjustments for any errors in your account and your credit cards. When due, DKM, LLC may electronically debit or credit your account for services received by you from DKM, LLC. This authorization shall remain in effect until you cancel it by notifying DKM, LLC and DKM, LLC actually receives your notice of cancellation. DKM, LLC shall incur no liability for any error in crediting or debiting your credit card{s}. DKM, LLC reserves the right to cancel the credit card authorization, entirely or merely as it pertains to certain credits or debits after giving you 30 days notice. In the event that credit card debits are declined or not paid, DKM, LLC may terminate the service with no further liability.

11. GOVERNING LAW. This license, in its entirety, shall be governed by the laws of the State of Florida. All disputes arising therefrom shall be resolved in the state or federal courts in Florida, applying Florida law. You consent to the jurisdiction of those courts, agree to accept service of process by hand or by certified mail and waive any objections to their jurisdiction or venue, which otherwise may be available to you.

12. SEVERENCE . Should any provision or provisions of this license be held to be invalid, illegal or otherwise unenforceable or in conflict with the laws of another jurisdiction, the remaining provisions shall not be affected or impaired and the license enforced as written.

13. VALIDITY OF PROVISIONS . If any provision or provisions of this Agreement shall be held to be invalid, illegal, and unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

14. INTEGRATION. This agreement constitutes the entire understanding of the parties and is the final expression of their agreement.

Last Edited: January 12, 2017