Plan Cost
Initial Setup fee $150.00 US and $45.00 US monthly for the following 11 months. DevWave Software Inc. does not rent software this is a lease agreement to purchase the software for the entire term of the contract. 

Agreement
In order for you to obtain the software and services provided by DevWave Software Inc. ("Company") at www.inspectexpress.com, you must agree to and accept the terms and conditions of this agreement ("Agreement"). Please read this Agreement carefully. It is important that you understand that, upon your acceptance of this Agreement, it becomes a legally binding contract. DevWave Software Inc. does not rent software this is a lease agreement for the entire term of the contract. 

At the end of the Agreement, upon your review of all of the terms and conditions, you will be presented with an "I ACCEPT AGREEMENT" button. By clicking on the "I ACCEPT AGREEMENT" button you represent that you have reviewed and understand the Agreement and agree to be legally bound by all its terms and conditions. By accepting the terms and conditions of the Agreement, you also accept and agree to abide and be bound by the Software Terms of Use, which govern the use of the INSPECTEXPRESS™ home inspection software and the www.inspectexpress.com web site. If you do not agree with, or are not willing to be bound by, the terms and conditions of this Agreement and Software Terms of Use, please do not click on the "I ACCEPT AGREEMENT" button and do not seek to use the Services. In the event of a conflict between the Agreement and Terms of Use the Agreement shall control.

Payment of the Services Fees
In consideration of your access to and utilization of the Software and Services, you agree to pay to the Company a setup fee in amount of $150.00 US dollars and $45.00 US monthly for the following 11 months. The setup fee will be charged to a credit card provided by you at the time of registration. The monthly fee will be charged to the credit card provided by you at the time of registration starting on the first day of the month after the setup date and for the following 11 months. Please note that the fees are non refundable. At the successful completion of this contract you will own the license according to the Software Terms of Use and are under no obligation to continue to subscribe to DevWave Software Inc. or the www.inspectexpress.com services.

Software Terms of Use

Registration and Reserved Rights of Company
Following your acceptance of this Agreement, you may initiate the registration process for the Software and Services by completing the Registration and Purchase Form that will be presented to you after you accept this Agreement. Upon registration you will be assigned a activation key that will allow you to access and utilize the Software and Services. You agree and acknowledge that the Company reserves the right, in its sole discretion, to reject your registration for the Software and Services without any further obligation to you at which time this Agreement is deemed to terminate immediately without any further obligations by DevWave Software Inc.

Privacy
Before submitting any personal information we encourage you to review our Privacy Statement summarizing our information collection practice. 

Your Obligations
You shall not give, transfer, assign, sell, resell or otherwise dispose of your INSPECTEXPRESS™ Activation Key and or login and password information to any third party. This obligation shall survive the termination or expiration of this Agreement. You shall comply with all applicable laws and regulations in connection with your access and utilization of the Services. You shall not access and/or utilize the Software or Services for illegal purposes and shall not interfere or disrupt any network connected with the Services. You shall not transfer, distribute, provide, share or otherwise make available the Software or Services, either in tangible or electronic form, to any third party during and/or after the termination or expiration of this Agreement. 

Proprietary Rights
The Services and any content that comprise the Services are proprietary to Company, its partners and/or third parties. You agree and acknowledge that you may use the Services only pursuant to the terms and conditions of this Agreement and the Terms of Use. You further acknowledge that the Software or Services and this web site are protected by U.S. and Canadian copyright law and international treaties. Company, its partners and/or third parties shall retain all of their respective rights, titles and interests in and to all intellectual property embodied in or associated with the Services.

Liability
IN NO EVENT SHALL DEVWAVE SOFTWARE INC BE LIABLE FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE PARTIES ACKNOWLEDGE THAT THE CONSIDERATION BARGAINED FOR IN THIS AGREEMENT WAS AGREED BASED UPON THE FOREGOING LIMITATION OF LIABILITY. SUBJECT TO THE FOREGOING, COMPANY'S MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES IN CONNECTION WITH THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AMOUNT OF THE ANNUAL SERVICES FEE PAID BY YOU TO COMPANY PURSUANT TO THIS AGREEMENT WITH RESPECT TO THE MOST RECENT TWELVE MONTH PERIOD.

Term
This Agreement shall be effective as of the date you accept it and for a period of one (1) year thereafter starting with the first day of the month following the month you accept this Agreement. Company may terminate this Agreement if you fail to cure to the satisfaction of Company any breach of this Agreement within thirty (30) days after receiving a written notice of such breach. Upon termination of this Agreement, you shall immediately cease using the Software and Services.

Your obligations, summarized in the "Your Obligations" Section of this Agreement, shall survive the termination of this Agreement.

Non Payment
If for any reason you cannot continue to pay the monthly subscription fee agreed upon within 30 days, you will without any written notice from DevWave Software Inc immediately uninstall and delete any and all copies of the software in your possession and cease to use the services of the www. inspectexpress.com web site unless other arrangement have been made with DevWave Software Inc. 

Governing Law, Dispute Resolution and Severability
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, without giving effect to its conflicts of law principles. Any disputes or controversies arising out of the Agreement shall be subject to the exclusive jurisdiction of the Provincial court of British Columbia and the venue for such disputes shall rest solely in Victoria, British Columbia. Any provision of the Agreement that is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from the Agreement in that jurisdiction without in any way invalidating the remaining provisions of the Agreement. The unenforceability of any provision in a given jurisdiction shall not render that provision unenforceable in any other jurisdiction. By clicking the "I ACCEPT AGREEMENT" button below, you acknowledge and agree that you are entering into a binding contract with Company and that you shall be bound to the preceding terms and conditions in the same manner as if you had affixed your signature to a contract in writing.