eFence Xtreme

eFence Xtreme™ Software

(eFX™)

SOFTWARE LEASE AGREEMENT

eFence Xtreme™ SOFTWARE LEASE (hereby referred to as Lease) is entered into by and between Data Access, Inc. hereby referred to as DAI, located at 6915 Old Statesville Rd, Charlotte, NC 28269, and the Lessee.

DAI desires to lease to Lessee, and Lessee desires to lease from DAI, eFence Xtreme™ Software at certain terms and conditions as specified in this document.

It Is Agreed:

Lease – Description of Software.

DAI hereby leases to Lessee, and Lessee hereby leases from DAI, on the terms and conditions as specified in this document, the following described software: eFence Xtreme™ software.

efence xtreme ™ description.

eFence Xtreme software is used by the Invisible Fence and Pet Safe network of dealers for maintaining, reporting, and sharing of data. eFence Xtreme consists of, but is not limited to the following:

database located on a server
executables that run on each client and connect to the database
websites that connect to the database
web services the run on the server
integintegration components that link to other software

The agreement under this Lease will begin on the date agreed, and once past the ninty day quarantee period will continue not less than one year. Lease will be automatically renewed yearly unless notified in writing at least thirty days prior to renewal.

Payment.party.

Payment.

Payment in full is due 15 days prior to each period. If Lessee provides a credit card, it will be charged automatically without prior notice to Lessee. Lessee must provide a new credit card if the given credit card expires or is declined. Acceptance of LEASE entitles Lessee to install and use eFence Xtreme™ Software on computers located on the same network at the same location and for use for one company/dealership. Use of eFence Xtreme™ Software in any other fashion is illegal and will terminate this lease. Call centers that manage multiple dealerships must execute a separate license for each dealership. eFence Xtreme may not be used for any other purpose without prior concent from DAI.

Pricing.s must execute a separate license for each dealership.

Pricing.

eFence Xtreme is leased on a monthly basis for a monthly fee. Discounts may be given for prepayment of lease on a yearly basis. The monthly fee will not increase by more than 5% pThe Lessee will uphold all requirements set forth in this lease regarding upgrades and new releases distributed during the terms of this lease.

Delivery upon Termination of Lease.

Upon expiration or early termination of LEASE, Lessee shall return eFence Xtreme ™ to DAI, at Lessee’s expense, in its entirety, including eFence ™ Software and associated documentation. Failure to comply with any provision of LEASE will terminate this lease immediately. Any installations must be uninstalled upon termination.

If eFence Xtreme™ Software is not immediately returned to DAI upon termination or expiration of lease, at the option of DAI, Lessee shall be invoiced for an additional 12 month period, with payment due on receipt. not immediately returned to DAI upon termination or expiration of lease, at the option of DAI, Lessee shall be invoiced for an additional 12 month period, with payment due on receipt.

Indemnity.

Lessee shall indemnify and hold DAI harmless against any and all claims, actions, suits, proceedings costs, expenses, damages, and liabilities, including attorney’s fees and costs, arising out of, connected with, or resulting from the eFence Xtreme ™ Software or the Lease, including without limitation, the manufacture, selection, delivery, possession, use, operation, or return of eFence ™ Software.

Default.

In the event Lessee defaults on payment(s) on any or all of the eFence Xtreme ™ SOFTWARE In the event Lessee defaults on payment(s) on any or all of the eFence Xtreme ™ SOFTWARE LEASE amount, DAI may exercise any one or more of the following remedies:

To declare the entire balance of eFence Xtreme ™ SOFTWARE LEASE immediately due and payable and to similarly accelerate the balances under any other leases between DAI and Lessee without notice or demand.
To sue for and recover all payments and other monies due, then accrued or thereafter accruing, with respect to any or all items of the equipment to the extent permitted by law.
To take possession of any or all items associated with eFence Xtreme ™ Software, with or without notice or demand, including the removal of any physical items and documentation, removal of any installed components of eFence Xtreme ™ Software, and/or non-renewal of lock to facilitate use of eFence Xtreme ™ software, without any court order or any other process of law. Lessee hereby waives any and all damages occasioned by such retaking.
To terminate lease.
To pursue any other remedy at law or in equity.

Lessee shalleFence Xtreme™ Software is, and at all times shall remain, the sole and exclusive property of DAI, and Lessee shall have no right, title or interest therein, except as set forth by lease. Lessee has no right to purchase or otherwise acquire title to or ownership of any of the software or property of this lease no matter that the software or any part thereof may now be, or hereafter become, attached or affixed to real property.

You may not reverse engineer, decompile or disassemble eFence Xtreme™ in part or in whole.

Notices.d Lessee shall have no right, title or interest therein, except as set forth by lease. Lessee has no right to purchase or otherwise acquire title to or ownership of any of the software or property of this lease no matter that the software or any part thereof may now be, or hereafter become, attached or affixed to real property.

Notices.

Service of all notices under lease shall be sufficient if given personally or mailed postage prepaid to the party involved at the address set forth below or to such address as such party may provide in writing from time to time. Any notice mailed to said address shall be deemed effective when postmarked, pre-stamped and duly addressed, in the United States mail.

Lessee:	Address on record at DAI
Lessor:	Data Access, Inc. 6915 Old Statesville Rd Charlotte, NC 28269

Attorney’s Fees.

In the event either party files any legal action or suit to compel the performance of any provision of this lease, or to seek an interpretation of any lease terms herein, the prevailing party shall be entitled, in addition to costs, to reasonable attorney’s fees as determined by a court of competent jurisdiction.

PRIVACY POLICY.

See Privacy Policy for details.

ACCEPTANCE.

Use of the software constitutes acceptance of LICENSE AGREEMENT.