This End-User License Agreement ("EULA") is a legal agreement between you and The Reynolds and Reynolds Company ("Reynolds") for your use of this software application product, which software application product includes computer software, user interface, screens, screen prints, user output, reports, report format, report content, operating concepts, reflexes, patterns, processes, formulas, devices, and/or compilations thereof, behaviors, internal logic, edits, data field content, data structure, integration to other programs, overall design and object code, and includes associated media, printed materials, and "online" or electronic documentation (the "Licensed Application").  The Licensed Application, also, includes any updates and supplements to the original Licensed Application.  Any software provided along with the Licensed Application that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement.  By installing, copying, downloading, accessing, or otherwise using the Licensed Application, you agree to be bound by the terms of this EULA.  If you do not agree to the terms of this EULA, do not install or use the Licensed Application.

The Licensed Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Application is licensed, not sold.

A. GRANT OF LICENSE.

  1. License Grant. This EULA grants you the following rights: You may install, use, access, display, run, or otherwise interact with one copy of the Licensed Application on any Apple iOS or Android based device ("Mobile Device") that you own or control and as permitted by the Terms and Conditions and Usage Rules of the Apple App Store or Android Market. This license does not allow you to use the Licensed Application on any Mobile Device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application.  All rights not expressly granted are reserved by Reynolds.  The Licensed Application is licensed as a single product.  Its component parts may not be separated for use on more than one device.
  2. Limitations on Reverse Engineering. You may not copy (except for archive purposes), reverse engineer, modify, duplicate, disassemble, de-compile, reverse assemble, or otherwise attempt to create or discover, by any means, any aspects of the Licensed Application including, for example, but not limited to, source code, screen prints, user interface, user output, reports, report format, report content, reflexes, behaviors, internal logic, edits, data field content, integration to other programs, overall design or object code. Any attempt to do so is a violation of the rights of Reynolds and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
  3. Consent to Use of Data. You agree that Reynolds may collect and use technical data and related information, including, but not limited to, technical information about your Mobile Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) and other third parties related to the Licensed Application. Reynolds may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you and other third parties.
  4. Services; Third Party Materials. The Licensed Application may enable access to Reynolds’ and other third parties' services (collectively and individually referred to as "Services").  Use of the Services may require Internet access and that you accept additional terms of service.  You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Reynolds shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Reynolds is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. REYNOLDS DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY SERVICES, THIRD PARTY MATERIALS OR WEB SITES OR FOR ANY OTHER MATERIALS, PRODUCTS OR SERVICES OF THIRD PARTIES. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Alerts and/or notification data provided by any Services is for convenience only and you understand that multiple factors including network availability may affect notification data delivery, which is not guaranteed.  Neither Reynolds, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or notification data displayed by any Services.

You agree that the Services may contain proprietary content, information and materials that are protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Licensed Application provider is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.

B. UPGRADES.

If the Licensed Application is labeled as an upgrade, you must be properly licensed to use a product identified by Reynolds as being eligible for the upgrade in order to use the Licensed Application. A Licensed Application labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Licensed Application is an upgrade of a component of a package of software programs that you licensed as a single product, the Licensed Application may be used and transferred only as part of that single product package and may not be separated for use on more than one device.

C. COPYRIGHT.

All title and copyrights in and to the Licensed Application (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Licensed Application), the accompanying printed materials, and any copies of the Licensed Application are owned by Reynolds or its licensors. All title and intellectual property rights in and to the content that may be accessed through use of the Licensed Application is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. You shall not directly, or indirectly, remove or obscure any copyright notice placed upon or embedded in the Licensed Application.

D. NO WARRANTIES.

YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE LICENSED APPLICATION OR THIRD-PARY MATERIALS IS AT YOUR SOLE RISK.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION, SERVICES AND THIRD-PARTY MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.  REYNOLDS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE LICENSED APPLICATION, SERVICES AND THIRD-PARTY MATERIALS. REYNOLDS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION, SERVICES OR THIRD PARTY MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REYNOLDS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

E. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REYNOLDS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED APPLICATION OR THIRD-PARTY MATERIALS, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF REYNOLDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, REYNOLDS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE LICENSED APPLICATION OR US$5.00.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

F. TERMINATION.

Your rights under this EULA will terminate automatically without notice if you fail to comply with any of the terms and conditions of this EULA or upon termination of the agreement related to this software application between Reynolds and the dealer for whom you work. In such event, or in the event of written notice from Reynolds or the dealer for whom you work for any reason, you must cease use of the Licensed Application and destroy all copies of the Licensed Application, including all of its component parts.

G. MISCELLANEOUS.

This EULA is governed by the laws of the State of Ohio. Should you have any questions concerning this EULA, or if you desire to contact Reynolds for any reason, please contact The Reynolds and Reynolds Company – iPhone Application Information / One Reynolds Way / Dayton, Ohio 45430, or (937) 485-2000.  Your rights under this EULA to use the Licensed Application may not be assigned, licensed, or otherwise transferred by you without the express written consent of an officer of Reynolds.