HAWKEYE STEEL END USER LICENSE AGREEMENT
IMPORTANT-SCROLL THROUGH AND READ ALL OF THE FOLLOWING TERMS AND' CONDITIONS

1. GRANT OF LICENSE.  Hawkeye Steel Products, Inc. ("Hawkeye") hereby grants You ("Licensee") a limited, non-exclusive, non-transferable, non-sublicensable license of the scope described in this End User License Agreement ("Agreement") to use the Website, any proprietary material associated with the Website, and the Software only upon the following conditions:
a. You must accept all the terms and conditions of this agreement either prior to or during the installation of the software or utilizing the website.  Each user must be issued their own unique username and password before using the website.   YOU WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ALL OF ITS TERMS AND CONDITIONS BY DOING ONE OR MORE OF THE FOLLOWING:  (a)  CLICKING  "I  AGREE"  OR A SIMILAR AFFIRMATION, AS APPLICABLE, THAT APPEARS DURING INSTALLATION OF THE SOFTWARE, OR (b) USING THE SOFTWARE, OR (c) ACCESSING THE WEBSITE.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT (IN ITS ENTIRETY AND WITHOUT CHANGE TO OR ADDITION TO ITS TERMS AND CONDITIONS), THEN YOU DO NOT HAVE A LICENSE TO USE THE WEBSITE OR SOFTWARE.

2. DEFINITIONS. As used herein, the following terms have the following meanings:
a. "Agreement" means this Hawkeye Steel End User License Agreement.
b. "Licensee" means the individual and/or company utilizing the Software, and can also be designated as "Customer" and/or "You" or "Your".
c. "Software" means the computer program, a part of which includes the install routine that when executed causes this Agreement to be displayed, and additionally any algorithms or underlying source code associated with the Website or Software.
d. "Upgrade" means any and all improvements in the Software which are made available to the Licensee.
e. "Website" means the website with the URL spantechinsight.com.

3. LIMITS OF LICENSE.  The license contained in this Agreement does not include the right to perform, and You shall not perform, any of the following:
a. Except as expressly set forth herein, making any copy of the Software or Website.
b. Distributing any copy of the Software or Website (whether by renting, leasing, lending, sublicensing, time-sharing, or otherwise), unless Hawkeye consents in writing.
c. Altering, modifying, translating, decompiling, disassembling, or reverse-engineering the Software or creating any derivative work based upon the Software or Website.
d. Removing or obscuring any copyright or trademark notices from the Software or Website.
e. Using the Software or Website in excess of the limitations set forth in this Agreement.

4. PRIVACY POLICY. The Software or Website may collect and transmit to Hawkeye certain information, including, but not limited to, IP address, user name, usage statistics, information related to building designs, quotes, quote history, current projects, etc. Hawkeye will not sell, trade, or otherwise transfer to outside parties Your personally identifiable information. Outside parties do not include trusted third parties who assist Hawkeye in operating the Hawkeye website, conducting Hawkeye business, or servicing You, so long as such parties agree to keep this information confidential. Hawkeye may also release your information when Hawkeye believes release is appropriate to comply with the law, enforce Hawkeye site policies, or protect Hawkeye's or others' rights, property, or safety. Notwithstanding any provision in this Agreement to the contrary, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. By entering into this Agreement or using the Software or accessing the Website, You agree to the collection and transmission of the information described in this paragraph.

5. BUILDING LOADS ANALYZER. The building loads analyzer is designed to give wind load and ground snow load data for each county/parish in the United States. It also helps dealers select the appropriate building to meet the local building requirements. The values given are for a single point in the county. Using this data in locations where the counties are large or where the snow and wind contour lines are close together can result in substantial errors. In these cases it is best to contact the local planning office to determine loads in the building's particular area. THE ONLY WAY TO TRULY KNOW THE SPECIFIC BUILDING REQUIREMENTS FOR A PARTICULAR LOCATION IS TO CALL THE LOCAL PLANNING OFFICE IN THE AREA THE BUILDING IS BEING ERECTED. Accordingly, You acknowledge that the Software, Website and the building loads analyzer are designed to expedite and estimate materials for the construction of certain structures at certain points within a specific county. You further acknowledge that Hawkeye makes no representations to specific requirements for erecting a structure based on the weather or specific building requirements of a specific location used for construction of a structure.   

6. SITE SPECIFIC CASE STUDIES OR ELEVATION RESTRICTIONS. In some areas, particularly in the Western and Northeast United States, mountainous areas can drastically change the wind and snow loads. In addition to the provisions set forth in paragraph 5 above, Hawkeye recommends a site specific case study to determine weather conditions for a particular site, as well as contacting the local planning office.

7. LIMITED WARRANTY, LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.
a. LIMITED WARRANTY.  HAWKEYE PROVIDES THE WEBSITE AND SOFTWARE "AS IS, WHERE IS" WITHOUT WARRANTY.  HAWKEYE DOES NOT WARRANT THAT THE WEBSITE OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE WEBSITE OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.  UNDER NO CIRCUMSTANCES SHALL HAWKEYE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO LOSS OF PROFITS, LOSS OF THE WEBSITE, SOFTWARE OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, PURCHASER'S TIME, CLAIMS OF THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY.
b. LIMITATION OF LIABILITY. IN ANY EVENT, IF ANY STATUTE IMPLIES WARRANTIES OR CONDITIONS NOT STATED IN THIS AGREEMENT, HAWKEYE'S ENTIRE LIABILITY UNDER ANY PROVISIONS OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO HAWKEYE TO LICENSE THE SOFTWARE.
c. DISCLAIMER OF WARRANTIES. THIS WARRANTY CONTAINS THE ENTIRE WARRANTY AND SHALL BE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED (INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF HAWKEYE.  HAWKEYE MAKES NO OTHER WARRANTIES.  HAWKEYE NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON PURPORTING TO ACT ON ITS BEHALF TO MODIFY OR CHANGE THIS WARRANTY, NOR ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY CONCERNING THE WEBSITE OR SOFTWARE.
d. OTHER LIMITATIONS. Hawkeye will have no responsibility under these limited warranties for any Software or media that has been modified, lost, stolen, or damaged by accident, abuse, or misapplication. No employee, agent, or representative of Hawkeye, or any other third party, is authorized to make any warranty with respect to the Website or Software, except those expressly stated in this Agreement, and You may not rely on any such unauthorized warranty. 

8. TERM AND TERMINATION. This Agreement takes effect from the date You accept it and continues until terminated in accordance with this Section.
a. Notwithstanding the foregoing, this Agreement and the license granted to You will terminate automatically and without notice if You fail to comply with any term or condition of this Agreement, 
b. Upon termination, You shall immediately stop using the Website and Software and destroy all Software copies in Your possession or control.
c. Any provision in this Agreement which when reasonably read as intended to survive the termination of this Agreement shall survive, including without limitation, the disclaimer of warranties and limitations of liability.

9. APPLICABLE LAW AND VENUE. The validity, interpretation, and enforcement of this Agreement shall be governed by the laws of the State of Iowa, including its choice of law rules. Any action or proceeding arising out of the subject matter of this Agreement or to enforce the terms of this Agreement shall be brought in the District Court of Lee County, Iowa or the Federal District Court of Iowa-Southern District.   

10. LIQUIDATED DAMAGES AND INDEMNIFICATION.
b. You acknowledge that the Website and Software is protected by copyright law for the benefit of Hawkeye and that Hawkeye retains the title to and ownership of the Website and Software and the associated intellectual property. You further acknowledge that the damages associated with Your breach of any term of this Agreement are difficult to determine and measure. Accordingly, any breach of this Agreement by You associated with allowing unauthorized use or copying of the Website or Software shall result in the specific liquidated damage amount of $30,000 payable by You to Hawkeye in immediately available funds.
c. You hereby agree to protect, indemnify and hold harmless Hawkeye from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Hawkeye (whether or not the subject of a third party claim) by reason of (a) any failure on the part of You to perform or comply with any of the terms of this Agreement; (b) performance of any labor or services or the furnishing of any materials or any property to any third party utilizing the Website or Software, and (c) the negligence or willful misconduct of You. 

11. ENTIRE AGREEMENT AND SEVERABILITY.  This Agreement represents the complete and entire understanding between You and Hawkeye regarding the Website and Software and supersedes any prior purchase order, confirmation, advertising, representation, or other communication. This Agreement may not be modified except by a written agreement signed by You and an authorized Hawkeye representative. If any provision of this Agreement is found to be void, invalid, or unenforceable, it shall be severed from and shall not affect the remainder of this Agreement, which shall remain valid and enforceable. Any such severed provision shall be replaced with a similar provision which conforms to applicable law and embodies as closely as possible the original intent of the parties.