Order the Hazardous Materials Management System

License Agreement

Step One – Agree to license terms

After you accept these terms you will be connected to our secure online transaction process.

This "Agreement" is entered into Encompsol Inc. (hereinafter, the "Licensor"), and the PURCHASER, (hereinafter, the "Licensee").

This Agreement was prepared to assist users of Licensor's website, software, products, Systems, tools, and other materials and benefits (the "Systems"). The Systems under this Agreement are provided without representation or warranty of any kind and Licensor hereby disclaims any liability with respect to their use. Licensor does not warrant or represent that it is the sole owner of all right, title, and interest in the Systems.  Although Licensor has made every effort to make its Systems as functional and error-free as possible, Licensor does not warrant that the Systems, as they are now or as modified in the future, are or will be functional and free of error.

Licensor hereby grants Licensee the non-exclusive right to use the Systems at the price agreed to on the front of this invoice.  Licensee understands that the Systems, including software and other tools, are under construction and in the process of expansion, revision and debugging and Licensee agrees to use them at its own risk. 
 
Licensee agrees to indemnify and hold harmless Licensor from any claim arising out of the use of the Systems, except as set forth herein. Licensor does not warrant that the Systems will conform to any set of specifications or expectations of Licensee, and its sole obligation under this Agreement shall be to provide or replace the existing or up-graded Systems, if and when they become available for distribution. But, Licensor shall have no duty to make the Systems available.

Licensor acknowledges that the System(s) are not so unique or the circumstances such that either party shall be entitled to the remedy of specific performance. Licensee's sole remedy under this Agreement shall be replacement of the System, or in (and only in) the event replacement would fail as a remedy, then damages in the amount of Licensee's payments made to Licensor and revocation of the Agreement to the exclusion of all other remedies.

Licensee hereby waives its rights to and agrees that Licensor shall not be liable for consequential or incidental damages.  Licensee agrees that the amount of liquidated damages in the event of Licensor's breach of this Agreement shall not exceed Licensee's payments to Licensor under this Agreement.  Additionally, no liquidated damages are provided for delay or non-performance.

Any litigation under this Agreement shall be governed by the laws of Arizona with venue and jurisdiction in Maricopa County Arizona. The prevailing party shall be entitled to their reasonable costs and attorneys fees. 
	
LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) INCLUDING THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, RESULTS OR OUTCOME AND FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE EITHER TO LICENSEE OR A THIRD PERSON WHO MAY RELY ON THE INFORMATION AND FUNCTIONALITY OF THE SYSTEMS.

Payment of this invoice by Licensee demonstrates full and final acceptance of the terms and conditions of this agreement by License.

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