STRATAPMS EVALUATION AND CONFIDENTIALITY AGREEMENT
Effective: October 4, 2026
This Evaluation and Confidentiality Agreement (this "Agreement") is between DCV Systems, LLC, an Oregon limited liability company ("DCV Systems," "we," "us"), and the person who accepts it and, if that person accepts it on behalf of a business, that business (together, "you"). It applies to any access to the StrataPMS demonstration site, an evaluation account, the StrataPMS office application or thin client, and any other software, documentation or information we make available for evaluation (together, the "Evaluation Materials"). You accept this Agreement by checking the acceptance box and typing your full name, which you agree is your electronic signature. Your use of the Evaluation Materials is also subject to the StrataPMS Acceptable Use Policy and Privacy Policy.
1. Evaluation License
1.1 License. Subject to this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the Evaluation Materials only to evaluate whether to subscribe to StrataPMS for the operation of an RV park, campground or similar property that you own or manage (the "Purpose").
1.2 Ownership. We and our licensors own all right, title and interest in the Evaluation Materials, including all copies, updates and derivative works, and all related intellectual property rights. No rights are granted except those this Agreement expressly grants.
2. Your Statements
2.1 You confirm that the information you give us is true and complete, that you are at least 18 years old, and, if you accept for a business, that you are authorized to bind it.
2.2 You confirm that you are not employed by, contracting with, or acting on behalf of any person or company that develops, sells, licenses or provides reservation, property management, point-of-sale or similar software or services for campgrounds, RV parks or lodging properties (a "Competitor"), and that you are not accessing the Evaluation Materials for competitive analysis, unless we have approved your access in writing after you disclosed that relationship. You will tell us promptly if this changes.
3. Restrictions
You will not, and will not let anyone else:
- copy, modify, translate, adapt or create derivative works of the Evaluation Materials;
- reverse engineer, decompile, disassemble, decrypt or otherwise attempt to derive the source code, algorithms, data structures, database designs, prompts, models or other non-public elements of the Evaluation Materials, except to the extent applicable law expressly permits this despite this restriction;
- use the Evaluation Materials, or any information obtained from them, to design, build, train, improve, market or support any product or service that competes with StrataPMS;
- give, show, share or transfer access, sign-in credentials, downloads, screenshots, recordings or descriptions of the Evaluation Materials to any third party, including any Competitor;
- remove, alter or obscure any copyright notice, proprietary notice, identifying mark or other information that identifies the origin or recipient of the Evaluation Materials;
- get around, bypass, disable or interfere with any sign-in, access control, download limit, licensing check or other technical protection measure;
- use automated tools to access, copy, scrape or extract content or data from the Evaluation Materials; or
- publish or disclose benchmark, performance or comparison results about the Evaluation Materials without our written consent.
4. Confidentiality
4.1 Confidential Information. The Evaluation Materials and all non-public information about them, including software in any form, features, screens, workflows, designs, database structures, documentation, AI helper instructions, pricing, plans and roadmaps, are our confidential information and trade secrets ("Confidential Information").
4.2 Your obligations. You will keep Confidential Information confidential, use it only for the Purpose, disclose it to no one, and protect it with at least the care you use for your own confidential information and never less than reasonable care.
4.3 Exclusions. Confidential Information does not include information that you can show by written records is or becomes public through no fault of yours, was known to you without restriction before you received it from us, was independently developed by you without use of or reference to Confidential Information, or was lawfully received by you from a third party without a duty of confidentiality.
4.4 Required disclosure. If the law or a court requires you to disclose Confidential Information, you will give us prompt written notice where lawful, cooperate with any effort we make to limit the disclosure, and disclose only what is required.
5. Identifying Marks and Records
5.1 Marks. The Evaluation Materials may contain notices and marks that identify their origin and the person or account that received them. You agree not to remove, alter or obscure them.
5.2 Records. We record your acceptance of this Agreement and your access to and downloads of the Evaluation Materials, including the date, time, internet address and device information, as our Privacy Policy describes. We may use these records to provide the Evaluation Materials, protect them, and enforce this Agreement.
6. Feedback
If you give us suggestions or other feedback, we may use them freely and without obligation to you.
7. Return and Deletion
When your evaluation ends, or sooner if we ask, you will stop using the Evaluation Materials and permanently delete or destroy all Evaluation Materials and Confidential Information in your possession or control, including installed software and all copies, and will confirm this in writing if we ask.
8. Term and Termination
8.1 Term. This Agreement starts when you accept it. Your evaluation ends when you or we end it. We may suspend or end your access at any time, with or without notice.
8.2 Subscription. If you or your business subscribe to StrataPMS, the StrataPMS Master Subscription Agreement governs use of the subscribed service from then on. This Agreement continues to govern Evaluation Materials received before then.
8.3 Survival. Sections 1.2, 2, 3, 4, 5, 7, 8.3, 9, 10 and 11 survive the end of this Agreement. Section 4 continues for as long as the information remains Confidential Information, and for trade secrets, for as long as they remain trade secrets.
9. No Warranty; Limitation of Liability
9.1 The Evaluation Materials are provided free of charge, "as is" and "as available," without any warranty, service level or support commitment. To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement.
9.2 To the fullest extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, and our total liability arising from or related to this Agreement will not exceed one hundred U.S. dollars (US $100).
10. Remedies
10.1 Injunctive relief. You agree that a breach of Section 2.2, 3, 4, 5 or 7 would cause us irreparable harm for which money damages would not be an adequate remedy. We may seek an injunction or other equitable relief to stop or prevent such a breach, without posting a bond where the law allows, in addition to any other remedy available to us.
10.2 Costs. If we bring an action to enforce Section 2.2, 3, 4, 5 or 7 and prevail, you will pay our reasonable attorneys' fees and costs.
10.3 Certification. On our request, you will certify in writing that you have complied with this Agreement.
11. General Terms
11.1 Governing law and courts. Oregon law governs this Agreement, without regard to conflict-of-laws rules. Any lawsuit must be brought in the state or federal courts located in Oregon, and both parties consent to their jurisdiction, except that we may seek injunctive or other equitable relief under Section 10.1 in any court with jurisdiction.
11.2 Electronic acceptance. This Agreement may be accepted and signed electronically, and an electronic record of its acceptance has the same effect as a signed paper copy.
11.3 Assignment. You may not assign or transfer this Agreement or any rights under it. We may assign it to a successor to all or substantially all of our business or assets.
11.4 Notices. We send notices to the email address you gave us. You send legal notices to hello@stratapms.com and to DCV Systems, LLC, 915 SW Rimrock Way, Suite 201-172, Redmond, OR 97756.
11.5 Entire agreement. This Agreement, with the Acceptable Use Policy and Privacy Policy, is the parties' entire agreement about the Evaluation Materials and replaces any earlier agreement on that subject, except a written agreement signed by both parties that states it controls over this Agreement.
11.6 Severability and waiver. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the rest remains in effect. A failure to enforce a provision is not a waiver.
Contact
DCV Systems, LLC · 915 SW Rimrock Way, Suite 201-172, Redmond, OR 97756 · hello@stratapms.com