END-USER LICENSE AGREEMENT FOR "CarTrac"
aka "CARTrackPro, Demo,
Standard, Professional, or
Enterprise"
IMPORTANT - READ CAREFULLY
Please read the following
license agreement. You must
agree to its terms before using
this software.
This end-user license agreement
("EULA") is a legal agreement
between you (either an
individual or a single entity)
and Corporate Support Services.
for CARTrack v6.x.x, including
computer software, electronic
documentation and printed
materials ("SOFTWARE"). By
Downloading, installing,
copying, or otherwise using the
SOFTWARE, you agree to be bound
by the terms of this agreement.
If you do not agree to the terms
of this EULA, promptly destroy
all copies of the SOFTWARE,
including any updates, printed
materials, binders or other
containers, in your possession
or return them to Corporate
Support Services.
The SOFTWARE is protected by
copyright laws and international
copyright treaties, as well as
other intellectual property laws
and treaties. The SOFTWARE is
licensed, not sold.
1. GRANT OF LICENSE
This License Agreement
("License") permits you to use
one copy of the specified
version of the software product
identified above, which may
include "online" or electronic
documentation (the "SOFTWARE")
on a single computer. The
SOFTWARE is in "use" on a
computer when it is loaded into
temporary memory (i.e., RAM) or
installed onto permanent memory
(e.g. hard disk CD-ROM, or other
storage device) of that computer
except that a copy installed on
a network server for the sole
purpose of distribution to other
computers is not "in use." If
the anticipated number of users
of the SOFTWARE will exceed the
number of applicable Licenses,
then you must have a reasonable
mechanism or process in place to
ensure that the number of
persons using the SOFTWARE
concurrently does not exceed the
number of Licenses. If the
SOFTWARE is permanently
installed on the hard disk or
other storage devise of a
computer (other than a network
server) and one person uses that
computer more than 80% of the
time it is in use, then that
person may also use the SOFTWARE
on a portable or home computer.
2. UPGRADES
If the SOFTWARE is an upgrade,
you may use or transfer the
SOFTWARE only in conjunction
with the prior version(s) of the
SOFTWARE.
3. COPYRIGHT
The SOFTWARE (including any
images, "applets," photographs,
animations, video, audio, music,
executables, libraries and text
incorporated into the SOFTWARE)
is owned by Corporate Support
Services or its suppliers and is
protected by United States
copyright laws and international
treaty provisions. Therefore,
you must treat the SOFTWARE like
any other copyrighted material
(e.g., a book or musical
recording ) except that you may
either (a) make one copy of the
SOFTWARE solely for backup or
archival purposes, or (b)
transfer the SOFTWARE to a
single hard disk provided you
keep the original solely for
backup or archival purposes. You
may not copy the printed
materials accompanying the
SOFTWARE.
4. OTHER RESTRICTIONS
You may not rent or lease the
SOFTWARE, you may not transfer
the SOFTWARE or accompanying
written materials including any
updates, printed materials,
binders or other containers, in
your possession. You may not use
the SOFTWARE to create an
application or component for
distribution that is generally
competitive with any Corporate
Support Services product, is a
substitute for any Corporate
Support Services product, or is
a general-purpose or
special-purpose software
programming tool or component.
You may not use the software to
create a code generation
service. You may not reverse
engineer, decompile, or
disassemble the SOFTWARE, except
to the extent such foregoing
restriction is expressly
prohibited by applicable law.
5. DUAL-MEDIA SOFTWARE
You may receive the SOFTWARE in
more than one medium. Regardless
of the type or size of medium
you receive, you may use only
the medium appropriate for your
single-user computer. You may
not use the other medium on
another computer or load, rent,
lease, or transfer the other
medium, files, disks, SOFTWARE
or printed materials, nor print
copies of any user documentation
provided in "online" or
electronic form to another user
or entity.
6. LANGUAGE SOFTWARE
You have no right to reproduce
and/or distribute executable
files created using the
SOFTWARE. Corporate Support
Services grants you the right to
use the SOFTWARE provided you
agree to indemnify, hold
harmless, and defend Corporate
Support Services and its
suppliers from and against any
claims or lawsuits, including
attorney's fees, that arise or
result from the use or
distribution of our software
product.
7. LIMITED WARRANTY
Corporate Support Services, Inc.
warrants that the SOFTWARE will
perform substantially in
accordance with the accompanying
written materials for a period
of ninety (90) days from that
date of receipt. Any implied
warranties on the SOFTWARE are
limited to ninety (90) days.
Some states/jurisdictions do not
allow limitations or duration of
an implied warranty, so the
above limitation may not apply
to you.
8. CUSTOMER REMEDIES
Corporate Support Services and
its suppliers' entire liability
and your exclusive remedy shall
be, at Corporate Support
Services's option, to either (a)
return of the price paid, or (b)
repair or replacement of the
SOFTWARE that does not meet
Corporate Support Services's
Limited Warranty and which is
returned to Corporate Support
Services with a copy of your
receipt. This Limited Warranty
is void if failure of the
SOFTWARE has resulted from
accident, abuse, or
misapplication. Any replacement
SOFTWARE will be warranted for
the original warranty period or
thirty (30) days, whichever is
longer. Outside the Unites
States, neither these remedies
nor any product support services
offered by Corporate Support
Services are available without
proof of purchase from an
authorized non-U.S. source.
9. NO OTHER WARRANTIES
To the maximum extent permitted
by applicable law, Corporate
Support Services and its
suppliers disclaim all other
warranties, either express or
implied, including, but not
limited to, implied warranties
of merchantability and fitness
for a particular purpose, with
regard to the SOFTWARE and the
accompanying printed materials.
This limited warranty gives you
specific legal rights. You may
have others which vary from
state/jurisdiction to
state/jurisdiction.
10. NO LIABILITY FOR
CONSEQUENTIAL DAMAGES
To the maximum extent permitted
by applicable law, in no event
shall Corporate Support
Services, or its suppliers be
liable for any 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
this Corporate Support Services
product, even if Corporate
Support Services has been
advised of the possibility of
such damages. Because some
states/jurisdictions do not
allow the exclusion or
limitation of liability for
consequential or incidental
damages, the above limitation
may not apply to you.
11. U.S. GOVERNMENT RESTRICTED
RIGHTS
The software and documentation
are provided with restricted
rights. Use, duplication, or
disclosure by the Government is
subject to restrictions as set
forth in subparagraph (c)(1)(ii)
of the Rights of Technical Data
and Computer Software clause at
DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of
the Commercial Computer Software
- Restricted Rights at 48 CFR
52- 227-19, as applicable.
Manufacturer is Corporate
Support Services, 103 S. Main
Street, Cibolo, Texas, USA
78108.
If you acquired this product in
the United States, this
Agreement is governed by the
laws of the State of Texas.
If you acquired this product in
Canada, this Agreement is
governed by the laws of the
Province of Ontario, Canada.
Each of the parties hereto
irrevocably attorns to the
jurisdiction of the courts of
the Province of Ontario and
further agrees to commence any
litigation which may arise
hereunder in the courts located
in the Judicial District of
York, Province of Ontario.
If this product was acquired
outside the United States, then
local laws may apply.
Should you have any questions
concerning this Agreement or if
you desire to contact Corporate
Support Services, Inc. for any
reason, please contact the
Corporate Support Services
distributor serving your
country, or write: Corporate
Support Services, 103 S. Main,
Cibolo, Texas, USA 78108.
REMINDER NOTE:
When you get a new computer, you
have a choice to make concerning
your Corporate Support Services
software.
You may setup your software on
your new computer if you delete
it from your old computer.
-OR-
If you leave your software on
your old computer, you need to
purchase additional software for
your new computer.
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