End user agreement for Cargo Optimizer Enterprise
Cargo Optimizer Enterprise
Copyright (c) 2002-2012 Dreamsofts Optimization Ltd. All Rights Reserved.
Cargo Optimizer is a Trademark of Dreamsofts Optimization Ltd.
GRANTING OF LICENCE. Subject to the provisions contained herein, Dreamsofts Optimization Ltd., (herein called "The company") hereby grants you a non-exclusive license to use its accompanying proprietary software ("Software"), described as Dreamsofts Optimization's Cargo Optimizer, free of charge for the sole purpose of evaluating whether to purchase an ongoing license to the Software. You may evaluate the software for no more than 14 days. After 14 days of use you must purchase a license in order to continue using the Software. If you do not agree to be granted a free trail licence then the full purchase fee is due to the company immediately and no license is granted herein.
SOFTWARE AND DOCUMENTATION. The company shall furnish the Software to you electronically or on media in machine-readable object code form. If you receive your first copy of the Software electronically, and a second copy on media, the second copy may be used for backup and archive purposes only.
This license does not grant you any right to any enhancement or update to the Software and Documentation. Enhancements and updates, when available, may be obtained by you at the company?s then-current standard pricing, terms, and conditions.
RESTRICTED USE. You may not lend, rent, lease or otherwise transfer the Software. The Software is protected by the copyright laws of Canada and by international copyright treaties. Unless otherwise agreed between both parties this is a single user license and as such is valid for one user on one computer only.
TITLE. Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain with the company and/or its suppliers. This Agreement does not include the right to copy or sub-license the Software and is personal to you and therefore may not be assigned (by operation of law or otherwise) or transferred without the prior written consent of the company. You acknowledge that the Software in source code form remains a confidential trade secret of the company and/or its suppliers and therefore you agree not to attempt to decipher, decompile, disassemble or reverse engineer the Software or allow others to do so, except to the extent applicable laws specifically prohibit such restriction. You further agree not to modify or create derivative works of the Software.
CONTENT. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.
DISCLAIMER OF WARRANTY. Since the Software is provided free of charge, the Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THE COMPANY OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE COMPANY'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF THE COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TERMINATION. Either party may terminate this Agreement immediately in the event of default by the other party. Upon any termination of this Agreement, you shall immediately discontinue the use of the Software and shall within ten (10) days return to the company all copies of the Software and Documentation. You may also terminate this Agreement at any time by destroying the Software and Documentation and all copies thereof. Your obligations to pay accrued charges and fees shall survive any termination of this Agreement.
MISCELLANEOUS. This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only in writing executed by both parties. THE ACCEPTANCE OF ANY
PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND THE COMPANY AGREES TO FURNISH THE SOFTWARE AND
DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE
ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under Canadian law.
The contractor and manufacturer is Dreamsofts Optimization Ltd.