End user agreement for gpsTrainer
SOFTWARE LICENSE ARGREEMENT
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THIS SOFTWARE.
1. Grant of License- This is a legal contract between you and Peak Software Consulting, LLC. The terms of this Agreement govern your use of this program. By installing this software, you are agreeing to be bound by this Agreement. If you do not agree to the terms of this Agreement, please immediately erase the software from your computer memory. In consideration for your payment of the license fee, which is your purchase price of the software, Peak Software Consulting, LLC grants to you a non-exclusive, non-transferable, limited license to use and display the software contained on this CD-Rom on a single computer. You may not copy it and give the copy to others to use or own, or use on a network. Peak Software Consulting, LLC retains ownership and title to the software. This Agreement is not a sale of the original program or any copy. The software is licensed only to you and may not be transferred, assigned, rented, leased, sold or otherwise disposed of to anyone else.
2. Restrictions- The software is protected by both United States copyright law and international treaty provisions. Unauthorized copying of the software is expressly forbidden. You may not distribute copies of this software to others. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the software. You may be held legally responsible for any copyright infringement that is caused or incurred by your failure to abide by the terms of this Agreement. Subject to these restrictions, you may make as many copies of the software as you need for archival use; for the sole purpose of backing up the software and protecting your investment from loss, as long as the archival copy contains the same proprietary notices as appear in the original copy of the software.
3. Termination- This Agreement is effective until terminated. This Agreement (including the above license) will terminate automatically, without notice from Peak Software Consulting, LLC, if you fail to comply with any provisions of this Agreement. Upon termination you must destroy all copies of the software.
4. Limited Warranty/Remedy- Peak Software Consulting, LLC warrants that the CD-Roms on which the software is furnished shall, for a period of thirty (30) days from delivery (the “Warranty Period”) be free, in normal use, from defects in material and workmanship. Peak Software Consulting, LLC will have no responsibility to replace any CD-Roms that have been damaged by accident, abuse, or misapplication. If, during the Warranty Period, a defect in the CD-Roms appears, you may return the CD-Roms Peak Software Consulting, LLC for repair, replacement or, if so elected by Peak Software Consulting, LLC, refund of your purchase price. THE FOREGOING CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT. Peak Software Consulting, LLC does not warrant the completeness or accuracy of any information contained in the software, nor that the use of the software will meet your needs, nor that its use will be uninterrupted or error free. EXCEPT FOR THE WARRANTY SET FORTH ABOVE, THE PRODUCT IS LICENSED “AS IS,” AND PEAK SOFTWARE CONSULTING, LLC DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. No Peak Software Consulting, LLC dealer, distributor, agent or employee is authorized to make any modification or addition to the foregoing warranty. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations and exclusions may not apply to you. This warranty gives you the specific legal rights, and you may also have other rights, which vary from state to state.
5. Limitation of Liability- Under no circumstances shall Peak Software Consulting, LLC be liable to you on account of any claim (whether based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity, the failure of any limited remedy to achieve its essential purpose, or otherwise) for any special consequential, incidental, or exemplary damages, including but not limited to lost profits, or for any damages or sums paid by you to third parties, even if Peak Software Consulting, LLC has been advised of the possibility of such damages.
6. Governing Law- This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. You consent to the exclusive jurisdiction of the state and federal courts located in Denver, Douglas County, Colorado for any and all disputes related to this Agreement.