End user agreement for AutoTRAX DEX Ultimate
THIS KOVAC SOFTWARE LICENSE AGREEMENT ("LICENSE AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND KOVAC SOFTWARE, FOR THE SOFTWARE PRODUCT. BY USING THE SOFTWARE PRODUCT, YOU ARE AGREEING UNCONDITIONALLY TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, EVEN IF THIS LICENSE AGREEMENT IS DEEMED A MODIFICATION OF ANY PREVIOUS ARRANGEMENT OR CONTRACT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT USE THE SOFTWARE PRODUCT. INSTEAD, YOU MAY RETURN THE SOFTWARE PRODUCT TO THE PLACE YOU OBTAINED IT FOR A FULL REFUND (IF APPLICABLE).
Software Product License
The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.
For purposes of this License Agreement, "Software Product" refers to the computer software and associated media, printed materials, and "online" or electronic documentation, including without limitation any and all executable files, add-ons, stencils, templates, databases, tutorials, help files and other files, that accompany the Kovac Software product identified above or in the accompanying documentation; "Use" means storing, loading (whether into temporary memory (i.e., RAM) or into permanent memory (e.g., hard disk, CD-ROM or other storage device)), installing, executing or displaying the Software Product; and "You" means the company, entity or individual whose funds are used to pay the license fee or who has otherwise acquired the Software Product.
1. Grant of License
Software Product. Kovac Software grants You the non-exclusive, non-sublicensable, limited license to Use one copy of the Software Product on a single computer, subject to the terms and conditions of this License Agreement.
Second Copy. The primary user of a computer on which a copy of the Software Product is installed may make a second copy for his or her exclusive Use on either a home or portable computer, but not both.
Storage/Network Use. You may also store or install a copy of the Software Product on a storage device, such as a network server, for the purpose of Using the Software Product on Your computers only over an internal network; however, You must acquire and dedicate a license for each separate computer on which the Software Product is Used from the storage device. A license for the Software Product may not be shared or Used concurrently on different computers. You shall inform all users of the Software Product of the terms and conditions of this License Agreement.
License Pack. If You have acquired this License Agreement in a Kovac Software License Pack, You may make the number of additional copies of the computer software portion of the Software Product authorized on the printed copy of this License Agreement, and You may Use each copy only in the manner specified in this License Agreement. You are also entitled to make a corresponding number of second copies for home or portable computer Use only in the manner specified in this License Agreement.
Title, ownership rights and intellectual property rights in and to the Software Product shall remain in Kovac Software and its suppliers and are protected by US and international copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold. There is no transfer to You of any title to or ownership of the Software Product and the license granted under this License Agreement should not be construed as a sale of any right in the Software Product. You must treat the Software Product like any other copyrighted materials (e.g., a book or musical recording) except that You may make one copy of the Software Product solely for backup or archival purposes (with the inclusion of all copyright and other proprietary notices), only as long as You otherwise comply with the terms and conditions of this License Agreement. You may not make additional copies of the Software Product. You may not copy the printed materials accompanying the Software Product. All rights not specifically granted under this License Agreement are reserved by Kovac Software.
3. Description of Other Rights and Limitations
Limitations on Reverse-Engineering, Decompilation and Disassembly; Other Restrictions. You acknowledge that the Software Product in source code form remains a confidential trade secret of Kovac Software and therefore You agree not to reverse-engineer, decompile or disassemble the Software Product, or make any attempt to discover the source code to the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Except as expressly permitted in this License Agreement, the Software Product may not be Used, copied, translated, redistributed, retransmitted, published, sold, rented, leased, marketed, sublicensed, pledged, assigned, disposed of, encumbered, transferred, altered, modified or enhanced, whether in whole or in part, nor may You create derivative works from or based on the Software Product. You may not remove any proprietary notices, marks or labels from the Software Product.
Separation of Components. The Software Product is licensed as a single product and its component parts may not be separated for Use on more than one computer.
Transfer of Software Product. You may transfer all Your rights under this License Agreement on a permanent basis only, provided You retain no copies, You transfer the License Agreement, the corresponding serial number (if applicable) and all the Software Product (including without limitation all component parts, media and printed materials, and any upgrades) and the recipient agrees to all the terms and conditions of this License Agreement. If the Software Product is an upgrade product, any transfer must include the latest release, all prior versions and any prior products used to obtain the Software Product.
Termination. This License Agreement is in effect until terminated. You may terminate it at any time by destroying the Software Product and all copies You have made. Unauthorized copying or duplication of the Software Product will result in automatic termination of this License Agreement. Without prejudice to any other rights, Kovac Software may terminate this License Agreement if You fail to comply with any term or condition of this License Agreement. Upon termination of this License Agreement, You agree to destroy the Software Product and all copies You have made.
Academic Software Product. If the Software Product is identified as "Academic", You must be a Qualified Educational User (as defined by Kovac Software) to Use the Software Product. If You are not a Qualified Educational User, You have no rights under this License Agreement. To determine whether You are a Qualified Educational User, please contact Kovac Software - Academic Sales at the applicable address set forth below.
Not For Resale ("NFR") Software Product. If the Software Product is identified as "Not For Resale" or "NFR", then, notwithstanding any other terms and conditions of this License Agreement, You may not, for value or other consideration, distribute, resell, dispose of, or transfer the Software Product.
Support Services. Kovac Software may provide You with customer and technical support services related to the Software Product ("Support Services"). Use of Support Services is governed by the Kovac Software policies and programs described in the user manual, in "online" or electronic documentation, and/or in other Kovac Software-provided materials. Any supplemental software code provided to You as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this License Agreement. With respect to any technical information You provide to Kovac Software as part of the Support Services, Kovac Software may use such information for its business purposes, including product support and development. Kovac Software will not utilize such technical information in a manner that personally identifies You.
If the Software Product is identified as an "upgrade", You must be properly licensed to Use a product, whether from Kovac Software or another supplier, that is specified by Kovac Software as being eligible for the upgrade in order to Use the Software Product. A Software Product identified as an upgrade replaces or supplements the product that formed the basis for Your eligibility for the upgrade. Notwithstanding any other terms and conditions of this License Agreement, You may transfer the Software Product only in conjunction with the product that formed the basis for Your eligibility for the upgrade, unless You destroy such product. If the Software Product is an upgrade from a component of a package of software programs which You licensed as a single product, the Software Product may be Used or transferred only as part of that single product package and may not be separated for Use on more than one computer.
5. Dual-Media Software
You may receive the Software Product in more than one medium; for example, in disk media, on a CD-ROM or in both media. Regardless of the type or size of medium You receive, You may Use only one medium that is appropriate for Your computer. You may not Use the other medium on another computer. You may not distribute, transmit, sell, loan, rent, lease or otherwise transfer the other medium to another user, except as part of the permanent transfer of the Software Product pursuant to the terms and conditions of this License Agreement.
6. Reports and Audit Rights
You shall institute reasonable measures to ensure compliance with the terms and conditions of this License Agreement. Upon Kovac Software's reasonable request, You agree to provide reports relating to Your Use of the Software Product as necessary to demonstrate Your compliance with the terms and conditions of this License Agreement. You further agree that Kovac Software has the right, upon reasonable prior notice, to audit Your records and inspect Your facilities to verify Your compliance with the terms and conditions of this License Agreement.
7. US Government Restricted Rights
The Software Product 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 in 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. The contractor/manufacturer is Kovac Software, Kovac Software. Fair Oak, Skeath Lane, Sandon Bank, Stafford ST18 9TD, England.
8. Export Restrictions
You may not export or reexport the Software Product or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software Product or underlying information or technology may be exported or reexported (a) into (or to a national or resident of) Cuba, Haiti, Iran, Iraq, Libya, Serbia, Montenegro, North Korea, Sudan or Syria or (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Deny Orders, as such countries, lists and orders may be amended or modified from time to time. By Using the Software Product, You are specifically agreeing to the foregoing and You are representing and warranting that You are not located in, under the control of, or a national or resident of any such country or on any such list.
9. Entire Agreement; Governing Law
This License Agreement constitutes the entire agreement between Kovac Software and You with regard to the subject matter hereof and supersedes any and all prior agreements, understandings and representations, whether written or oral, concerning the subject matter of this License Agreement. This License Agreement shall not be modify except by a written agreement executed by a duly authorized representative of each of Kovac Software and You.
Nothing in this License Agreement is intended to exclude, modify or restrict the operation of any applicable statute or other law, the provisions of which cannot lawfully be excluded, modified or restricted. If any court of competent jurisdiction determines that a provision of this License Agreement is illegal, invalid or unenforceable in any jurisdiction, then such provision shall be deemed modified to the minimum extent necessary to make it comply with the applicable statute or law of such jurisdiction, and the remaining provisions of this License Agreement shall continue in full force and effect. Any such modification shall not effect any provisions of this License Agreement in any other jurisdiction where this License Agreement governs the Use of the Software Product.
If You acquired the Software Product in Canada, You agree to the following: Each of Kovac Software and You hereby confirm, desire and agree that this License Agreement has been and shall be written solely in the English Language.
IF YOU ACQUIRED THE SOFTWARE PRODUCT IN THE UNITED STATES, THIS LICENSE AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, USA, EXCEPT FOR THAT BODY OF LAW DEALING WITH CONFLICTS OF LAW, WITHOUT REFERENCE TO THE 1980 UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.
IF YOU ACQUIRED THE SOFTWARE PRODUCT OUTSIDE THE UNITED STATES, THIS LICENSE AGREEMENT IS GOVERNED BY THE LAWS OF THE REPUBLIC OF IRELAND.
Software Product Limited Warranty
To the original customer only, Kovac Software provides the following warranties:
Limited Warranty. KOVAC SOFTWARE WARRANTS THAT (a) FOR A PERIOD OF SIXTY (60) DAYS FROM THE DATE OF ORIGINAL PURCHASE ("WARRANTY PERIOD") AS EVIDENCED BY YOUR RECEIPT OR OTHER PROOF OF PURCHASE (i) THE SOFTWARE PRODUCT, UNLESS MODIFIED OR OTHERWISE ALTERED BY YOU, WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE ACCOMPANYING WRITTEN MATERIALS, AND (ii) THE MEDIA ON WHICH THE SOFTWARE PRODUCT IS FURNISHED WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE; AND (b) ANY SUPPORT SERVICES PROVIDED BY KOVAC SOFTWARE SHALL BE SUBSTANTIALLY AS DESCRIBED IN APPLICABLE WRITTEN MATERIALS PROVIDED TO YOU BY KOVAC SOFTWARE. Kovac Software does not warrant that the Software Product will meet Your requirements or that Use of the Software Product will be uninterrupted or error-free. Kovac Software is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Software Product, nor for problems in the interaction of the Software Product with non-Kovac Software software products. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to You. The Limited Warranty gives You specific legal rights. You may have others, which vary by jurisdiction.
Exclusive Remedy. Kovac Software's entire liability, and Your exclusive remedy, shall be, at Kovac Software's option, either (a) replacement of the defective media, (b) repair or replacement of the Software Product that does not meet Kovac Software's Limited Warranty, or (c) return of the price paid, if any, and termination of this License Agreement. This remedy is subject to return of the Software Product to Kovac Software with a copy of Your receipt within the Warranty Period or, solely for Software Product that was obtained electronically via "electronic software distribution", to delivery to Kovac Software of a Kovac Software-approved "certification of destruction" together with proof of purchase within the Warranty Period. This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse or misapplication. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside of the United States, neither these remedies nor any Support Services are available without proof of purchase from an authorized source.
No Other Warranties. THE ABOVE WARRANTIES ARE EXCLUSIVE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOVAC SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND THOSE ARISING OUT OF USAGE OF TRADE OR COURSE OF DEALING, CONCERNING THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KOVAC SOFTWARE, ITS AGENTS, DEALERS, DISTRIBUTORS OR EMPLOYEES SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY OTHER WARRANTIES.
No Liability for Damages. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOVAC SOFTWARE OR ITS SUPPLIERS (OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, ECONOMIC, PUNITIVE OR SIMILAR DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS INFORMATION OR ANY AND ALL OTHER COMMERCIAL OR PECUNIARY DAMAGES OR LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, HOWEVER CAUSED AND ON ANY LEGAL THEORY OF LIABILITY (WHETHER IN TORT, CONTRACT OR OTHERWISE), EVEN IF KOVAC SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. In any event, if any statute implies warranties or conditions not stated in this License Agreement, Kovac Software's entire liability under any provision of this License Agreement shall be limited to the greater of the amount actually paid by You to license the Software Product and Five United States Dollars (US$5.00), or, in the case of Support Services, providing such Support Services again or refunding the cost thereof. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
Copyright (c) 1999-2007 Kovac Software.
All Rights Reserved.
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