NOTICE TO USER:
THIS IS A CONTRACT. BY USING THIS SOFTWARE YOU ACCEPT ALL
THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Dattrax Software ("DATTRAX") End User License
Agreement ("EULA") accompanies the Dattrax Software website and associated computer code, images, data, script
and related explanatory materials
("SOFTWARE"). The term "SOFTWARE" shall also include any
upgrades, modified versions or updates of the Software licensed to you by
DATTRAX. Please read this EULA carefully. If you are reading this prior to
electronic distribution, you will be asked to accept this agreement and
continue to install or, if you wish to decline this agreement, in which case
you will not be able to use the Software. 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 EULA grants you the following rights:
a. DATTRAX
grants to you as an individual the non-exclusive license to view and use the
SOFTWARE on as many computers as you wish.
b. If
you are an entity, DATTRAX grants you the right the same rights as above.
c. You
agree that data relating to application usage of the SOFTWARE and any software
you register can be used by DATTRAX for any purpose.
d. You
agree not to interfere with or override the delivery or display of any
function in the SOFTWARE.
e. DATTRAX
reserves all rights not expressly granted.
2. COPYRIGHT.
The SOFTWARE is owned by DATTRAX, and its structure, organisation
and code are the valuable trade secrets of DATTRAX. The
SOFTWARE is protected by United Kingdom Copyright Law and International Treaty
provisions. You may use trademarks only insofar as required to comply with
Section 1 of this EULA and to identify printed output produced by the Software,
in accordance with accepted trademark practice, including identification of
trademark owner's name. Such use of any trademark does not give you any rights
of ownership in that trademark. Except as stated above, this EULA does not
grant you any intellectual property rights in the Software.
3. RESTRICTIONS.
You may not sell, resell, rent or lease the SOFTWARE. You agree not to modify,
adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt
to discover the source code of the Software. You may not alter or modify in any
way the installer for the Software, or create a new installer for the Software.
Redistribution rights, if any, are outlined below.
4. ADDITIONAL
RESTRICTIONS.
NONE
5. SUPPORT.
DATTRAX provides limited technical support for the SOFTWARE through the Dattrax
Software web site (www.dattrax.com). You agree that you accept the software on
an "as-is" basis.
6. LICENSE.
You agree to being invoiced by DATTRAX for the SOFTWARE on a frequency determined by DATTRAX. You agree that your rights to use
the SOFTWARE will terminate if any of these invoices are not settled within sixty consecutive days after the date on that invoice. You
agree to fully remove all versions of the SOFTWARE within thirty days if instructed to do so in writing by DATTRAX.
7. REDISTRIBUTABLE
CODE. You may freely distribute the setup program of this software. You must
not redistribute any license keys for this software. You must not redistribute any source code for this software.
8. EXPORT
RESTRICTIONS. You agree that neither you nor your customers intend to or will,
directly or indirectly, export or transmit (a) the SOFTWARE or related
documentation and technical data or (b) your software products as defined under
of this EULA (or any part thereof), or any process or service that is the
direct product of the SOFTWARE to any country to which such export or
transmission is restricted by any applicable U.K. regulation or statute,
without the prior written consent, if required of such other governmental
entity as may have jurisdiction over such export or transmission.
9. NO
WARRANTY. The SOFTWARE is being delivered to you AS IS and DATTRAX makes no
warranty as to its use or performance. DATTRAX AND ITS SUPPLIERS DO NOT AND
CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE
OR DOCUMENTATION. DATTRAX AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR
IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL DATTRAX OR ITS SUPPLIERS
BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES,
INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN DATTRAX REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY.
Some states or jurisdictions do not allow the exclusion or limitation of
incidental, consequential or special damages, or the exclusion of implied
warranties or limitations on how long an implied warranty may last, so the
above limitations may not apply to you.
10. GOVERNING
LAW AND GENERAL PROVISIONS. This EULA will be governed by the laws of the
United Kingdom, excluding the application of its conflicts of law rules. This
EULA will not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded. If
any part of this EULA is found void and unenforceable, it will not affect the
validity of the balance of the EULA, which shall remain valid and enforceable
according to its terms. You agree that the Software will not be shipped,
transferred or exported into any country or used in any manner prohibited by
United Kingdom laws, restrictions or regulations.
11. This EULA shall
automatically terminate upon failure by you to comply with its terms. This
Agreement may only be modified in writing signed by an authorised officer of
DATTRAX.
12. DATTRAX may change or
modify any or all aspects of this software without prior notice.
All rights reserved under the copyright laws of the United Kingdom.
Effective from 11-October-2014