Pro Tow distribution permissions and end-user license agreement
Pro-Tow SUBSCRIPTION LICENSE AGREEMENT DEFINITIONS: Software: Includes the Pro-Tow software program, Pro-Tow volume, as well as any other computer software which Marr Software Inc. (“Marr Software”) may provide to Licensee under the terms of this Subscription Agreement. Subscription Programs: The volumes included in the specific subscription program at the time of this Agreement are listed on the Subscription Order Form. Marr Software shall have the right to periodically change, add, or remove volumes contained in a specific subscription program as well as to change, add, or remove specific Modules contained in each volume. General Subscription Programs: Marr Software offers four different subscription programs, the general subscription programs, plus applicable sales tax. The monthly fee to add general subscription modules are governed by their separately executed subscription agreement. Computer: Means a single microcomputer, computer terminal, network station or network fileserver. Documentation: Means the manual and any other printed material provided with the software. TERM: This Agreement is effective from month-to-month and is terminable at the will of either party, subject to the requirements for termination as specified herein. UPDATES: While a subscription is in effect, and provided that Licensee is current under all obligations, Marr Software will provide all updates and upgrades for the licensed products to Licensee free of charge. MONTHLY FEE: The monthly fee is $55.00 for 1 user for a Pro-Tow Subscription, plus applicable sales tax. The monthly fee to add the Pro-Tow volume to any general subscription program is $55.00 plus applicable sales tax. The monthly subscription fee authorizes the Licensee (single-user or network) to use the software on up to two (1) computers at a single site by a Company or single governmental office. The monthly fee to license the installation or use of the soft ware on additional computers is $44.00 for one (1) additional computer, and $25 for the next additional computers, plus applicable sales tax. Monthly subscription fees are payable to Marr Software at its offices in Polk County, Florida, on the first day of each month in advance without demand. LATE CHARGES AND PENALTIES: If the monthly fee(s) is not received by the 10th day of the month in which it is due, the account will be considered delinquent. A late payment fee of $15.00 will be assessed each month an account is delinquent. Upgrades and updates for the licensed software will not be sent to a Licensee whose account is delinquent or has unpaid late payment fees. TERMINATION: The monthly subscription fee will continue to accrue on the first day of each month until Licensee (1) returns the software and documentation to Marr Software and (2) Notifies Marr Software in writing that all copies of the software have been deleted and uninstalled from all computers. If Marr Software provides Licensee with the capability to do so, Marr Software may require Licensee to return to Marr Software a diskette which deletion of the software before termination of this Agreement is effective. Marr Software shall not be obligated to prorate and refund any monthly fees remaining for the month of termination. Marr Software shall have the right to refuse to re-license any person or Company who has previously terminated a license agreement. GRANT OF LICENSE: Subject to all other terms of this agreement, Marr Software hereby grants to Licensee the right to install and use copies of the licensed software on two (2) computers at a single site by a single Company or single governmental office. The software is installed when it is copied to the hard disk of a computer. LIMITED WARRANTY: The software provided under this agreement DOES NOT AND CANNOT REPLACE THE NEED FOR PROFESSIONAL CARE AND JUDGMENT as to the accuracy of any material produced by the software. Marr Software makes NO WARRANTIES of any kind with respect to the software. This specifically includes, but is not limited to a DISCLAIMER OF ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DEFAULT: If this agreement is given to an attorney for collection or enforcement, or if suit is brought for collection or enforcement, or if it is collected or enforced through probate, bankruptcy, or any other judicial proceeding, then Licensee shall pay Marr Software all costs of collection and enforcement, including reasonable attorney’s fees and court costs, in addition to other amounts due. In the event of default, all amounts due to Marr Software shall accrue interest at the highest rate allowed by law. Venue for enforcement of this contract is in Polk County, Florida. GENERAL: In the event the terms of this agreement conflict with any other representations, either express or implied, made by any person or any materials employed by, produced by, or supplied by Marr Software, the provisions of this agreement shall prevail. All prices and terms are subject to change at any time without notice. This agreement shall be governed by and construed in accordance with the internal laws of the State of Florida.
This software may be distributed freely.