Universal Tracking System for Palm OS distribution permissions and end-user license agreement

UTrackSys.com, LLC
Software Program License Agreement

THIS IS A CONTRACT. PLEASE READ IT CAREFULLY. BY INSTALLING, USING OR COPYING THE SOFTWARE PROGRAM YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY, OR USE THE SOFTWARE PROGRAM.

THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE PROGRAM BETWEEN YOU AND UTRACKSYS.COM, LLC. AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.

1. LICENSE GRANT. UTrackSys.com, LLC. (referred to as "Licensor"), and any applicable licensors hereby grant to you, and you accept, a non-exclusive license to use one copy of the Software Program solely for your own personal or business purposes. The Software Program may be used only on a single device owned, leased, or otherwise controlled by you; or in the event of the inoperability of that device, on a backup device selected by you. Concurrent use on two or more devices is not authorized without the advance written consent of Licensor and the payment of additional license fees.

You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement. Upon loading the Software Program, you may retain the Software Program for backup purposes. You may make one copy of the User`s Guide for backup purposes. Any such copies of the Software Program or the User`s Guide shall include Licensor`s copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Software Program or any portions thereof may be made by you or any person under your authority or control.

2. LICENSOR`S RIGHTS. You acknowledge and agree that the Software Program consists of proprietary, unpublished products of Licensor, protected under U.S. copyright law and trade secret laws of general applicability. You further acknowledge and agree that all right, title, and interest in and to the Software Program are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the Software Program, but only a limited right of use revocable in accordance with the terms of this License Agreement.

3. LICENSE FEES. The license fees paid by you are paid in consideration of the licenses granted under this License Agreement.

4. TERM. This License Agreement is effective upon your installation, copy or use of this Software Program and shall continue until terminated. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the Program and all copies and portions thereof.

5. LIMITED WARRANTY. THE SOFTWARE PROGRAM, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS", AND LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UTRACKSYS.COM, LLC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE.

6. UPGRADE POLICY. UTrackSys.com, LLC. may create, from time to time, update versions of the Software Program. At its option and at such a fee as UTrackSys.com, LLC. may determine, UTrackSys.com, LLC. may make such updates available to the Licensee.

7. LIMITATION OF LIABILITY. Licensor`s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Licensor for the use of the Software Program. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


8. COSTS OF LITIGATION. If either party brings any action to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.

9. SEVERABILITY. Should any court of competent jurisdiction declare any term of this License Agreement void or unenforceable, such declaration shall have no effect on the remaining terms hereof.

10. NO WAIVER. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

11. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software Program 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 252.277-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is UTrackSys.com, LLC.

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