End User License Agreement

 

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