FLEETMATE

BY CLICKING THE ACCEPTANCE BUTTON AND INSTALLING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS AND DO NOT INSTALL THE SOFTWARE.
-
-
FLEETMATE SOFTWARE END USER LICENSE AGREEMENT
-
-
This Agreement sets forth the terms and conditions of your use of the accompanying FLEETMATE software product(s) (the "Software").
-
This Agreement has 2 parts. Part I applies if you have purchased a license to the Software. Part II applies to all license grants. If you initially acquired a trial copy of the Software free of charge and you wish to purchase a license, please visit the FLEETMATE Website on the Internet at http://www.fleetmate.com.
-
-
PART I - TERMS APPLICABLE WHEN LICENSE FEES PAID
-
LICENSE GRANT. Subject to payment of applicable license fees, Licensor grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described in Part II below under "Scope of Grant."
-
-
SOFTWARE WARRANTY.
THIS SOFTWARE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND. It is your responsibility to determine that the Software sufficiently meets your needs, requirements and expectations PRIOR to purchase, by downloading and using the free 30-day trial copy.
-
-
LIMITED MEDIA WARRANTY.
Licensor warrants that the media containing the Software, if provided by Licensor or an authorized agent of Licensor, is free from defects in material and workmanship and will so remain for thirty (30) days from the date you acquired the media. Licensor’s sole liability for any breach of this warranty shall be, in Licensor’s sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the media as described in the Documentation through a procedure different from that
set forth in the Documentation.
-
If the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this media warranty shall immediately terminate. Moreover, this warranty shall not apply if the media is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the media was designed to be used.
-
LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED.
-
-
PART II - TERMS APPLICABLE TO ALL LICENSE GRANTS
-
SCOPE OF LICENSE GRANT.
-
You may:
-
* use the Software on ONE (1) computer for each Registration Key you have purchased;
-
* use the Software on a network, provided that a Registration Key has been purchased
for each PC on which the Software is installed and will be used;
-
* make a single copy the Software for archival purposes, provided the copy contains all
of the original Software’s proprietary notices; or
-
* if you have purchased a license for multiple copies of the Software, make the total
number of copies of Software stated on the packing slip(s), invoice(s), or Certificate(s)
of Authenticity, provided all copies contain all of the original Software’s proprietary
notices. The number of copies on the packing slip(s), invoice(s), or Certificate(s) of
Authenticity is the total number of copies that may be made for all platforms.
-
* If you have purchased an OFFICE LICENSE, you may install as many copies of the software as you need on PCs located at one (1) physical office or place(s) of business. You MAY NOT make copies of the Software for use outside of your place of business.
-
* If you have purchased an ENTERPRISE LICENSE, you may install as many copies of the software as you need on PCs located at any number of locations. You MAY NOT make copies of the Software for use outside of your place of business.
-
You may NOT:
-
* permit other individuals to use the Software except under the terms listed above;
-
* permit concurrent use of the Software, unless a sufficient number of licenses have have been purchased to cover all concurrent sessions;
-
* modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software;
-
* copy the Software other than as specified above;
-
* rent, lease, grant a security interest in, or otherwise transfer rights to the Software or remove any proprietary notices or labels on the Software;
-
* ship, transfer, or export this software to any country in violation of the U.S. Export Administration Act, or utilize this software in violation of any applicable law.
-
-
TITLE. Title, ownership rights, and all intellectual property rights in the Software, including but not limited to source code, internal logic, and textual and graphic content, shall remain in SCB Consulting. This Software is protected by copyright and other intellectual property protection laws and by international treaties.
-
-
TERMINATION. This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Software and Documentation.
-
-
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DEATH, INJURY, DAMAGES FOR LOSS OF DATA, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL OR INDIVIDUAL DAMAGES OR LOSSES ARISING FROM THE USE OF THIS SOFTWARE. IN NO
EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LICENSOR RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
-
-
MISCELLANEOUS. This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
-
-
SCB Consulting Rev. Aug 1 2005