This End-User License Agreement (“License” or “Agreement”) is a legal agreement between you (either an individual or a single entity) and V-Technologies, LLC or its assignee (“Vendor”) for the enclosed ShipGear® product (consisting of computer software, and documentation) (“Software Product” or “Software”). By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, return the unused and unopened Software Product to the place from which you obtained it within three (3) days from the date of purchase for a full refund.
1. License. Vendor grants you a personal, non-transferable, and nonexclusive right to use the Software Product under the terms stated in this Agreement. Vendor retains title and ownership of the Software Product and documentation and all rights not specifically granted to you in this License. You acknowledge that Vendor has a valuable proprietary interest in the Software Product.
2. Copyright; Copying. All title and copyrights in and to the Software Product (including but not limited to any images, photographs and text, incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by Vendor. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material except that you may either (a) make one copy of the Software Product solely for backup or archival purposes or (b) install the Software Product on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software Product. Any portion of this Software Product merged into or used in conjunction with another program will continue to be the property of Vendor and subject to the terms and conditions of this Agreement. You must reproduce and include the copyright notice on any portion merged into another program.
3. Restrictions of Use. The rights you have as a user depend upon the license fee you have paid. Unless you have purchased additional rights, the Software Product may be used by you only on a single computer. If you have purchased multi-user rights, the software can be used by the maximum number of users for which the multi-user License has been purchased. You may not attempt to discover the source code of the Software Product. You may not modify, reverse engineer, decompile or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
4. Limited Warranty. Vendor does not warrant that the functions contained in the Software Product will meet your requirements or that the operation of the Software Product will be uninterrupted or error-free.
Vendor does warrant as the only warranty provided to you, that the software would substantially conform to the accompanying documentation for a period of (30) days from the date of delivery to you as evidenced by a copy of your receipt. This Limited Warranty is void if failure of the Software Program or hardware has resulted from accident, abuse or misapplication.
5. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPH 4, THE SOFTWARE PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. Confidentiality. You and your employees and agents are required to protect the confidentiality of the Software Product. You may not distribute or otherwise make the Software Product or documentation available to any third party.
7. Transfer. You may not assign or transfer the Software Product or this license to any other person without the express prior written consent of Vendor. The Software Product may not be sublicensed, rented, or leased. If you transfer the Software Product to a third party, this License is automatically terminated.
8. Termination. The License is effective until terminated. You may terminate it at any other time by destroying the Software Product together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Software Product together with all copies, modifications and merged portions in any form.
9. Limitation of Liability Vendor’s entire liability and your exclusive remedy shall be: (i) the replacement of any media containing the Software Product not meeting Vendor’s “Limited Warranty” and which is returned to Vendor with a copy of your receipt; or (ii) if Vendor is unable to deliver a replacement media containing the Software Product which is free of defects in materials or workmanship, you may terminate this Agreement by returning the Software Product, and your money will be refunded to you.
IN NO EVENT WILL VENDOR BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE PRODUCT EVEN IF VENDOR OR THE DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
11. Governing Law. The laws of the State of Connecticut shall govern this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND VENDOR AND THE DEALER WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.