End User License Agreement
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| CATERPILLAR TRIMBLE CONTROL TECHNOLOGIES LLC END USER LICENSE AGREEMENT | ||
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| IMPORTANT, READ CAREFULLY. THIS END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND CATERPILLAR TRIMBLE CONTROL TECHNOLOGIES LLC (CTCT) and applies to the computer software provided with the CTCT product purchased by you (whether built into hardware circuitry as firmware, embedded in flash memory or a PCMICIA card, or stored on magnetic or other media), or provided as a stand-alone computer software product, and includes any accompanying printed materials and any "online" or electronic documentation ("Software"). The Software also includes any software, (including, without limitation, upgrades and updates), that you download from Caterpillar's Web site. BY CLICKING "YES" IN THE ACCEPTANCE BOX, OR BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE AND ACCOMPANYING CTCT PRODUCT TO THE PLACE FROM WHICH YOU OBTAINED THEM FOR A FULL REFUND. This 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. The following third party software is included with the CTCT product and is subject to this Agreement: Microsoftâ Windowsâ CE, copyright 1995-2001 © Microsoft Corporation, Inc. All rights reserved. ("MS Windows CE") 1 SOFTWARE PRODUCT LICENSE 1.1 License Grant. This Agreement grants you a limited, non-exclusive, non-sublicensable right to use one (1) copy of the Software in a machine-readable form on any computer system. Such use is limited to use with CTCT products on any computer hardware and operating system for which it was intended. You may move the Software from one computer to another but may only use the Software on one computer at any time. If you are a business rather than an individual, you may authorize the personnel associated with your business to use the Software, but only one person at one time, on one computer at one time. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other computers over an internal network; but in such case you must acquire and dedicate a license for each separate computer on which the Software is installed or run from the storage device. A license for the Software may not be shared or used concurrently on different computers. 1.2 Other Rights and Limitations. (1) The Software contains valuable trade secrets proprietary to CTCT and its suppliers. To the extent permitted by relevant law, you shall not, nor allow any third party to copy, decompile, disassemble or otherwise reverse engineer the Software, or attempt to do so, provided, however, that to the extent any applicable mandatory laws (such as, for example, national laws implementing EC Directive 91/250 on the Legal Protection of Computer Programs) give you the right to perform any of the aforementioned activities without CTCT's consent in order to gain certain information about the Software for purposes specified in the respective statutes (i.e., interoperability), you hereby agree that, before exercising any such rights, you shall first request such information from CTCT in writing detailing the purpose for which you need the information. Only if and after CTCT, at its sole discretion, partly or completely denies your request, may you exercise such statutory rights. (2) This Software is licensed as a single product. You may not separate its component parts for use on more than one computer. (3) You may not rent, lease, or lend, the Software unless you are a reseller of CTCT products under separate written agreement with CTCT and authorized by CTCT to do so. (4) No service bureau work, multiple-user license or time-sharing arrangement is permitted. For purposes of this Agreement "service bureau work" shall be deemed to include, without limitation, use of the Software to process or to generate output data for the benefit of, or for purposes of rendering services to any third party over the Internet or other communications network. | (5) You may permanently transfer all of your rights under this Agreement, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, and this Agreement) and the recipient agrees to the terms of this Agreement. If the Software portion is an upgrade, any transfer must include all prior versions of the Software. (6) You may not export the Software or underlying technology in contravention of applicable U.S. and foreign export laws. (7) Without prejudice as to any other rights, CTCT may terminate this Agreement without notice if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Software and all of its component parts, and provide an affidavit to CTCT stating that you have done the same. 1.3 Copyright. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by CTCT and its suppliers. You shall not remove, cover or alter any of CTCT's patent, copyright or trademark notices placed upon, embedded in or displayed by the Software or on its packaging and related materials. You may, however, either (1) make one copy of the Software solely for backup or archival purposes, or (2) install the Software on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the accompanying printed materials. 1.4 U.S. Government Restricted Rights. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in this Agreement, and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14(ALT III), as applicable. 1.5 Microsoft Corporation has contractually obligated CTCT to include the following disclaimers in this Agreement: Not Fault Tolerant. The MS Windows CE is not fault tolerant. CTCT has independently determined how to use MS Windows CE in the CTCT hardware product purchased by you, and Microsoft has relied upon CTCT to conduct sufficient testing to determine that MS Windows CE is suitable for such use. Note on Java Support. The Software may contain support for programs written in Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage. Sun Microsystems, Inc. has contractually obligated Microsoft to make this disclaimer. 2 LIMITED WARRANTY. 2.1 Limited Warranty. CTCT warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of one (1) year from the date of receipt. This limited warranty gives you specific legal rights, you may have others, which vary from state/jurisdiction to state/jurisdiction. 2.2 Customer Remedies. CTCT's and its suppliers' entire liability, and your sole remedy, with respect to the Software shall be either, at CTCT's option, (a) repair or replacement of the Software, or (b) return of the license fee paid for any Software that does not meet CTCT's limited warranty. This limited warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. 2.3 NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CTCT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGE-MENT WITH | REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. TO THE EXTENT ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES AND CONDITIONS ON THE SOFTWARE ARE LIMITED TO ONE (1) YEAR. Y0U MAY HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 2.4 LIMIATION OF LIABILITY. CTCT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT PAID BY YOU FOR THE SOFTWARE LICENSE OR U.S.$25.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CTCT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF CTCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 3 GENERAL. 3.1 This Agreement shall be governed by the laws of the State of Ohio and applicable United States Federal law without reference to "conflict of laws" principles or provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Jurisdiction and venue of any dispute or court action arising from or related to this Agreement or the Software shall lie exclusively in or be transferred to the courts the Montgomery County, Ohio, and/or the United States District Court for Ohio. You hereby consent and agree not to contest, such jurisdiction, venue and governing law. 3.2 Section 3.1 notwithstanding, if you acquired this product in Canada, this Agreement is governed by the laws of the Province of Ontario, Canada. In such case each of the parties to this Agreement irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation that may arise under this Agreement in the courts located in the Judicial District of York, Province of Ontario. 3.3 CTCT reserves all rights not expressly granted by this Agreement. |
| 1999-2010, Caterpillar Trimble Control Technologies LLC. All rights Reserved. | ||
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