END-USER LICENSE AGREEMENT FOR EZTrakR SOFTWARE SYSTEM
IMPORTANT-READ CAREFULLY: This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Raging, Ltd. (Raging) for use of the EZTrakR software System (hereinafter “EZTrakR”) that accompanies this EULA which includes computer software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING EZTrakR. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE EZTRAKR.
1. GRANT OF LICENSE. Raging grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 INSTALLATION AND USE. You may install, use, access, display and run copies of EZTrakR on any number of single stand-alone computers or workstation computers. The EZData portion of EZTrakR may only be installed on one server, shared network computer, or stand-alone computer. EZTrakR may be used only for the purposes of your internal affairs and the conduct of your business.
1.2 MANDATORY ON-LINE VALIDATION. The license rights granted under this EULA are limited to thirty (30) days after you first install EZTrakR unless you supply information required to validate your licensed copy on the EZTrakR web site. You may also need to revalidate EZTrakR if you modify your computer hardware. There are technological measures in EZTrakR that are designed to prevent unlicensed use of EZTrakR. Raging will use those measures to confirm you have a legally licensed copy of EZTrakR. If you are not using a licensed copy of EZTrakR, you are not allowed to install EZTrakR or future EZTrakR updates. Raging will not collect any personally identifiable information from your Computer during this process.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. No EZTrakR dealer, agent or employee is authorized to make any amendment to this EULA.
3. RESERVATION OF RIGHTS AND OWNERSHIP. Raging reserves all rights not expressly granted to you in this EULA. EZTrakR is protected by copyright and other intellectual property laws and treaties. Raging or its suppliers own the title, copyright, and other intellectual property rights in EZTrakR. EZTrakR is licensed, not sold. EZTrakR also encompasses proprietary system or processes on which patents are pending.
4. RESTRICTIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You shall not copy EZTrakR. You shall not modify, adapt or translate EZTrakR. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of EZTrakR.
5. USERNAME AND PASSWORD PROTECTION. You shall maintain as personal and confidential any Raging-assigned unique username and password(s). You are prohibited from transferring or sharing the Raging-assigned unique username and from revealing the validating password(s) to any other person. Any violation of the foregoing shall result in an immediate termination of your access rights to EZTrakR as well as liability to Raging for all damages resulting from such breach. It is your sole responsibility to protect the validating password(s) from unauthorized use.
6. CONSENT TO USE OF DATA. You agree that Raging and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to EZTrakR. Raging may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
7. ADDITIONAL SYSTEM/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components of EZTrakR that Raging may provide to you or make available to you after the date you obtain your initial copy of EZTrakR, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Raging reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of EZTrakR.
8. UPGRADES. To use EZTrakR identified as an upgrade, you must first be licensed for EZTrakR identified by Raging as eligible for the upgrade.
9. TERMINATION. Without prejudice to any other rights, Raging may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of EZTrakR and all of its component parts.
10. LIMITED WARRANTY: Raging warrants that EZTrakR will perform substantially in accordance with its accompanying documentation for thirty (30) days from the date you acquired it. If EZTrakR does not perform in substantial accordance with its accompanying documentation, your exclusive remedy under this agreement shall be at Raging’s option, to either (i) return the price paid, or (ii) repair or replace EZTrakR. This Limited Warranty is void if failure of EZTrakR has resulted from accident, abuse, misapplication, abnormal use, or a virus. Any replacement of EZTrakR will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Raging will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Raging's warranty remedy procedures.
11. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Raging and its suppliers provide EZTrakR and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to EZTrakR, and the provision of or failure to provide support or other services, information, and related content through EZTrakR or otherwise arising out of the use of EZTrakR. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO EZTRAKR.
12. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RAGING OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE EZTRAKR, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SYSTEM, AND RELATED CONTENT THROUGH EZTRAKR OR OTHERWISE ARISING OUT OF THE USE OF EZTRAKR, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF RAGING OR ANY SUPPLIER, AND EVEN IF RAGING OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Raging and any of its suppliers under any provision of this EULA with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on EZTrakR up to the amount actually paid by you for EZTrakR your current EZTrakR license or US$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 10, 11, and 12) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
15. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with EZTrakR) is the entire agreement between you and Raging relating to EZTrakR and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to EZTrakR or any other subject matter covered by this EULA. To the extent the terms of any Raging policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
16. DESCRIPTION OF OTHER LICENSE RESTRICTIONS. No oral or written information or advice given by Raging, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of any warranty provided herein. Raging shall have no responsibility if EZTrakR has been altered in any way, or for any failure that arises out of use of EZTrakR with other than a recommended hardware configuration, platform or operating system.
17. The Warranty Disclaimer and Limited Liability set forth above are fundamental elements of the basis of the agreement between Raging and you. Raging would not be able to provide EZTrakR on an economic basis without such limitations. Such Warranty Disclaimer and Limited Liability inure to the benefit of Raging's licensors.
18. ELECTRONIC TRANSMISSION OF EZTrakR. If you received EZTrakR by electronic transmission or by Internet delivery, by installation of EZTrakR, you acknowledge that you have read and understand this license agreement and agree to be bound by its terms and conditions.
19. RENEWAL LICENSE. Users will be informed when it is time to renew their license. The annual renewal will require validation at the EZTrakR website. Users who allow their expiration date to go by without renewing will give up their right to use EZTrakR and must notify Raging, Ltd., that they wish to cancel their license and cease use of EZTrakR. On the expiration date of the license EZTrakR will cease to function.
BY CLICKING THE "I AGREE" BUTTON BELOW AND THE INSTALLATION OF EZTRAKR, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.