END USER SOFTWARE
LICENSE AGREEMENT
CAREFULLY READ THE FOLLOWING LICENSE
AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE
AGREEMENT BY CLICKING THE ICON LABELED "I ACCEPT" OR PUTTING A
CHECK IN THE CHECK BOX INDICATING THAT YOU HAVE READ THIS
AGREEMENT AND ACCEPT IT’S TERMS. IF YOU DO NOT AGREE TO THIS
LICENSE, YOUR ORDER WILL BE CANCELED, THE SOFTWARE WILL NOT BE
DOWNLOADED AND YOU WILL NOT BE CHARGED.
License Grant
"You" means the person or company who is being licensed to use
the Software or Documentation. "We," "us" and "our" means Traffic
on Steroids.
We hereby grant you a nonexclusive license to use one copy of
the Software on any single computer, provided the Software is in
use on only one computer at any time. The Software is "in use" on
a computer when it is loaded into temporary memory (RAM) or
installed into the permanent memory of a computer-for example, a
hard disk, CD-ROM or other storage device.
If the Software is permanently installed on the hard disk or
other storage device of a computer (other than a network server)
and one person uses that computer more than 80% of the time, then
that person may also use the Software on a portable or home
computer.
Title
We remain the owner of all right, title and interest in the
Software and related explanatory written materials
("Documentation").
Archival or Backup Copies
You may copy the Software for back up and archival purposes,
provided that the original and each copy is kept in your
possession and that your installation and use of the Software does
not exceed that allowed in the "License Grant" section above.
Things You May Not Do
The Software and Documentation are protected by United States
copyright laws and international treaties. You must treat the
Software and Documentation like any other copyrighted material-for
example, a book. You may not:
Copy the Documentation,
Copy the Software except to make archival or backup copies
as provided above,
Modify or adapt the Software or merge it into another
program,
Reverse engineer, disassemble, decompile or make any
attempt to discover the source code of the Software,
Place the Software onto a server so that it is accessible
via a public network such as the Internet, or
Sublicense, rent, lease or lend any portion of the Software
or Documentation.
Transfers
You may transfer all your rights to use the Software and
Documentation to another person or legal entity provided you
transfer this Agreement, the Software and Documentation, including
all copies, updates and prior versions to such person or entity
and that you retain no copies, including copies stored on
computer.
Limited Warranty
We warrant that for a period of 90 days after delivery of this
copy of the Software to you:
The media on which this copy of the Software is provided to
you will be free from defects in materials and workmanship
under normal use, and
The Software will perform in substantial accordance with
the Documentation.
To the extent permitted by applicable law, THE FOREGOING
LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES
OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE,
NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, regardless of whether we know or had reason to know of
your particular needs. No employee, agent, dealer or distributor
of ours is authorized to modify this limited warranty, or to make
any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Limited Remedy
Our entire liability and your exclusive remedy for breach of
the foregoing warranty shall be, at our option, to either:
Return the price you paid, or
Repair or replace the Software or media that does not meet
the foregoing warranty if it is returned to us with a copy of
your receipt.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING
ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE
THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR
HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY
CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Term and Termination
This license agreement takes effect upon your use of the
software and remains effective until terminated. You may terminate
it at any time by destroying all copies of the Software and
Documentation in your possession. It will also automatically
terminate if you fail to comply with any term or condition of this
license agreement. You agree on termination of this license to
destroy all copies of the Software and Documentation in your
possession.
Confidentiality
The Software contains trade secrets and proprietary know-how
that belong to us and it is being made available to you in strict
confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS
ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT
ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A
VIOLATION OF OUR TRADE SECRET RIGHTS.
Disputes
This license agreement shall be governed by, construed and
enforced in accordance with the laws of the Georgia, as it is
applied to agreements entered into and to be performed entirely
within such jurisdiction.
To the extent you have in any manner violated or threatened to
violate Traffic on Steroids and/or its affiliates' intellectual
property rights, Traffic on Steroids and/or its affiliates may
seek injunctive or other appropriate relief in any state or
federal court in the State of Georgia, and you consent to
exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try
to resolve it with the help of a mutually agreed-upon mediator in
the following location: Cobb County, GA.. Any costs and fees other
than attorney fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to
binding arbitration at the following location: Cobb County, GA.,
under the rules of the American Arbitration Association. Judgment
upon the award rendered by the arbitration may be entered in any
court with jurisdiction to do so.
General Provisions
- This written license agreement is the exclusive agreement
between you and us concerning the Software and Documentation and
supersedes any prior purchase order, communication, advertising
or representation concerning the Software.
- This license agreement may be modified only by a writing
signed by you and us.
- In the event of litigation between you and us concerning the
Software or Documentation, the prevailing party in the
litigation will be entitled to recover attorney fees and
expenses from the other party.
- You agree that the Software will not be shipped, transferred
or exported into any country or used in any manner prohibited by
the United States Export Administration Act or any other export
laws, restrictions or regulations.
