LICENSE AND LIMITED PRODUCT WARRANTY AGREEMENT
Carefully read the following terms and conditions. This is a license, not a sale. By utilizing theequipmenttracker.com, you have indicated your acceptance of this license agreement. If you do not agree to accept these terms and conditions, you must immediately discontinue use of this website and other related services.
Equipment Tracker provides this Program and grants you a license to use this Program in accordance with the License. You are responsible for your selection of the Program to achieve your intended results and for the accuracy of data use and results obtained from the Program.
The Program (including its code, documentation, structure and organization) is the proprietary product of Equipment Tracker and is protected under international copyright laws. All copyrights and other rights in accordance to the Program or any copies, modifications or merged portions of the Program shall at all times remain with Equipment Tracker or its licensors.
LICENSE - Restricted “Rights of Use” that are granted
YOU MAY:
• Use the Program website on any computer with Internet access for your single business location use. If you wish to use the Program for more companies and/or branches, you will require a license for each additional location.
YOU MAY NOT:
• Transfer and rent the Program or use, copy and modify the Program in whole or in part, except as expressly permitted in this license.
• Decompile, reverse assemble or otherwise reverse engineer the Program.
• Reproduce, distribute or revise the Program documentation.
• Reproduce, distribute, alter, modify or revise the Program, except as expressly permitted in the grant of license by theequipmenttracker.com.
If you do any of the foregoing or otherwise make or attempt to make any unauthorized use of the Program, your rights under this license will be automatically TERMINATED. The limitation of warranties and liability shall continue in full force and effect after termination.
LIMITED WARRANTY
Except as specifically stated in this license, the Program is provided and licensed “as is” without warranty of any kind; either expressly or implied, including but not limited to the implied warranties or conditions of merchantability and fitness for a particular purpose. In states that do not allow the exclusion of implied warranties, the liability of Equipment Tracker is limited to the monthly service price of the Program website.
Equipment Tracker warrants that the website on which the Program is furnished will be free from defects in materials and workmanship under normal use for a period of 45 days from the date it was delivered to you.
Equipment Tracker does not warrant that the functions in the Program will meet your requirements or that the operation of the Program will be entirely error free or appear precisely as described in the Program documentation.
LIMITATION OF REMEDIES AND LIABILITY
To the maximum extent permitted by applicable law, in no event will Equipment Tracker be liable to you for any damages (including lost revenues or profits, lost savings, lost or damaged data or other indirect incidental, special or consequential damages). Equipment Tracker will also not be liable on claims by a third party arising out of the use or inability to use the Program, even if Equipment Tracker or a dealer authorized by Equipment Tracker has been advised of the possibility of such damages.
GENERAL
If any provision of this License is held to be unenforceable, it shall be severable from this Agreement and the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This License shall be governed by the laws of the State of Nevada.
ACCEPTANCE TO TERMS AND CONDITIONS
You acknowledge that you have read this license and by accessing the website, (theequipmenttracker.com) indicates your acceptance to its Terms and Conditions. You also agree that unless specifically covered by another written license agreement, this is the complete agreement between you and Equipment Tracker and it also supersedes any information which may have been provided relating to the subject matter of this license.