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This license only applies to the Silver version of
Tro GPS Simulator.
NOTICE: This end user license agreement (the "EULA")
is a legally binding contract between you, the end
user (“User” or “you”), and Vutog.
Vutog LICENSES THE ENCLOSED Tro GPS Simulator
Silver SOFTWARE TO YOU ONLY UPON THE CONDITION THAT
YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS EULA.
PLEASE READ THE TERMS CAREFULLY. BY OPENING THIS
PACKAGE, BREAKING THE SEAL, INSTALLING OR LOADING
THE SOFTWARE, CHECKING THE BOX NEXT TO A STATEMENT
THAT YOU HAVE READ, UNDERSTAND AND AGREE WITH THE
PRIVACY POLICY AND TERMS AND CONDITIONS OR OTHERWISE
INDICATING YOUR ASSENT ELECTRONICALLY, YOU
ACKNOWLEDGE THAT YOU HAVE READ AND THAT YOU AGREE TO
THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT
AGREE TO (OR CANNOT COMPLY WITH) THE TERMS AND
CONDITIONS OF THIS EULA, THEN Vutog IS UNWILLING TO
LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT YOU
SHOULD NOT INSTALL OR USE THE SOFTWARE.
1. License.
The Tro GPS Simulator Silver software that
accompanies this license, including the images, and
as well as any upgrades or enhancements to such
software (collectively, the "Software") are the
property of Vutog. “Silver Version” means a version
of the Tro GPS Simulator, so identified, to be used
under Silver paid license category. The Silver
Version may not have some features and the Silver
Version may be converted to the any other Tro GPS
Simulator Paid Licensed Version like Gold. In which
case, and at such time, the Tro GPS Simulator
version licensed to you becomes other paid versioned
license, subject to all of the terms and conditions
of Tro GPS Simulator other paid EULA. Although
Vutog at all times owns the Software, you will have
certain limited rights to use the Software after
your acceptance of all of the terms and conditions
of this EULA, which use shall be subject at all
times to your compliance with this EULA. Except as
may be modified by an addendum which may accompany
or be added to this EULA, your rights and
obligations with respect to the use of this Software
are as follows:
Provided that you are not in breach of this EULA and
that such use is solely for your personal,
non-commercial use, you may
(a) install and use one (1) copy of the specified
edition of Software and documentation on a single
computer;
(b) install and use a second or any other copy of
the Software on a second or any other computer only
if you have other paid Silver License available;
(c) make only one (1) copy of the Software for
archival purposes, or copy the Software onto the
hard disk of your computer and retain the original
for archival purposes;
2. Limitations on License.
(a) You shall not:
i. rent, lease, copy, distribute, sub-distribute,
license, or otherwise transfer the Software or its
documentation to any other party, except as may be
expressly permitted under this EULA;
ii. decompile or reverse engineer, disassemble,
translate, integrate, customize, make any attempt to
discover the source code of the Software or
otherwise reduce the Software to a human perceivable
form, or modify or create derivative works based
upon the Software or the documentation in whole or
in part, nor permit any other party to do so;
iii. make copies of the copyrighted Software
documentation without the prior written permission
of Vutog provided that for electronic transactions,
Licensee may make one (1) hard copy of such
documentation for each User;
iv. contest, or assist others in contesting, the
validity, enforceability, ownership or title of any
Software; and
v. remove or attempt to remove any copyright notices
or any other proprietary legends contained on or
within the Software;
vi. use the Software in any libellous, defamatory,
fraudulent, lewd, obscene, or pornographic material
or in any material that infringes upon any third
party intellectual property rights, or in any
illegal manner; and
vii. use Vutog’s name, logo, or other trademarks,
unless such use is expressly authorized by Vutog in
writing.
3. Intellectual Property.
You agree that the Software contains copyrighted
material, trade secrets and other proprietary
material of Vutog and its licensors and is
protected internationally by copyright and other
intellectual property law. All rights not otherwise
granted herein are hereby reserved by Vutog. You
further agree that any and all information obtained
during lawful reverse engineering and/or decompiling
activities, including but not limited to, the
organization, logic, algorithms and processes of the
Software (the “Work Product”), shall be deemed to be
the confidential and proprietary information of
Vutog. Without further remuneration (except for
your out-of-pocket expenses) and whether or not this
Agreement is in effect, you shall, at Vutog’s
request, execute and deliver to Vutog any documents
and give all reasonable assistance which may be
essential or desirable to secure to, assign, and
vest in Vutog the sole and exclusive right, title,
and interest in and to all such Work Product.
4. Upgrades to Software and Amendments to the
EULA.
To use an upgrade, you must first be licensed for
the Software identified by Vutog as eligible for
the upgrade. Vutog may change or amend this EULA
from time to time by posting such changes or
amendment (the “Amendment”) on its website, (www.vutog.com),
or by sending an email communication of such changes
to you. In such cases, your continued use of the
Software shall indicate your assent and acceptance
of any such Amendment(s). If you do not agree with
(or cannot comply with) the Amendment(s), Vutog is
unwilling to continue to license the Software to you
in which case, you must cease all use of the
Software, delete or destroy all copies. No Vutog
dealer, agent or employee is authorized to make any
amendment to this EULA.
5. Customer Support for Tro GPS Simulator Silver
Versions
As a Tro GPS Simulator Silver Version user, you are
eligible to use followings ways of support as
directed at
http://gps.vutog.com/htmpages/gpssupport.htm
:
(i) Report a bug
(ii) Request Feature
(iii) Provide Suggestions
(iv) By writing to
help@vutog.com
Although Vutog is committed to provide the support
to Silver Version user but Vutog keeps every right
to take its own decision on
a) to respond or not respond to the requestor
b) to implement or not implement the requested
feature
c) to implement or not implement the suggestions
d) to fix or not fix the reported bugs
e) to charge a fee for the support if significant
effort is required. In case of significant effort,
Vutog shall make a proposal to you and if it is
accepted by you, Vutog will move forward with the
support.
6. Export Law Assurances.
You will comply with all trade regulations and laws
both foreign and domestic. You acknowledge that the
Software licensed under this EULA is subject to the
export control laws and regulations of various
countries.
7. Data Collection; Privacy Policy; Third
Party Web Sites. You acknowledge and agree that
Vutog may collect and retain information about you,
such as your name, address, and e-mail address. We
encourage you to read and become familiar with
Vutog’s Privacy Policy, the current version of
which is located at
http://www.vutog.com/common/htmpages/privacypolicy.htm . Vutog’s
Privacy Policy is hereby incorporated by reference
as though fully set forth herein. By assenting to
this agreement, you acknowledge that you have read
and understand our Privacy Policy and agree to its
terms. You acknowledge and agree that your access to
any third party web sites, including any goods,
services or information made available from such web
sites, is governed by the terms and conditions and
respective privacy policies found at each third
party web site. YOUR USE OF SUCH THIRD PARTY WEB
SITES IS AT YOUR OWN RISK.
8. Termination, Effect of Termination.
This EULA is effective until terminated. You may
terminate this EULA at any time by destroying all
copies of the Software and its documentation. With
respect to the Tro GPS Simulator Silver Version,
Vutog may terminate this EULA at any time for
convenience, with or without notice to you. This
EULA will terminate immediately without notice from
Vutog if you fail to comply with any provision of
this EULA. Upon termination, you must destroy all
copies of the Software and its documentation,
provide written certification to that effect upon
Vutog’s request, and cease and desist from any
further use of the Software.
9. DISCLAIMER OF WARRANTIES. Vutog PROVIDES
NO REMEDIES OR WARRANTIES, EXPRESS OR IMPLIED, FOR
THE TRO GPS SIMULATOR SILVER VERSION. THE SILVER
VERSION IS PROVIDED TO YOU ON AN “AS IS” BASIS,
WITHOUT WARRANTY OF ANY KIND. WARRANTIES GIVE YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS,
WHICH VARY FROM STATE TO STATE AND COUNTRY TO
COUNTRY. NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY Vutog, ITS RESELLERS, DISTRIBUTORS,
AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED
HEREIN.
10. DISCLAIMER OF DAMAGES; LIMITATION OF
LIABILITY. REGARDLESS OF WHETHER ANY REMEDY SET
FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO
EVENT WILL Vutog, ITS RESELLERS OR ITS LICENSORS BE
LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL,
INDIRECT OR SIMILAR DAMAGES, INCLUDING BUT NOT
LIMITED TO ANY LOST PROFITS OR LOST DATA OR OTHER
COMMERICAL OR ECONOMIC LOSS ARISING OUT OF THE USE
OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED,
UNDER ANY THEORY OF LIABILITY, EVEN IF Vutog HAS
BEEN ADVISED OF THE POSSIBILTIY OF SUCH DAMAGES.
THIS LIMITAITON SHALL APPLY EVEN IN THE EVENT OF A
MATERIAL BREACH. IN THE EVENT THAT THE SOFTWARE IS
DEFECTIVE, Vutog WILL NOT BE RESPONSIBLE FOR ANY
DEFECT.
The disclaimers and limitations set forth above will
apply regardless of whether you accept the Software.
11. Relationship of the Parties.
You and Vutog agree that you are not agents,
partners or joint ventures, or and that this EULA
does not create any fiduciary duty or comparable
relationship of trust between the parties. |
