McGurk Meyers Chrysler
McGurk Meyers Chrysler
Single Computer License
WalkTheLot® DeskLot License Agreement
IMPORTANT: READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE LEGAL AGREEMENT BETWEEN YOU AND WALKTHELOT®, Inc. CONCERNING THE PROPRIETARY “DESKLOT” SOFTWARE PROGRAM (THE "PROGRAM") AND THE ACCOMPANYING USER DOCUMENTATION (THE "DOCUMENTATION").
1. GRANT OF LICENSE. WALKTHELOT grants you a non-exclusive license to install and use one (1) copy of THE PROGRAM on a single computer owned or controlled by you. You may transfer THE PROGRAM from one computer to another, so long as you erase it from the old computer before loading it into the new one. You may install and use THE PROGRAM within your own organization only. You may not reverse-engineer, disassemble, circumvent licensing fees, or decompile THE PROGRAM. You may copy the DOCUMENTATION for your own use. You may make a single backup copy. Resale or sublicensing is prohibited.
2. PIRACY AND LICENSE REPORTING. THE PROGRAM periodically reports licensing information to WALKTHELOT in order to detect piracy and license violations. No personal information is reported other than the name of the licensed user. Information collected and reported is limited to data relevant to licensing of THE PROGRAM.
3. OWNERSHIP. THE PROGRAM is a proprietary product of WALKTHELOT or its suppliers, and is protected under U.S. copyright law and international treaties. Any copy of THE PROGRAM made by you in accordance with this Agreement shall contain WALKTHELOT 's copyright notices. All intellectual property rights in and to THE PROGRAM are retained by WALKTHELOT or its suppliers.
4. TERM. This Agreement is effective upon your indicating your assent to its terms and conditions in the manner specified above and shall continue until terminated. You may terminate this Agreement at any time by deleting all copies of THE PROGRAM and DOCUMENTATION, and any portions thereof, from the computer(s) on which they are installed and destroying all such copies. WALKTHELOT may terminate this Agreement if you breach any term of this Agreement. You will delete and destroy all existing copies of THE PROGRAM and DOCUMENTATION, and any portions thereof, on termination of this Agreement.
5. LIMITED WARRANTY. WALKTHELOT warrants that for a period of thirty (30) days from delivery (the "Warranty Period") THE PROGRAM shall be free from defects in the media on which it is provided. WALKTHELOT does not warrant that your use of THE PROGRAM will be uninterrupted or error free. If, during the Warranty Period, THE PROGRAM does not meet this limited warranty, you may contact WALKTHELOT and WALKTHELOT shall, at its option, either replace THE PROGRAM or refund your purchase price. The foregoing constitutes your sole and exclusive remedy for breach by WALKTHELOT of any warranties (express or implied) made under this Agreement. This limited warranty is void if failure of THE PROGRAM has resulted from accident, abuse, or misapplication. Any replacement PROGRAM will be warranted for thirty (30) days from your date of receipt. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM AND THE DOCUMENTATION ARE LICENSED "AS IS," AND WALKTHELOT DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. For warranty claims, contact WALKTHELOT at the email or post addresses set forth below.
6. LIMITATION OF LIABILITY. WALKTHELOT and its suppliers' cumulative liability to you and all other parties arising out of or relating to this Agreement shall not exceed the license fee paid by you to WALKTHELOT or its affiliates or resellers for the use of THE PROGRAM. Neither WALKTHELOT nor its suppliers, affiliates, or resellers shall be liable for any indirect, special, incidental or consequential damages or similar damages, including lost profits or lost data arising out of the use or inability to use THE PROGRAM, even if WALKTHELOT has been advised of the possibility of such damages.
7. EXPORT ASSURANCES. You may not download or otherwise export or re-export THE PROGRAM or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations, including without limitation, the United States Export Administration Act, the Trading With the Enemy Act, the International Emergency Economic Powers Act and any regulations thereunder. Any transfer of technical data outside the United States by any means, including the Internet, is an export which is subject to export control requirements under US law.
8. ASSIGNMENT. You may assign your rights under this Agreement to another party if the other party agrees to accept the terms of this Agreement, and you either transfer all copies of THE PROGRAM and the DOCUMENTATION, whether in printed or machine-readable form (including the original), to the other party, or you destroy any copies not transferred. Before such a transfer, you must deliver a hard copy of this Agreement to the recipient.
9. GOVERNING LAW. This Agreement shall be governed by the substantive laws of the state of Florida and US federal law. The United Nations Convention for the International Sale of Goods shall not apply to this Agreement.
Should you have any questions concerning this Agreement or if you desire to contact WALKTHELOT for any reason, please contact: WalkTheLot; Telephone: 1-904-461-4151; FAX: 1-800-615-9981; Mail: 807 E. Red House Branch Rd., Saint Augustine, FL 32084 USA. E-mail: support.