SOFTWARE LICENSE AGREEMENT AS WELL AS
USER AGREEMENT HARDWARE TRACK TECHNOLOGIES B.V.
Please read the Software License Agreement (hereinafter also referred to as: the License) and User Agreement carefully before using the software or hardware of Track Technologies B.V. (hereinafter referred to as: 'Track’). By using the Track software or hardware, you declare that you agree with the terms and conditions of this License, the User Agreement and the General Terms and Conditions of Track, as well as their annexes. If you do not agree with the terms and conditions of this License and/or User Agreement, you should not download the Track software, nor use any Track hardware product.
- This License applies to the provision of the Track software and the User Agreement and to any installation and/or use of Track software and/or hardware.
- The Track software is licensed to you, not sold, and its use is only allowed under the terms of this license. Track reserves all rights not expressly granted to you.
- The Customer states to be aware that Track neither wants to nor shall promote infringements of the laws and regulations, whether implicitly or explicitly. The Customer expressly agrees that it is his/her/its responsibility, and if he/she/it acts in the capacity of reseller, of his/her/its customers, to know and to keep abreast of all applicable laws and regulations at all times, and that it is entirely and solely his/her/its responsibility, and if he/she/it acts in the capacity of reseller, of his/her/its customers, to abide by these laws and regulations. The Customer will in no case hold Track/have Track held liable or responsible for the unauthorized, unlawful and/or illegal use of the delivered goods or for any other infringement of the applicable laws and regulations by the Customer.
- The Track guarantee conditions, which are part of the attached General Terms and Conditions, shall apply to all goods and services delivered by Track. The General Terms and Conditions of Track are appended to this License/User Agreement.
- The terms of this license/this right of use shall also apply to any and all upgrades to the Track software, supplied by Track to replace and/or as an addition to the original Track software. All this unless the upgrade in question contains a separate license, in which case the terms and conditions of the separate license will apply.
- The right of use/the License cannot be transferred without Track's written permission. You are not allowed to rent, lease, sub-license, sell, alienate, pledge, furnish as security or transfer the software under any title whatsoever - whether or not free of charge - to third parties for any purpose whatsoever, or to have it used by third parties.
- You are allowed to permanently transfer your rights with respect to the Track software under this License once-only to a third party, provided that (a) the transfer relates to the entire Track software and this License; (b) you retain neither full nor partial copies of the Track software; and (c) the third party receiving the Track software reads and accepts the terms of this License. Outside this one-time transfer you are not allowed to transfer the Track software.
- If by a violation of the provisions of the preceding paragraph you provide a third party with the unauthorized use of the software, you, besides this third party, will be liable for the payment of the License fee and the maintenance contribution for the relevant software from the date of the registration of your License, without prejudice to Track's right to recover all damages incurred as a result of the infringement of the provisions of the preceding paragraph from you.
Annexe: General Terms and Conditions Track Technologies B.V.
This Software License Agreement and User Agreement Hardware, as well as the General Terms and Conditions of Track Technologies B.V., including annexes, can also be consulted at www.tracktechnologies.nl