GREYTRUCK SOFTWARE LICENSE
Pub. 2016-09-17 Rev.1(a)
These license terms are an agreement between XINK 3PL, INC d/b/a GREYTRUCK (or based on where you live, one of its affiliates) and you. Please read them carefully; they apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any GTK
By using the software, you accept these terms. If you do not accept them, do not use our software.
- Internet-based service(s), and
- support services for this software, unless other terms accompany those items. If so, those terms apply.
As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.
If you comply with these license terms, you have the rights below:
1. INSTALLATION AND USE RIGHTS
- Installation and Use. You may install and use any number of copies of the software on your devices.
- Included GREYTRUCK Programs. The software contains other GREYTRUCK programs. The license terms with those programs apply to your use of them.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS
- Media Elements and Templates. You may copy and use images, clip art, animations, sounds, music, shapes, video clips and templates provided with the software and identified for such use in documents and projects that you create. You may distribute those documents and projects non-commercially. If you wish to use these media elements or templates for any other purpose, go to http://greytruck.com/permission to learn whether that use is allowed.
3. INTERNET-BASED SERVICES
GREYTRUCK provides Internet-based services with the software. It may change or cancel them at any time.
- Consent for Internet-Based Services. The software feature described below connects to GREYTRUCK or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch off this feature or not use it. For more information about this feature, see http://greytruck.com/online/legal. By using this feature, you consent to the transmission of this information. GREYTRUCK does not use the information to identify or contact you.
- Computer Information. The following feature uses Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. GREYTRUCK uses this information to make the Internet-based service available to you.
- Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending
X.509 standard encrypted information. They also can be used to digitally sign files and macros to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists using the Internet, when available.
- Use of Information. We may use the computer information, to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with GREYTRUCK software.
4. SCOPE OF LICENSE
The software is licensed, not sold. This agreement only gives you some rights to use the software. GREYTRUCK reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
- disclose the results of any benchmark tests to any 3rd-party without GREYTRUCK's prior written approval,
- work around any technical limitations in the software,
- reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation,
- make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation,
- publish the software for others to copy,
- rent, lease or lend the software,
- transfer the software or this agreement to any third party, or
- use the software for commercial software hosting services.
5. BACKUP COPY
You may not make a backup copy of the software, as the code base is made readily available to current license-holding customers within the Company's online repository. Installing or reinstalling our software from an unauthorized backup may result in data corruption or unintended operation of the software and/or its dependencies. Additionally, software instances initialized from unauthorized backups will void any current license agreement granted by GREYTRUCK.
Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
7. EXPORT RESTRICTIONS
The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see http://greytruck.com/international.
8. SUPPORT SERVICES Because this software is "as is", we may not provide support services for it.
9. ENTIRE AGREEMENT
This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
10. APPLICABLE LAW
- United States. If you acquired the software in the United States, North Carolina state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
- Outside the United States. If you acquired the software in any other country, the laws of that country apply.
11. LEGAL EFFECT
This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
12. DISCLAIMER OF WARRANTY
The software is licensed 'as-is'. You bear the risk of using it. GREYTRUCK gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, GREYTRUCK excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES
You can recover from GREYTRUCK and its suppliers only direct damages up to USD$5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
- anything related to the software, services, content (including code) on third party Internet sites, or third party programs, and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.