By submitting this RFI and evaluating the Tracker Software, you accept all of the terms and conditions of this Agreement.
This Automation Centre ("Acentre") User Agreement accompanies the Tracker Software product and related documentation and explanatory materials. The term "Tracker Software" also shall include any upgrades, modified versions, or updates of the Tracker Software provided by Acentre. Please read this Agreement carefully. At the end, you will be asked to accept this Agreement and continue to submit the RFI or evaluate the Tracker Software, if you do not wish to accept this Agreement, to decline this Agreement, in which case you will not be able to evaluate the Tracker Software.
Upon your acceptance of this Agreement, Acentre grants to you a nonexclusive right to evaluate the Tracker Software, provided that you agree to the following:
1. Evaluation of the Tracker Software.
You may evaluate the Tracker Software for purposes of licensing the Tracker Software or entering into a Monthly Services Agreement with Acentre.
2. Copyright and Trademark Rights.
The Software is owned by Acentre, and its structure, organization, and code are the valuable trade secrets of Acentre. The Software also is protected by United States Copyright Law and International Treaty provisions. This Agreement does not grant you any intellectual property rights in the Tracker Software.
3. Restrictions.
You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Tracker Software.
4. No Warranty.
The Tracker Software is being provided AS IS, and Acentre makes no warranty as to its use or performance. ACENTRE DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. ACENTRE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ACENTRE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ACENTRE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
This Agreement will be governed by the laws of the State of Arizona, USA, excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Tracker Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Acentre.
Automation Centre, LC, 3849 East Broadway Boulevard Suite 304, Tucson, Arizona 85716 USA.
YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS INDICATED DURING SUBMISSION OF THE RFI AND EVALUATION OF THE TRACKER SOFTWARE.
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