End User License Agreement (EULA)

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PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH PROGRAM ACCESS: Innovative Data Systems End-User License Agreement (“EULA”) is a legal agreement between End User, either individual or a single entity, (referred to as “User”) and Innovative Data Systems (referred to as “Licensor”), for KAMS/simTraction (“Software Product”) identified above which may include associated software components, media, printed materials, and online or electronic documentation. By accessing or otherwise using the Software Product, User agrees to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between User and Licensor, and it supersedes any prior proposal, representation, or understanding between the parties. If User does not agree to the terms of this EULA, access to or other use the Software Product will not be granted.
The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.
  1. GRANT OF LICENSE
    The Software Product is licensed as follows:
    1. Access and Use. Licensor grants User the rights to access and use the Software Product from User’s computer using a compatible web browser.
    2. Software Ownership. Licensor reserves total ownership and all rights to the Software Product.
    3. Data Backup and Ownership. Data will be automatically backed up and stored in an offsite facility nightly. Data is solely property of User or associated agency and will only be accessed by User and User’s associated licensees or by Licensor staff at User’s direction or in conjunction with Technical Support assistance.
  2. RECORD OF SESSION INFORMATION
    Licensor may collect the following information from User:
    1. Information collected by filling in forms in the Software Product; this includes information provided at the time of registering to use the Software Product, data entered for functionality of Software Product, optional surveys and promotions, or details about reported problems with Software Product.
    2. Correspondence details for any and all methods of contact between User and Licensor initiated by either entity.
    3. Details of transactions carried out through the Software Product or associated website(s).
    4. Details of login sessions to Software Product including, but not limited to, traffic data, location data, denial or acceptance of this EULA, and weblogs and other communication data.
    5. Computer-specific data including where available, but not limited to, IP address, operating system and browser type, for statistical identification of User browsing actions and patterns.
  3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
    1. Distribution/Rental/Sublease. User may not grant access to the Software Product to any individuals/entities except as granted by Licensor.
    2. Confidentiality. User may not permit access to the Software Product to any other software developer or host for any reason without the written permission of Licensor.
    3. Support Services. Licensor may provide User with support services related to the Software Product (“Support Services”).
      1. All program updates and modifications provided as part of the Support Services will be considered part of the Software Product and will be managed by Licensor.
      2. Licensor will provide, as a part of the EULA, telephone support with respect to logging into the Software Product, exporting data through available functions from the Software Product, and to address any error message that may appear while using the Software Product. Support Services may be accessed by calling Tech Support at (888) 527-6012, Ext 1.
      3. Software Product training is not included under this EULA but may be contracted under separate agreement with Licensor.
    4. Compliance with Applicable Laws. User must comply with all applicable laws regarding use of the Software Product.
  4. TERMINATION
    Without prejudice to any other rights, Licensor may terminate this EULA if User fails to comply with the terms and conditions of this EULA. In such event, User’s access to Software Product will be terminated and upon written request User will be provided a copy of all existing data for User’s license in MS Excel™ or MS Access™ format.
  5. COPYRIGHT
    All titles, including but not limited to copyrights, in and to the Software Product and any copies thereof are owned by Licensor or its suppliers. All titles and intellectual property rights in and to the content which may be accessed through use of the Software Product are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants User no rights to use such content. All rights not expressly granted are reserved by Licensor.
  6. NO WARRANTIES
    Licensor expressly disclaims any warranty for the Software Product. The Software Product is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software Product. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users or to any third party.
  7. LIMITATION OF LIABILITY
    In no event shall Licensor be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the Software Product, even if Licensor has been advised of the possibility of such damages. In no event will Licensor be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Licensor shall have no liability with respect to the content of the Software Product or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
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