BEFORE USING THE ACCOMPANYING SOFTWARE, CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS WHICH INCLUDE THE SOFTWARE LICENSE AND LIMITED WARRANTY (collectively called the "Agreement"). USING THE ACCOMPANYING SOFTWARE IN ANY WAY AND BY ANY MEANS INDICATES YOUR ACCEPTANCE OF THE AGREEMENT. IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS, YOU SHOULD NOT USE THE SOFTWARE.
The software product contained on the media for which you have purchased a license and have received an authorized copy and related electronic documentation (hereinafter "Licensed Software") is owned by TRM Marketing, and is protected by United States of America copyright law and international treaty provisions. The Licensed Software contains trade secrets and confidential information that is copyrighted by and remains the property of TRM Marketing. This is a license agreement and NOT a sale contract.
TRM Marketing grants you specific non-exclusive rights on the terms and conditions mentioned below. All rights not expressly granted to you in this Agreement are reserved and retained by TRM Marketing.
You may modify the original software to fit the needs of your client. These modifications may in no way be sold, traded, or incorporated into other software packages. TRM Marketing retains full copyright of all source code, and code dervied as a result of our code.
DISCLAIMER OF WARRANTY
TRM Marketing is providing the Licensed Software "as is", without warranty of any kind. You assume full responsibility for the selection of the Licensed Software to achieve your intended results and for the installation, use and results obtained from the Licensed Software.
TRM MARKETING DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
No oral or written information given by TRM Marketing, its agents or employees shall create a modification or addition to this warranty unless it is set forth in writing, references this Agreement and is signed on behalf of TRM Marketing by an authorized official.
LIMITATIONS OF REMEDIES AND LIABILITY
IN NO EVENT WILL TRM MARKETING OR ITS DIRECT OR INDIRECT SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF TRM MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In particular, TRM Marketing and its suppliers are not responsible for any costs including, without limitation, loss of business profits, business interruption, loss of business information, the cost of recovering such information, the cost of substitute software, or claims by third parties.
IN NO CASE SHALL ANY DIRECT OR INDIRECT SUPPLIERS OF TRM MARKETING BEAR ANY LIABILITY FOR ANY REASON WHATSOEVER AND IN NO CASE SHALL TRM MARKETING'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU. This Agreement gives you certain legal rights. You may have other rights under local law, so some of the above may not apply or may be limited.
This Agreement and your license to use the Licensed Software will automatically terminate without other notice if you fail to comply with any provision or are in breach of this Agreement. This termination shall not prevent TRM Marketing from claiming any further damages. Upon termination you shall destroy all copies of the Licensed Software. All disclaimers of warranties and limitation of liability set forth in this Agreement shall survive any termination of this Agreement.
The waiver by TRM Marketing of a specific breach or default shall not constitute the waiver of any subsequent breach or default.
You agree to not transfer the Licensed Software directly or indirectly to any country to which such transfer is prohibited by applicable export control laws.
This Agreement shall be governed by the laws of the State of Minnesota. In any dispute arising out of this Agreement, you irrevocably attorn to the jurisdiction of the courts of the State of Minnesota, USA.
This Agreement is the entire agreement between you and TRM Marketing and supersedes any other communications, purchase orders, advertising or representations concerning the Licensed Software. If any of this Agreement is held to be unenforceable, the remainder shall continue in full force and effect.
YOU ACKNOWLEDGE TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS INDICATED ABOVE.
If you have any questions concerning this Agreement or wish to request any information from TRM Marketing, please contact: