END-USER LICENSE AGREEMENT FOR Tredd’s Self Storage Software
IMPORTANT READ CAREFULLY:
This TSS SOFTWARE LLC End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and TSS SOFTWARE LLC for the TSS SOFTWARE LLC software product identified above, which includes computer software and associated media and printed materials, and may include online or electronic documentation (SOFTWARE PRODUCT or SOFTWARE). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly contact TSS SOFTWARE LLC. Since TSS SOFTWARE LLC has developed custom computer software for your business, then a full refund is not possible. The amount of the refund, if any amount is refunded, shall be fully determined by TSS SOFTWARE LLC. No refund will be given for any SHAREWARE
or TRIALWARE version of our software.
SOFTWARE PRODUCT LICENSE
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. This EULA grants you the following rights:
Systems Software. You may install and use one copy of the SOFTWARE
PRODUCT on a single computer for a single installation. If the SOFTWARE PRODUCT includes functionality that enables your single computer to act as a network server, any number of computers or workstations may access or
otherwise utilize the basic network services of that server. The basic network services are more fully described in the printed materials accompanying the SOFTWARE PRODUCT.
You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers. License Pak. If you have acquired this EULA in a TSS SOFTWARE LLC License Pak, you may make the number of additional copies of the computer software portion of the SOFTWARE PRODUCT authorized on the printed copy of this EULA, and you may use each copy in the manner specified above.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Limitations on Reverse Engineering, Decompilation,
and Disassembly. You may not reverse
engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. Rental. You may not rent or lease the SOFTWARE PRODUCT. Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate
of Authenticity), and the recipient agrees to the terms
of this EULA and the recipient purchases a yearly maintenance plan at the
standard rate of $298. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
Termination. Without prejudice to any other rights, TSS SOFTWARE LLC may terminate this EULA if you fail to comply with the
terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES. If the SOFTWARE PRODUCT is an upgrade from another
product, whether from TSS SOFTWARE LLC or another supplier, you may use or transfer the SOFTWARE PRODUCT only in conjunction with that upgraded product, unless you destroy the upgraded product. If the SOFTWARE PRODUCT is an upgrade of a TSS SOFTWARE LLC product, you now may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT
(including but not limited to any images, photographs, animations,
video, audio, music, text, and applets, incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by TSS SOFTWARE LLC or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
5. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you
receive, you may use only one medium that is appropriate for your
single computer. You may not use or install the other medium on
another computer. You may not loan, rent, lease, or otherwise
transfer the other medium to another user, except as part of the
permanent transfer (as provided above) of the SOFTWARE PRODUCT.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and
documentation are provided with RESTRICTED RIGHTS. Use, duplication,
or disclosure by the Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software Restricted Rights
at 48 CFR 52.227-19, as applicable. The manufacturer is:
TSS SOFTWARE LLC
162 Main Street
West Alexander, PA 15376
If you acquired this product in the United States, this EULA is
governed by the laws of the State of Pennsylvania. Should you have any
questions concerning this EULA, or if you desire to contact TSS SOFTWARE LLC for any reason, please write to:
TSS SOFTWARE LLC
162 Main Street
West Alexander, PA 15376
PRIVACY STATEMENT: TSS integrates
analytics and user tracking into its software, this helps us improve our
software. Most importantly, this data helps us discover what
improvements we should make to provide the most value to our users. This
OR OTHERWISE ACCESS OUR SOFTWARE APPLICATIONS, APPLICATIONS, GAMES, WEBSITE, OR CONTENT. We
please review it frequently. Your continued use of our applications will
LIMITED WARRANTY. TSS SOFTWARE LLC warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of
thirty (30) days from the date of receipt, and (b) any hardware accompanying the SOFTWARE RODUCT will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT and hardware, if any, are limited to
thirty (30) days and one year, respectively.
CUSTOMER REMEDIES. TSS and its suppliers' entire liability and your exclusive remedy shall be, at TSS SOFTWARE LLC's option, either (a) return a partial payment of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT or hardware that does not meet TSS SOFTWARE LLC's Limited Warranty and which is returned to TSS SOFTWARE LLC with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by TSS SOFTWARE LLC are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TSS SOFTWARE LLC AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. NO LIABILITY FOR CONSEQUENTIAL DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TSS SOFTWARE LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF TSS SOFTWARE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.