GpsGate Server End User License Agreement (EULA)


Updated: March 25, 2013


GpsGate AB licenses the accompanying software to you only upon the condition that you accept all of the terms contained in this license agreement. Please read the terms carefully. If you do not agree to these terms, GpsGate AB is unwilling to license the software to you, in which event you should delete the software from your system.

1. LICENSE

The software which accompanies this license (the “Software”) is the property of GpsGate AB and is protected by copyright law. While GpsGate AB continues to own the Software, you will have certain rights to use the Software after your acceptance of this license. Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows:


YOU MAY:

  1. use the Software on one computer and track up to five (5) devices per installation for free.
  2. After purchasing a license (or obtaining a license by purchasing another product that comes bundled (OEM) with the Software), install and use the Software on one computer for as many devices as you have purchased a license for.
  3. Create as many applications as you want for the total number of devices you have purchased a license for, within one installation of the Software. This applies to, but is not limited to, the BuddyTracker and VehicleTracker applications.

YOU MAY NOT:

  1. have the Software installed on more than one computer at any one time using the same license.
  2. reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software;
  3. transfer the Software license to another person or entity;
  4. make public or in any other way share your license keys that must remain secret to you;
  5. use the Software to track people or their assets without informing them. This applies to, but is not limited to, activities such as “covert operations” and “spouse tracking”.

2. NO WARRANTY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Software and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

3. DISCLAIMER OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER GPSGATE AB NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE SOFTWARE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. GENERAL

If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.


All Recipient’s rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such non-compliance. If all Recipient’s rights under this Agreement terminate, Recipient agrees to cease use of the Program as soon as reasonably practicable. However, Recipient’s obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.


All rights in the Program not expressly granted under this Agreement are reserved.


This Agreement is governed by the laws of Sweden and applicable international agreements and laws. All legal issues are settled in Sweden by Swedish laws.




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