software license agreement

ATTENTION!  PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (hereinafter "License") CAREFULLY BEFORE USING THE STINGER PRODUCT OR PART THEREOF (hereinafter "The Stinger Product") AND THE ACCOMPANYING SOFTWARE.  BY USING THE STINGER PRODUCT AND ACCOMPANYING SOFTWARE YOU ARE IRREVOCABLY AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU SHOULD NOT USE THE STINGER AND THE ACCOMPANYING SOFTWARE.

1. General

All Software in The Stinger Product, in the Stinger Desktop application, in the Stinger computer programs, as well as on any medium and in any form (hereinafter collectively “Software”), that comes with and/or belongs to The Stinger Product is licensed, not sold, to you by Stinger (Carcomputer USA, Inc.) for use only under the terms of this License, and Stinger reserves all rights not expressly granted to you.

2. Rights

The rights granted herein are limited to Stinger's intellectual property rights in and of the Software and do not include any other patents or intellectual property rights.  You own the media on which the Software is recorded but Stinger retains ownership of the Software itself.

3. Upgrades

The terms of this License will govern any Software upgrades provided by Stinger that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

4. Permitted License Uses and Restrictions

This License allows you to install and use one copy of the Stinger Software on a single computer at a time.  The Software may be used to reproduce materials as long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.  This License does not allow the Software to exist on more than one computer at a time, and you may not make the Software available over a network where it could be used by multiple computers at the same time.  You may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software or any part thereof.

5. Transfer

You may not rent, lease, lend or sublicense the Software.  You may, however, make a one-time permanent transfer of all of your license rights to the Software to another party, provided that: (a) the transfer must include all of the Software, including all its component parts, original media, printed materials and this License; (b) you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Software reads and agrees to accept the terms and conditions of this License.

6. Consent to Use of Data

You agree that Stinger, companies directly related to Stinger and Stinger agents may collect, maintain, process and use diagnostic, technical and related information, including but not limited to technical information about your computer, system and application Software, and peripherals, as well as information as to the location of The Stinger Product during the registration of speed measurements and specific characteristics of such speed measurements.  Such information is gathered periodically to facilitate the provision of Software updates, product support and other services to you (if any) related to the Stinger Software, and to verify compliance with the terms of this License.  Stinger may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

7. Stinger Services

Among other things, this Software enables you to employ on The Stinger Product certain services (including but not limited to for example ‘SpotList’ subscriptions - hereinafter collectively and individually "Services") that Stinger offers through its Stinger Desktop Application.  The  use of the Software used in these Services is governed by this License.  However, in order to use these Services you will be required to accept additional terms of service which will be presented to you before you can finalize the purchase of such Services.

As soon as you purchase or use a Service you agree that this Service, including but not limited to traffic (speed) measurement information, road information, radar and laser signal information, general traffic information, and material in general, contains proprietary information and material that is owned by Stinger and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services.  No portion of the Services may be reproduced in any form or by any means.  You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever.  Stinger and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Stinger be liable for the removal of or disabling of access to any such Services.  Stinger may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

8. No liability

You expressly agree with, and are fully aware, that you declare that in no event you shall hold Stinger liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Stinger Stinger Product and/or related Software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Stinger has been advised of the possibility of such damages.  The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.  You declare that you shall not hold Stinger liable for any form of ensuing and/or consequential damage.  You expressly agree with article 7.21 BW (Dutch Civil Law Code) not being applicable.

9. No warranty

The Stinger Software is provided "as is", with all faults and without warranty of any kind, and Stinger hereby disclaim all warranties and conditions with respect to the Stinger Software, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.  Stinger does not warrant against interference with your enjoyment of the Stinger Software, that the functions contained in the Stinger Software will meet your requirements, that the operation of the Stinger Software will be uninterrupted or error-free, or that defects in the Stinger Software will be corrected.  No oral or written information or advice given by Stinger or a Stinger authorized representative shall create a warranty.  Should the Stinger Software prove defective, you assume the entire cost of all necessary servicing, repair or correction.

10. Termination

This License is effective until terminated.  Your rights under this License will terminate: a) If Stinger notifies you thereof, or b) Automatically, without notice from Stinger, if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.

11. Governing Law and Divisibility

This agreement will be governed by U.S. law.  Any dispute that might arise between you and Stinger will be resolved by the competent court in California, U.S.A.  Should any stipulation of this agreement or any part thereof be declared null and void or otherwise non-binding by a competent court, the other stipulations of this agreement shall remain in full force.

12. Complete Agreement and Governing Language

This License constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.  No amendment to or modification of this License will be binding unless in writing and signed by a Stinger director.  Any translation of this License is done for local requirements and in the event of a dispute between the English and another version, the English version of this License shall govern.

 

180221 Software License Agreement USA & Canada V1.0