IMPORTANT- READ CAREFULLY:
This End User License Agreement (« EULA ») is a legal agreement between YOU as Licensee and GLORIANT BELGIUM bvba (« GLORIANT BELGIUM ») for the SOFTWARE PRODUCT identified above. 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 return the unused SOFTWARE PRODUCT to the place of purchase for a full refund.
The copyright in the SOFTWARE PRODUCT and its documentation is owned by GLORIANT BELGIUM bvba. Subject to the terms of this EULA, YOU are granted a non-exclusive right for the duration of the EULA to use the SOFTWARE PRODUCT. YOU do not acquire ownership of copyright or other intellectual property rights in any part of the SOFTWARE PRODUCT by virtue of this EULA.
Your use of this software indicates your acceptance of this EULA and warranty.
In this End User License Agreement, unless the contrary intention appears:
- « EULA » means this End User License Agreement.
- « GLORIANT BELGIUM » means GLORIANT BELGIUM bvba – Kemmelbergstraat 82, 2600 Berchem – Belgium
- « Licensee » means YOU, or the organization (if any) on whose behalf YOU are taking the EULA.
- « Registered Edition of XPOfleet » means the edition of the SOFTWARE PRODUCT which is available for purchase from the web site: http://www.XPOfleet.com, activated by a License key registered on the name of Licensee.
- « SOFTWARE PRODUCT » or « SOFTWARE » means XPOfleet, Fleet Exposure Software,ONE or ENTERPRISE,, which includes computer software and associated media and printed materials, and may include online or electronic documentation.
- « Support Services » means email based support provided by GLORIANT BELGIUM, including advice on usage of XPOfleet, investigation of bugs, fixes, and general product support.
- « GLORIANT BELGIUM support engineers » means employees of GLORIANT BELGIUM who provide on-line support services.
- « Trial edition of XPOfleet » means the edition of the SOFTWARE PRODUCT which is available free of charge and supports management of a fleet up to ten (10) cars.
GRANT OF LICENSE
In accordance with the terms of this EULA YOU are granted the following rights:
- Regarding XPOfleet ONE edition: To install and use one copy of the SOFTWARE PRODUCT or, in its place, any prior version for the same operating system, on a single computer. As the primary user of the computer on which the SOFTWARE PRODUCT is installed, YOU may make a second copy for your exclusive use on either a home or portable computer.
- Regarding XPOFleet ENTERPRISE edition: To install and use multiple copies of the SOFTWARE PRODUCT on multiple computers but all accessing the same database (RDBMS) installed on the same computer network that the computers are attached to.
- To 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 over an internal network. If YOU want to increase the number of users entitled to concurrently access the SOFTWARE PRODUCT, YOU must notify GLORIANT BELGIUM and agree to pay an additional fee.
- To make copies of the SOFTWARE PRODUCT for backup and archival purposes only.
A license key is required to activate any copy of SOFTWARE PRODUCT. A license key for XPOfleet ONE 10 can be obtained free of charge, electronically only, from the website http://www.XPOfleet.com. Any License key is strictly individual and cannot be transferred by Licensee. Any License key entitles you to use the SOFTWARE PRODUCT for one year only, starting at the date of purchase, after which period Licensee has the right to purchase the license for another year or not. In the latter case Licensee agrees to remove the SOFTWARE PRODUCT from all computers and/or servers it is installed on by the Licensee.
The Trial version of XPOfleet is not free software. Subject to the terms of this agreement, YOU are hereby licensed to use this and to manage a car fleet of up to ten cars. You must however agree to register this copy of the SOFTWARE PRODUCT annually using your real name.
Annually the SOFTWARE PRODUCT will remind you that your license is about to expire. When you chose not to extend this license, , the SOFTWARE PRODUCT must be removed from the computer. Unregistered use of XPOfleet in violation of Belgian, U.S. and international copyright laws.
GLORIANT BELGIUM may extend the evaluation period on request and at their discretion.
If YOU choose to use this software to manage a fleet of more than 10 cars, a license must be purchased (as described at http://www.XPOfleet.com). Upon payment of the license fee, YOU will be sent details on where to download the registered edition of XPOfleet and will be provided with a suitable software ‘key’ by email.
ADDITIONAL RIGHTS AND LIMITATIONS
YOU hereby undertake not to sell, rent, lease, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, loan or distribute the SOFTWARE PRODUCT other than as expressly authorized by this EULA.
YOU further undertake not to reproduce or distribute license key-codes except under the express and written permission of GLORIANT BELGIUM.
YOU may only assign all your rights and obligations under this EULA to another party if YOU supply to the transferee a copy of this EULA and all other documentation including proof of ownership. Your license is then terminated.
Without prejudice to any other rights, GLORIANT BELGIUM may terminate this EULA if YOU fail to comply with the terms and conditions. Upon termination YOU or YOUR representative shall destroy all copies of the SOFTWARE PRODUCT and all of its component parts or otherwise return or dispose of such material in the manner directed by GLORIANT BELGIUM.
WARRANTIES AND LIABILITY
GLORIANT BELGIUM warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and any Support Services provided by GLORIANT BELGIUM shall be substantially as described in applicable written materials provided to YOU by GLORIANT BELGIUM, and GLORIANT BELGIUM support engineers will make commercially reasonable efforts to solve any problems associated with the SOFTWARE PRODUCT.
Any Support Services will be provided only between 9h00 and 16h30 GMT+1.
To the maximum extent permitted by law, GLORIANT BELGIUM excludes, for itself and for any supplier of software incorporated in the SOFTWARE PRODUCT, all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by YOU directly or indirectly (including without limitation lost costs, profits and data) arising out of:
- YOUR use or misuse of the SOFTWARE PRODUCT
- YOUR inability to use or obtain access to the SOFTWARE PRODUCT
- Negligence of GLORIANT BELGIUM or its employees, contractors or agents, or of any supplier of software incorporated in the SOFTWARE PRODUCT, in connection with the performance of GLORIANT BELGIUM’ obligations under this EULA, or
- Termination of this EULA by either party for any reason.
The SOFTWARE PRODUCT and any documentation are provided « AS IS » and all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this EULA or to this EULA generally, including without limitation, warranties as to: quality, fitness; merchantability; correctness; accuracy; reliability; correspondence with any description or sample, meeting your or any other requirements; uninterrupted use; compliance with any relevant legislation and being error or virus free are excluded. Where any legislation implies in this EULA any term, and that legislation avoids or prohibits provisions in a contract excluding or modifying such a term, such term shall be deemed to be included in this EULA. However, the liability of GLORIANT BELGIUM for any breach of such term shall if permitted by legislation be limited, at GLORIANT BELGIUM’s option to any one or more of the following upon return of the SOFTWARE PRODUCT and a copy of the receipt:
- If the breach relates to the SOFTWARE PRODUCT:
- the replacement of the SOFTWARE PRODUCT or the supply of an equivalent SOFTWARE PRODUCT
- the repair of such SOFTWARE PRODUCT
- the payment of the cost of replacing the SOFTWARE PRODUCT or of acquiring an equivalent SOFTWARE PRODUCT, or
- the payment of the cost of having the SOFTWARE PRODUCT repaired.
- If the breach relates to services in relation to the SOFTWARE PRODUCT:
- the supplying of the services again, or
- the payment of the cost of having the services supplied again.
All names of products and companies used in this EULA, the SOFTWARE PRODUCT, or the enclosed documentation may be trademarks of their corresponding owners. Their use in this EULA is intended to be in compliance with the respective guidelines and licenses.
Windows®, Windows 98, Windows NT, Windows ME, Windows XP, Windows Vista, Windows 2000 and Windows 2003 Server are trademarks of Microsoft®.
This agreement shall be construed in accordance with the laws of the Belgium, in case of a dispute only the courts of Antwerp – Belgium are entitled to rule.