End User License Agreement
This Client Track application End User License Agreement (EULA) is a legal agreement between you (either an individual user or an entity) and the Institute for Intergovernmental Research (IIR) for the Client Track application, which includes computer software and documentation. The software also includes any updates and supplements to the original software that are provided to you by IIR. You may receive the software on physical media, such as CD-ROMs, floppy diskettes, and parallel port or USB adapters.
By installing, copying, accessing, or using the software, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, do not install or use the software.
This software is not for sale. It is licensed to you as the end user.
IIR owns all copyright, trade secret, trademark, and any other intellectual property or proprietary rights in and to the software.
IIR grants you a personal, nonexclusive, nontransferable license to use a single copy of the software on a single hard drive, provided this copyright is not violated and provided the terms and conditions of the EULA are accepted and observed.
If you wish to use multiple copies of the software within your organization or agency, contact IIR for permission.
If you agree to all of the terms and conditions outlined in this document, you will be granted a license to use the software on a single computer.
Other Rights and Limitations
You may not rent, lease, distribute, or sublicense the software to others.
With respect to any portions of the software identified as examples, you are granted the right to use, modify, and copy the examples in original or modified forms to suit your specific needs.
Warranty Disclaimer and Indemnification Disclaimer
THIS SOFTWARE AND MEDIA ARE PROVIDED “AS-IS,” WITHOUT WARRANTY OF ANY KIND. ANY USE OF THE SOFTWARE AND OUTPUT IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IIR DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, ITS OUTPUT, AND MEDIA.
IN NO EVENT SHALL IIR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS). THIS INCLUDES DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, ITS OUTPUT, OR THE MEDIA EVEN IF IIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT SHALL THE LIABILITY OF IIR EXCEED THE GREATER OF THE LICENSING FEES PAID BY YOU FOR THE SOFTWARE OR TWENTY UNITED STATES DOLLARS.
IIR will not indemnify you and will have no liability for any claim, action, or suit of patent, trade secret, or copyright infringement based on your customization of the software (e.g., integrating with other applications). You acknowledge that you are solely responsible for determining whether your use infringes on a third party’s rights.
You agree not to export the software or underlying information or technology, either directly or indirectly, to any foreign country except when such export is authorized by, and in full compliance with, the laws and regulations of the United States of America.
This EULA is effective until terminated.
You may terminate it at any time by destroying the software and media and erasing any copies residing on computer equipment.
This EULA will also terminate if you do not comply with any terms and conditions of this EULA.
IIR reserves the right to terminate this EULA if it deems, at its sole discretion, that it is unable to continue to support the application.
This agreement shall be governed by, construed, and interpreted in accordance with the laws of the state of Florida, U.S.A., excluding its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods.
It constitutes the entire agreement between you and IIR concerning this matter and supersedes all discussions, proposals, bids, invitations, orders, and other communications, oral or written, on this subject. These terms and conditions may not be waived, amended, or modified in any way except through a written agreement signed by IIR. If any one or more provisions of this Agreement are found to be illegal or unenforceable, the remaining provisions will be enforced to the maximum extent possible.
The Client Track application is provided by the IIR through funds made available from the United States Department of Justice to assist agencies in tracking clients.
The End User agrees to:
- Adhere to any applicable Client Track application policies;
- Utilize the Client Track application for authorized purposes only; and
- Assume responsibility for the accuracy, integrity, and reliability of data submitted to the Client Track application.
The End User may not hold IIR liable in any claim, demand, action, suit, or proceeding, including but not limited to any suit, in law or in equity, for damages by reason of or arising out of any Client Track application information or for any loss, cost, expense, or damages resulting from or arising out of using or relying upon information in the Client Track application. To the maximum extent permitted by law, IIR shall not be responsible for or liable for any damages whatsoever arising out of or related to the use of or inability to use the Client Track application, even if IIR has been advised of the possibility of such damages. This does not constitute a waiver of any defense or immunity lawfully available to IIR.
The End User understands that the Client Track application will be provided at no cost to the End User, subject to funding from USDOJ allocated for this purpose.
If funding becomes unavailable, this agreement will be considered terminated, based on funding constraints.
The End User agrees to abide by all applicable state and federal laws pertaining to the authorized collection, proper use, retention, and secure dissemination of Client Track application information, including adherence to applicable privacy or civil liberties statutes and regulations.
Each provision of this Agreement is severable. If one provision is declared void, illegal, or unenforceable, the remaining paragraphs shall retain their full force and effect.
IIR is a Florida corporation with its mailing address at P.O. Box 12729, Tallahassee, FL 32317.