Travel-X Software License Agreement
IMPORTANT! READ THIS USER LICENSE AGREEMENT CAREFULLY FOR ALL
SCANSOFT SOFTWARE
This Agreement sets forth the terms and conditions
under which the software product will be licensed by SCANSOFT to you
("Licensee"). This License Agreement (LA) is a legal agreement between you
(either an individual or a single entity) and SCANSOFT for the Travel-X
software. By installing, copying, or otherwise using the software product, you
agree to be bound by the terms of this LA. If you do not agree to the terms of
this LA you may not buy, install, copy or otherwise use the above mentioned
software.
1. Grants of license.
This LA grants you the following rights as a legal entity or individual: You
may install Travel-X and a copy of the license file on any computer belonging
to you and on any computer which shall be used to make travel expense reports
to you. You have these rights within the legal entity, or company, on the
specific address which the license has been issued to. It is unlawful to
distribute the license file outside your organization or to third party. You
have the right to set up as many users for Travel-X for the legal entity in
question, as specified in the license according to the specific purchase
agreement. Any further set up of users requires a new license to be issued.
2. License fees.
After purchasing the license, you are not obliged to further license payments,
installations or any other form for upgrading. You can use the software for
eternity. Should you desire an update of your current version of Travel-X, you
have the right to do this for free for a period of 12 months after purchase
date. After this period, you will be required to pay a license fee of 15% of
the present purchase price for a license similar to the one acquired. You then
buy another period of 12 months again free updating. There is no further
fee(s). This agreement does not grant you any right to enhancements or updates
to, or support or maintenance for the licensed software in excess of stated
else where in the agreement.
3. Updates and technical support.
Upon registration and payment of appropriate fee(s) you are entitled to full
support, e-mail, phone, internet, for a 12 month period. The
guidelines for technical support may be modified from time to time by SCANSOFT
at its discretion without notice. SCANSOFT may form time to time revise or
update the licensed software. In so doing, SCANSOFT incurs no obligation to
furnish such revision or updates to you. Updates and further support terms are
available to you on the same basis as SCANSOFT makes them available to its
other licensees at the current prices. See above paragraph 2, License Fees, for
further information.
4. Proprietary notices.
You may not remove any proprietary notices or labels on the software product.
The origin of the software must not be misrepresented any way, either explicit,
implicit or by omission.
5. Software transfer
You cannot transfer the rights specified in this LA to other parties, not even
if you advise us and retain no copies yourself.
6. Termination.
You may terminate this software product license at any time. If you have
purchased the software, you simply delete the Travel-X license and other files
related to the software product. You are not obliged to advise us in any
way, we would however, appreciate this. In addition, without prejudice to any
other rights, this LA and the license granted hereunder will terminate
automatically if you fail to comply with the terms and conditions described
herein. Upon termination, you must destroy all copies of the software product
and documentation. Your obligations to pay accrued charges and fees shall
survive any termination of this agreement.
7. Disclaimer of warranty.
The licensed software and documentation is provided on an “AS IS” basis,
without warranty of any kind, including without limitation the warranties of
merchantability, fitness for a particular purpose, and non-infringement.
Neither does SCANSOFT warrant that the functions contained in the licensed
software will meet your requirements, or that the operation of the licensed
software will be uninterrupted, error free, or virus free, or that defects in
the licensed software will be corrected. The entire risk as to the quality and
performance of the software product is borne by you. Should the licensed
software or documentation proves defective, you, and not SCANSOFT, its dealers,
or its suppliers, assume the entire cost of any necessary service, repair or
correction. In addition, the security mechanisms implemented by SCANSOFT have
inherent limitations and you must determine that the software product
sufficiently meets your requirements. This disclaimer of warranty constitutes
an essential part of the agreement. No use of the licensed software is
authorized hereunder except under this disclaimer.
8. Limitation of liability.
To the maximum extent permitted by applicable law, any conditions or warranties
imposed or implied by law are hereby excluded. Consumers may however have the
benefit of certain rights or remedies in respect of which liability may not be
excluded. Insofar as such liability may not be excluded then to the maximum
extent permitted by law, such liability is limited at SCANSOFT’s option, to
either A) the price paid for the software product, or B) replacement of the
software product. Under no circumstances and under no legal theory, whatever
contract, tort, or otherwise, shall SCANSOFT or any of its business partners be
liable for indirect, consequential, incidental, special, or exemplary damages
such as, but not limited to, loss of revenue or anticipated profits, business
interruption, loss of business information, or other economic loss arising out
of or in connection with this agreement, even if SCANSOFT or any of it business
partners have been advised of the possibility of such damages and regardless of
whether any remedy set forth in this agreement fails of its essential purpose.
Not even if these damages are a direct or indirect consequence arising of the
use or inability to use, or supply or non-supply, of the software and any
accompanying written materials. You acknowledge that no promise,
representation, warranty or undertaking has been made or given be SCANSOFT (or
any related company) to any person or company on its behalf in relation to the
profitability of or any other consequences or benefits to be obtained from the
delivery or use of the licensed software and any accompanying SCANSOFT supplied
software, manuals, or other materials. You have relied upon your own skills and
judgment in deciding to acquire the licensed software and any accompanying
materials for use by you. The SCANSOFT’s total liability under any provision of
this agreement is any case limited to the amount actually paid by you for the
licensed software.
9. Source code.
This LA gives you no rights to the source code for the licensed software. You
agree not to attempt to decompile, disassemble, reverse engineer of otherwise
discover such source code.
10. Governing law.
This license shall be interpreted, construed, and enforced in accordance with
Danish laws and provisions as well as provisions under the European Union.
11. Jurisdiction.
You agree that any litigation relating to this license may only be brought in,
and you shall be subject to the jurisdiction of, the Danish courts, with the
losing party responsible for costs, including court costs, reasonable
attorney’s fees and expenses.
12. No other agreement.
This license constitutes the entire agreement between the parties relating to
the licensed software and documentation and supersedes any proposal or prior
agreement, oral or written, and any other communication relating to the subject
of this license. If any provision of this license is held to be unenforceable
in any respect, such provision shall be performed only to the extent necessary
to make it enforceable.
13. Acknowledgement.
You acknowledge that you have read this LA, understand it, and agree to be
bound by its terms and conditions.
14. Contact.
Contact SCANSOFT with any questions via sales@travel-x.com The origin of this
software must not be misrepresented, either by explicit or by omission. Altered
versions must be plainly marked as such, and must not be misrepresented as
being the original software. Altered versions may be distributed in packages
under other licenses.