Terms of Use
TR COMPUTING SOLUTIONS, INC.
TERMS OF USE
Updated October 7, 2011
1. ACCEPTANCE OF TERMS.
The Services that TR Computing Solutions Inc. ("TRCS", "TRCS
Inc.", "TR Computing Solutions Inc.") provides to you are
subject to the following Terms of Use ("TOU"). TRCS reserves the
right to update the TOU at any time without notice to you. The
most current version of the TOU can be reviewed at
http://www.trcs.com/tou.html.
2. DESCRIPTION OF SERVICES.
TRCS provides you with access to a variety of resources,
including software, communication forums and product information
(collectively "Services"). The Services may be delivered by TRCS
web properties or 3rd party vendors. The Services, including any
updates, enhancements, new features, and/or the addition of any
new Web properties, are subject to the TOU.
BY INSTALLING, DOWNLOADING, COPYING, ACCESSING OR USE THE
SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE
BOUND BY THE TERMS OF THIS TOS. IF YOU DO NOT AGREE, YOU MAY NOT
CONTINUE TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE SERVICES.
2.1 NOTICE SPECIFIC TO SOFTWARE AVAILABLE VIA SERVICES
Any software that is made available to download from the
Services ("Software") is the copyrighted work of TRCS and/or its
suppliers. Any reproduction or redistribution of the Software
not in accordance with the TOU is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS
SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY
THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE
TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE
LICENSE AGREEMENT, TRCS HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
2.2 Restrictions. You may not (i) decompile, disassemble or
reverse engineer the Software or otherwise attempt to gain
access to its source code, except to the extent that such
restrictions are expressly prohibited by law; (ii) copy, offer
for public display, translate, adapt, modify or otherwise alter
the Software, or create derivative works thereof, except to the
extent that such restrictions are expressly prohibited by law;
(iii) rent, lease, loan, sublicense or distribute the Software,
or offer it on a pay-per-play, coin-op or other for charge (or
free) basis; (iv) use the Software to infringe the copyrights or
other intellectual property rights of others in any way; (v)
remove, circumvent, disable, damage or otherwise interfere with
security-related or limiting features of the Software, and/or
(vi) modify or delete the copyright and other proprietary rights
notices on or in the Software.
2.3 RESTRICTED RIGHTS LEGEND
Any Software which is downloaded from the Services for or on
behalf of the United States of America, its agencies and/or
instrumentalities ("U.S. Government"), is provided with
Restricted Rights. Use, duplication, or disclosure by the U.S.
Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is TR
Computing Solutions Corporation, 8170 Estes Circle, Arvada CO,
80005.
2.4 Automated Collection of Information. The Software may
automatically send and receive information to and from your
computer which TRCS may use to update the Software (by providing
new features, bug fixes, etc.), to perform quality and assurance
testing for the Software, and to provide you with information
about other products and software we offer. TRCS may assign a
unique anonymous identifier to the Software you have downloaded
and, by using the non-personally identifiable information that
is associated with this identifier, TRCS can personalize your
experience, recommend Software or make special offers through
the Services specifically based on your preferences and usage of
our Software and Services without personally identifying you.
The information that TRCS gathers may also be used in anonymous
and aggregated form in order to analyze ways to improve our
Software and Services. BY USING THE Software or Services YOU
CONSENT TO THE TRANSMISSION AND USE OF THIS INFORMATION BY TRCS
AS DESCRIBED IN THIS PARAGRAPH.
2.5 Software Specific Terms and Conditions. For additional terms
and conditions that may apply to the Software, such as
third-party copyright notices and license information, please
review the Credits tab included with the Software. The Credits
tab for the Software is hereby incorporated into this TOS by
this reference.
3. TERMINATION. This TOS is effective until terminated. You may
terminate this TOS at any time by uninstalling the Software and
destroying all copies of the Software in your possession or
control. TRCS may terminate this TOS immediately upon notice to
you if you breach any of its terms or conditions. Upon
termination of this TOS, you agree to immediately uninstall the
Software, destroy all copies of the Software, and terminate any
further use of Services.
4. SERVICES AND SOFTWARE OWNERSHIP. The Services and Software is
the copyrighted proprietary material of TRCS and/or its
third-party licensors and is subject to copyright protection
under U.S. copyright law and international copyright treaties,
as well as other intellectual property laws and treaties. TRCS
and/or its third-party licensors retain all right, title, and
interest in the Services (and any copies thereof) and
specifically reserve all rights not expressly granted under this
TOS.
5. LIMITATION OF LIABILITY. NO PROVISIONS OF THIS TOS SHALL
APPLY TO LIMIT LIABILITY ARISING FROM DEATH OR PERSONAL INJURY
CAUSED BY NEGLIGENCE OR FOR FRAUD. OTHERWISE, IN NO EVENT WILL
THE TRCS PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT
DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING
TO THIS TOS AND/OR YOUR USE OF THE SERVICES AND SOFTWARE EXCEED
THE AMOUNT PAID BY YOU FOR THE SERVICES AND SOFTWARE. IN NO
EVENT WILL THE TRCS PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES
(INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS,
LOSS OF DATA, PRIVACY, NEGLIGENCE OR OTHER DUTY OF CARE), EVEN
IF ONE OR MORE OF THE TRCS PARTIES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
6. BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of
warranties and limitations of liability set forth above are
fundamental elements of the basis of the agreement between you
and TRCS. You understand and agree that TRCS would not be able
to economically or reasonably provide the Services to you
without these limitations. HOWEVER, SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION
OF INDIRECT DAMAGES AS SET FORTH IN SECTIONS 4 AND 5 ABOVE, SO
THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. INDEMNIFICATION. You agree to indemnify, defend and hold
harmless the TRCS Parties, including their respective employees,
officers, directors and personnel from any claims, losses,
damages, liabilities, including attorneys' fees, arising out of
your violation of this TOS and/or your use or misuse of the
Services.
8. EXPORT CONTROL. The Services originates in the United States
and is subject to United States export laws and regulations. You
may not export or re-export, in whole or in part, the Services
to certain countries, persons or entities prohibited from
receiving exports from the United States. Additionally, the
Services may be subject to the import and export laws of other
countries, and you agree that you will comply with any such
foreign import and export laws, as applicable.
9. NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the
Services for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the Services in
any manner that could damage, disable, overburden, or impair any
TRCS server, or the network(s) connected to any TRCS server, or
interfere with any other party's use and enjoyment of any
Services. You may not attempt to gain unauthorized access to any
Services, other accounts, computer systems or networks connected
to any TRCS server or to any of the Services, through hacking,
password mining or any other means. You may not obtain or
attempt to obtain any materials or information through any means
not intentionally made available through the Services.
10. MISCELLANEOUS. You agree to comply with all United States
and foreign laws related to your use of the Services. This is
the entire agreement between you and TRCS relating to the
subject matter herein and replaces any and all previous
representations, agreements, understandings or communications,
whether written or oral. This TOS may not be modified except in
writing, signed by both parties. If a court of competent
jurisdiction declares any provision of this TOS to be void or
unenforceable, then such provision will be interpreted,
construed or reformed to the extent reasonably required to
render it valid, enforceable and consistent with the original
intent underlying such provision, and such invalidity or
unenforceability will not affect any other provision of this
TOS. The English language version of this TOS will control its
interpretation.
11. GOVERNING LAW AND VENUE.
This TOS will be governed by and construed in accordance with
the laws of the State of Colorado, USA, excluding its conflicts
of law rules and specifically excluding the United Nations
Convention on Contracts for the International Sale of Goods.
Venue for any action hereunder shall lie exclusively in the
state and federal courts located in Jefferson County, Colorado
USA and you hereby consent and submit to the personal
jurisdiction of such courts.
12. NOTICES; HOW TO CONTACT TRCS. The Services is made available
to you by TRCS, Inc., located at 8170 Estes Circle, Arvada CO
80005 (or at an updated address posted online at www.trcs.com
<http://www.trcs.com>).
