TR COMPUTING SOLUTIONS, INC.
Updated October 7, 2011
1. ACCEPTANCE OF TERMS.
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>).