END USER LICENSE AGREEMENT A. Agreement. By accessing or otherwise using this website and Software Product, you agree to be bound by the terms of this End User License Agreement (this "EULA"). If you do not agree to the terms of this EULA, do not use or access this Software Product. B. What this EULA Covers. This EULA covers the IP Radio, LinkTDS, VTrunk, and Tactical Communications BridgeTM software program and may include associated media, hardware, printed materials, and electronic documentation (collectively, the "Software Product"). The Software Product also includes any updates and supplements to the original Software Product provided to you by Tracer Technology Systems, Inc. (“Tracer Technology Systems”) through this site. C. Meaning of "You." If the person accessing this Software Product is an individual using it for his or her own purposes, "you" means the person using this software. If the person accessing this Software Product is doing so in furtherance of the purposes of another person, including an organization (whether or not the employer or the person), then "you" means both the person accessing this software and the other person, including an organization. No person accessing the software for another may do so unless the person accessing the software is authorized to bind the other person, including an organization, and failure to be so authorized will result in unauthorized use of the software subject to civil and criminal consequences. D. The Parties to this EULA. This EULA is a legal agreement between you and Tracer Technology Systems, Inc., a Montana corporation with offices at 1035 Cerise Rd., Billings, MT 59101, USA. E. Nature of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold. 1. GRANT OF LICENSE. Tracer Technology Systems grants to you a nonexclusive license to use the Software Product as provided in the accompanying publications or documentation. This license permits one specific natural person to access and use the Software Product. This is not a seat-or session-based license. Once a natural person begins use of the Software Product, the license is permanently associated with that named natural person, and no other person may use the Software Product without procuring from Tracer Technology Systems another license for that other person. You may make the URL and Software Product available to natural persons, provided that one such license is bound to one person and that each person who uses the Software Product made available by you agrees to this EULA. If any person to whom you make available the Software Product is not bound by the EULA, you will be responsible for any violations of this EULA or of applicable law by that person as though that person was your agent acting on your express instructions. If you distribute the URL or Software Product to natural persons using a centralized server, web application, or otherwise, you must have in place measures reasonably calculated to limit the number of natural persons using the Software Product to the number of licenses granted by Tracer Technology Systems. In any case, you must make available your books, records, facilities, and systems for audit by Tracer Technology Systems and/or its agents so that Tracer Technology Systems can verify your compliance with the terms of this EULA. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Individual User Accounts. Every person who accesses the Software Product must do so with a single named user account that is personally associated and only used by him or her. Registration Requirements. In consideration of your use of this website and the Software Product, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (such information being "Your Data"). If you provide any information that is untrue, inaccurate, not current or incomplete, or Tracer Technology Systems has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tracer Technology Systems has the right to suspend or terminate your account and refuse any and all current or future use of the website or Software Product, or any portion thereof. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software Product. Separation of Components. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one computer and must be presented to the user in the whole form as distributed by Tracer Technology Systems or its designated suppliers. Rental or Sale. Without exception, You may not rent, sell, lease, lend or provide commercial or fee-based hosting services for the Software Product or otherwise charge any type of access fee to users in exchange for access to the Software Product. Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Tracer Technology Systems. No Support. Tracer Technology Systems shall have no obligation to provide any product support for the Software Product unless Tracer Technology Systems expressly agrees in writing to provide such support. Termination. Without prejudice to any other rights, Tracer Technology Systems may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must immediately stop accessing the Software Product and destroy all copies of the Software Product and all of its component parts in your possession or under your control. 3. COPYRIGHT. Except for the limited license rights granted in this EULA, all right, title, and interest in and to the Software Product (including, but not limited to, any images, photographs, animations, video, audio, music, text, computer code or applets incorporated into the Software Product), the accompanying printed materials, if any, and any copies of the Software Product are owned by Tracer Technology Systems. All rights in and to the content that may be accessed through use of the Software Product is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants no rights to use such content. All rights not expressly granted are reserved by Tracer Technology Systems and/or the owner(s) of the Software Product or other materials. 4. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software Product and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth is 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 Tracer Technology Systems, Inc., 1035 Cerise Rd., Billings, MT 59101, USA. 5. EXPORT RESTRICTIONS. You may not export or re-export the Software Product, any part thereof, or any process or service that is the direct product of the Software Product (the foregoing collectively referred to as the "Restricted Components"), to any country, person, entity, or end user subject to U.S. export restrictions. You specifically agree not to export or reexport any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any end user who you know or have reason to know will utilize the Restricted Components in the design, development, or production of nuclear, chemical, or biological weapons; or (iii) to any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. Government. You represent and warrant that no governmental authority has suspended, revoked, or denied your export privileges. 6. LIMITED WARRANTY AND EXCLUSIVE REMEDIES Limited Warranty. Tracer Technology Systems warrants solely to the person who directly acquires each license from Tracer Technology Systems (and not to any transferee of the person who directly acquires each license from Tracer Technology Systems) that the Software Product will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days after the date of receipt by you. Where the Software Product is provided to you for use by others, the warranty period begins to run when you first receive access to the Software Product, regardless of whether and/or when any other person uses the Software Product. Limited Remedies. Tracer Technology Systems and its suppliers' entire liability and your exclusive remedy shall be, at Tracer Technology Systems' option, either (a) return of the price paid, if any, or (b) repair or replacement of the Software Product that does not meet the limited warranty. This limited warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, or failure to follow the instructions or documentation. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days after receipt by you, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Tracer Technology Systems are available without proof of purchase from an authorized international source. No Other Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS EULA, TRACER TECHNOLOGY SYSTEMS PROVIDES THE Software Product AND ANY SUPPORT SERVICES WITH ALL FAULTS; THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU; AND TRACER TECHNOLOGY SYSTEMS MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE Software Product OR SUPPORT SERVICES, AGAINST INFRINGEMENT, OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY. TRACER TECHNOLOGY SYSTEMS MAKES NO WARRANTY REGARDING NETWORK AVAILABILITY. YOU ARE SOLELY RESPONSIBLE FOR HAVING A BACKUP SYSTEM IN PLACE. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRACER TECHNOLOGY SYSTEMS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE Software Product OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TRACER TECHNOLOGY SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, TRACER TECHNOLOGY SYSTEMS'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE Software Product LICENSE OR $5.00. Magnuson-Moss Warranty Act and Similar Law. It is the understanding of Tracer Technology Systems that the Software Product, as a Software Product, is not subject to the Magnuson-Moss Warranty Act or any other similar state or federal law. Solely in the case that such law is held to apply to the Software Product: This limited warranty gives you specific legal rights. You may have other rights that vary from state/jurisdiction to state/jurisdiction; Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the limitations above may not apply to you; and Because some states/jurisdictions do not allow the exclusion or limitation of certain finds of liability, some or all of the above limitations on liability may not apply to you. 7. GOVERNING LAW; VENUE This EULA is governed by the laws of the State of Montana and the federal law of the United States of America, without regard for their conflict of law principles. If you bring any action or claim arising under or related to this EULA, you may do so only in the Montana state courts sitting in Yellowstone County, Montana or in the United States District Court for the District of Montana. 8. ENTIRE AGREEMENT; SEVERABILITY This EULA (including any addendum or amendment to this EULA that is included with the Software Product) is the entire agreement between you and Tracer Technology Systems relating to the Software Product and the support services (if any), and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Tracer Technology Systems policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Tracer Technology Systems reserves the right to change this licensing agreement at any time. The current version of this agreement shall be posted at all times at http://link-comm.com/index.php/site/terms. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND YOU UNDERSTAND THAT BY USING THE Software Product, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA. YOU FURTHER AGREE THAT, EXCEPT FOR SEPARATE WRITTEN AGREEMENTS, IF ANY, BETWEEN TRACER TECHNOLOGY SYSTEMS AND YOU SIGNED BY BOTH TRACER TECHNOLOGY SYSTEMS AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. © 2012 TRACER TECHNOLOGY SYSTEMS, INC. ALL RIGHTS RESERVED.
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