The following terms of service govern all use of all products and services offered by Spring Trax, Inc. We encourage you to read these terms of service carefully before using our services.
End User License Agreement
This End User License Agreement ("Agreement") is a contract between the customer ("Licensee") and SpringTrax, Inc. ("Licensor") for the SpringTrax monitoring tool (the "Software").
Please read this agreement carefully. It contains important terms that affect licensee and their use of the software. By accepting or by installing or using the software, licensee agrees to be bound by the terms of this agreement including the disclaimers contained herein.
- License Grant. Licensor grants Licensee a non-exclusive, non-transferable license to the Software, subject to the terms and conditions in this Agreement.
- Permitted Uses. Licensee may install and use the software as configured by Licensor that Licensee has purchased. User may request changes in configuration for an additional fee.
- Restricted Uses.
- Distribution. Licensee may not distribute, license, loan or sell the Software or other content contained or displayed in the Software.
- Modification. Licensee may not modify, alter or create any derivative works of the Software.
- Reverse Engineering. Licensee may not reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from the Software.
- Proprietary Notices. Licensee may not remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Software.
- Fees and Payment.
- Fees. The Software license fees and Maintenance and Support fees will be due and payable in full to Licensor no later than 15 days after the date of Licensor's invoice.
- No Refunds. All Fees are non-refundable.
- Payment and Late Fees. Any amounts not paid within 15 days will be subject to interest charges of 1% of the overdue amount per month, or the highest rate allowable under law, whichever is less.
- Taxes. The fees paid by Licensee exclude all applicable use and other taxes and all applicable export and import fees, customs duties and similar charges.
- Location. All transactions are considered to occur at Licensee's location.
- Support and Maintenance. Licensor has no obligation to provide any support, maintenance, or other services. Licensor may elect to provide support, software upgrades, enhancements, or modifications for the Software, in its sole discretion, and may terminate such support at any time without notice to Licensee. Licensor may charge for support under with advance notice of fee to Licensee.
- Initial Term. This Agreement shall commence on date of activation.
- Renewal Term. This Agreement shall automatically be renewed, unless either party gives at least 30 days' written notice of cancellation to the other party prior to the expiration of the term then in effect. The Agreement will be renewed for an additional 12 months at the end of the license term. The Agreement will renew at the price at the end of the license term.
- No Warranties. (a) The Software is provided "as is" with all faults, defects and errors, and without warranty of any kind. (b) Licensor does not warrant that the Software will be free of bugs, errors, viruses or other defects, and Licensor shall have no liability of any kind for the use of or inability to use the software, the software content or any associated service.
- Disclaimer of Warranties. Licensor disclaims all [other] warranties, express, implied, arising by law or otherwise, regarding the software, the software content and their respective performance or suitability for your intended use, including without limitation any implied warranty of merchantability, fitness for a particular purpose[, or non-infringement].
- Ownership. Licensor or its suppliers own the title, copyright, and other intellectual property rights in the Software.
- Third Party Software. The Software may from time to time contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located on Licensor's Website at and are made a part of and incorporated by reference into this Agreement.
- Consent to the Use of Data. Licensee agrees that Licensor and its affiliates may collect and use technical information gathered as part of the product support services. Licensor may use this information solely to improve products and services and will not disclose this information in a form that personally identifies Licensee.
- Government End Users. If the Software and related documentation are supplied to or purchased by or on behalf of the United States Government, then the Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software". All other terms and conditions of this Software License apply.
- Obligations. Licensee agrees to comply with all applicable laws and regulations, including laws, regulations, orders or other restrictions on export, re-export or redistribution of software.
- Termination. Licensor may terminate this Agreement at any time for any reason or for no reason immediately upon 15 days written notice.
- Effect of Termination. In the event of the termination of this Agreement for any reason: (a) the license granted to Licensee in this Agreement will terminate; and (b) Licensee shall cease all use of the Software and destroy or erase all copies of the Software in licensee's possession or control.
- Indemnification. Licensee agrees to defend, indemnify, and hold harmless Licensor and its suppliers, and each of their respective officers, directors and employees, from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of Licensee's use of the Software or breach of this Agreement.
- Exclusive Remedy. Licensee's exclusive remedy and Licensor's entire liability for breach of this Agreement shall be limited, at Licensor's sole and exclusive discretion, to (a) replacement of any defective Software or documentation; or (b) refund of the license fee paid to Licensor, payable in accordance with Licensor's refund policy.
- Limitation of Liability. In no event will Licensor be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages or liabilities whatsoever arising from or relating to the software, the software content or this agreement, whether based on contract, tort (including negligence), strict liability or other theory, even if Licensor has been advised of the possibility of such damages.
- General Provisions.
- Entire Agreement. This Agreement constitutes the entire agreement between the Parties, and supersedes all prior agreements, representations and understandings of the Parties, written or oral.
- Counterparts. This Agreement may be executed in counterparts, each of which will be deemed to be an original, but all of which, taken together, will constitute one and the same agreement.
- Amendment. Licensor reserves the right, in its sole discretion, to amend this Agreement from time to time by posting amendments to the Licensor's web site. If the Licensee does not accept amendments made to this agreement, then this License will be immediately terminate.
- Notices. Licensor may deliver any notice required by this Agreement via pop-up window, dialog box or other device, even though you may not receive the notice unless and until you launch the Software. Any such notice will be deemed delivered on the date Licensor first makes it available through the Software, irrespective of the date of receipt.
- Assignment. This Agreement cannot not be assigned by either Party without the prior written consent of the other Party.
- Governing Law. This Agreement will be governed, construed, and enforced in accordance with the laws of Colorado, without regard to its conflict of laws rules.
- No Waiver of Rights. A failure or delay in exercising any right, power or privilege will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
- Severability. In the event a court of law finds any provision of this Agreement void and unenforceable, the remaining provisions shall remain in full force and effect.
Contacting SpringTrax, Inc.
If you have any questions about this Terms Of Service, the practices of Spring Trax, Inc., or your dealings with this site, please contact us at:
Spring Trax, Inc.
6732 W. Coal Mine Ave #445
Littleton, CO 80123
This document was last updated on May 16, 2014.