Below is the current text for the ParcelQuest Online User License and Software User License.
All users must accept the license terms and restrictions.
Online User License
This is a license, not a sale. This product is provided under the following license which defines what you may do with the product and contains limitations on warranties and/or remedies. This is a legal agreement between you (either an individual or an entity) and ParcelQuest. By clicking the button labeled "I Accept" and/or by using ParcelQuest Online, you agree to be bound by the terms of this Agreement.
1. GRANT OF LICENSE. This ParcelQuest License Agreement ("License") permits you ("Licensee") to access ParcelQuest Online ("Website"), including downloaded software, data, images, photographs, animations, video, audio, music, and text ("Content"), per the limitations of your selected subscription level, as long as your account remains active and in good standing.
2. USE LIMITED TO DESIGNATED USER OF LICENSEE. You qualify as a Licensee ("Licensee") by payment of the relevant subscription fee, maintaining your account in good standing, and by abiding by the terms of this License. Each Licensee is provided with unique username and password combinations ("Logins") used to access and use the Website. The number of Logins provided to each Licensee will depend on the subscription fee paid by Licensee. Multiple Logins are available for purchase by Licensee. Each Login may only be used by a single designated user of Licensee ("Designated User") and Designated Users may not share their Login with any other person, whether an employee of Licensee or not, unless approved in writing and in advance by ParcelQuest.
3. LIMITATIONS ON USE. You are prohibited from redistributing, selling, or publishing the Content of the Website, from performing automated searches of the Content, and from downloading any Content for use with any other commercial application(s) for sale or distribution. Upon termination and/or expiration of the License, you must immediately cease using the Website including Content, and any Content downloaded during the term of a license must be erased or destroyed and may not be used for any purpose. This License is granted on the strict conditions that: 1) You have completed the Customer Information section accurately and completely; 2) only the Designated User will use the Website and the Login will not be shared with any other person, whether an employee of Licensee or not; 3) you are not an owner, employee, representative, or in any way affiliated with, either directly or indirectly, any individual or entity presently engaged in any activity deemed to be in conflict with the interests of ParcelQuest or in competition with its activities; 4) you will employ all reasonable means to ensure that no other person or entity will have access to the Website using your Login(s), nor will anyone deemed to be in conflict with the interests of ParcelQuest have access to any electronic or printed materials which you obtain from the Website. If in the future you are determined by ParcelQuest to be in violation of any of the provisions of this License, your account will be terminated immediately, and legal action may be pursued.
4. COPYRIGHT. The Website (including Content) is owned or licensed by ParcelQuest and is protected by the United States copyright laws and international treaty provisions. The copyright and all other rights to the Website shall remain with ParcelQuest and its licensors. Therefore, you must treat the Website like any other copyrighted material (e.g., a book or musical recording). No part of this product or its contents may be sold, licensed, leased, duplicated, transferred or in any other manner commercially exploited except with the express written consent of ParcelQuest. You agree to take reasonable measures to ensure that such unauthorized use is not achieved.
5. DOWNLOADS. All software, data, images, links, user documentation or other information downloaded from the Website may be used only in accordance with this License.
6. OTHER RESTRICTIONS/COMPLIANCE WITH LAWS. Successful access to the Website using a valid Login provided by ParcelQuest is your proof of license to exercise the rights granted herein. You may not reverse engineer, decompile, or disassemble the Website, except to the extent that the foregoing restriction is expressly prohibited by applicable law. You shall use the data and images in accordance with the law. You shall not knowingly post on the Internet, or host or provide service to an Internet Web site that posts, or disclose, the home address or telephone number of any elected or appointed official, or of the official's residing spouse or child, in violation of California Government Code Section 6254.21.
7. WARRANTY. ParcelQuest represents and warrants that it has (i) title to the ParcelQuest Product; and (ii) the right to grant the licenses granted hereunder.
8. LIMITATION OF WARRANTY. Except as set forth above, the Website is produced and delivered "as is" without warranty of any kind, express or implied, including but not limited to, warranties of merchantable quality, merchantability or fitness for a particular purpose, or those arising by law, statute, or course of dealing. ParcelQuest does not warrant, guarantee, or make any representations regarding the use, availability, or the results, of the Website in terms of correctness, accuracy, reliability, or otherwise. The entire risk as to the results and performance of the Website is assumed by Licensee.
ParcelQuest shall not be liable to licensee or any third party for any direct, indirect, special, consequential, or incidental damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use of or inability to use the Website even if ParcelQuest has been advised of the possibility of such damages, or they are foreseeable. ParcelQuest is also not responsible for claims by a third party. The maximum aggregate liability to you shall not exceed the amount paid by you for the ParcelQuest Product. ParcelQuest's entire liability and licensee's sole and exclusive remedy as to any such ParcelQuest Product shall be, at ParcelQuest's option, either (a) return of the fees paid hereunder; or (b) replacement of such ParcelQuest Product that does not meet ParcelQuest's limited warranty. If failure of any ParcelQuest Product has resulted from accident, abuse, or misapplication, ParcelQuest shall have no responsibility to replace the ParcelQuest Product or refund the fees paid hereunder.
9. ASSIGNMENT. You may not assign or otherwise transfer the License to anyone, without ParcelQuest's prior written consent.
10. COMPLETE AGREEMENT. This License is the complete agreement between the parties, which supersedes and merges all prior understandings or agreements, whether oral or written, between the parties relating to the License.
11. NO WAIVER. The waiver or failure of a party to exercise any right provided for herein shall not be deemed a waiver of any further right under the License.
12. SEVERABLE. If any provision of the License is invalid, illegal, or unenforceable under any applicable statute or law, it is to that extent to be deemed omitted. The remainder of the License shall remain valid and enforceable to the maximum extent possible.
13. GOVERNING LAW AND JURISDICTION. The parties understand that the License and the resolution of any dispute related to the License shall be governed under the laws of the State of California, without giving effect to any principles of conflicts of law. Any legal action or proceeding for injunctive relief relating to the License shall be brought exclusively in a federal or state court of competent jurisdiction in the State of California, Sacramento County.
14. ARBITRATION. With the exception of the parties' rights to pursue injunctive relief hereunder, any dispute or claim in law or equity arising out of this Agreement shall be decided by binding arbitration. Any arbitration shall be conducted in Sacramento, California, in accordance with the rules of the American Arbitration Association.
15. ATTORNEYS FEES. In the event that legal action, arbitration or any other proceeding (legal, equitable, administrative or otherwise) is instituted by any party to enforce or interpret the provisions of the License, the prevailing party shall be entitled to recover reasonable costs and expenses, including actual attorneys' fees, from the non-prevailing party.