END-USER LICENSE AGREEMENT for 'ONTRAK.'™ by SHERLOCK SOFTWARE / Finlane Pty. Ltd. ("SHERLOCK SOFTWARE") Note: Boss ONTRAK, also ESP Scheduling is a licensed version of ONTRAK
IMPORTANT-READ CAREFULLY: The SHERLOCK SOFTWARE (Australia) End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity or company) and the SHERLOCK SOFTWARE product identified above, which includes computer software, web cloud base software and associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use this SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws of Australia and other international treaties as well as other intellectual property laws.
The SOFTWARE PRODUCT is licensed by SHERLOCK SOFTWARE and never sold.
The ONTRAK™ program/system is licensed to the company and/or licensee identified in the ONTRAK™ order form. The ONTRAK™ program/system including the user manual(s) and other online help systems and information are copyright materials and all rights are reserved worldwide. This document may not, in whole or in part, be sold, be copied, photocopied, digitised, reproduced, translated, or reduced to any electronic medium or machine readable form without prior consent in writing from SHERLOCK SOFTWARE. The ONTRAK™ user manual(s) may contain samples of names and addresses, vechicles, images used to illustrate features and capabilities of the ONTRAK™ system. Any similarities to names and addresses, vehicles of actual individuals or cars or places are purely coincidental.
This product is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk related to the quality and performance of the product is on the user. In the event that there is any defect, you assume the entire cost of all necessary servicing, repair or correction. In the event a court awarded damages the entire limit of damages is set to be $20.00 AUS.
This document is subject to change without notice and does not represent a commitment on the part of SHERLOCK SOFTWARE, Finlane Pty/ Ltd. It is unlawful to copy this software onto CD, DVD, magnetic tape, USB keydrive or upload to FTP site or social network or any other medium for any purpose other than as a backup in the normal course of use of the system in a commercial environment. The system uses Sherlock ONCLOUD® technology and is backed up and not access beyond user access to backend systems provided.
To install and/or use the ONTRAK™ system is your acceptance of the EULA terms and bound by the terms outlined. The ONTRAK™ system is financially licensed to individual companies as set out in the order form and to the name supplied in this order form. If either of these change the license fees for a re-license may apply. If a ONTRAK™ installation is not financial in regard to their license fee set and updated by 'Sherlock Software' from time to time, software support and access will be suspended. The later may lock the user(s) out completely or not allow the addition or deletion of any data and suspend upload facilities, SMS access, Google maps and report access including entry and maintenance of jobs until the license is paid in full. We guarantee flexible terms including Direct Debit, Credit Card, Cheque, Cash and payment periods of Quarterly, Half Yearly and Annual or bi-annual payments.
GRANT OF LICENSE.
This EULA grants you the client, a workshop the following rights:
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, ideas, reports, text incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT and reports are owned exclusively by Sherlock Software.
The SOFTWARE PRODUCT is protected by copyright laws, free trade agreements and international treaty provisions.
Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
© Copyright SHERLOCK SOFTWARE, Finlane Pty. Ltd. 1980 - 2016. All Rights Reserved.
ONTRAK system analysis, design, graphics and implementation by employees of Sherlock Software, Finlane Pty. Ltd.
ONTRAK User Manuals, documentation and source-code written by employees of 'SHERLOCK SOFTWARE'.