Software License Agreement

1. License

You may copy the Software onto a single computer for your commercial use, and you may make one back-up copy of the Software, subject to these conditions:

• You may not copy, modify, rent, sell, distribute or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software.
• You may not reverse engineer, decompile, or disassemble the Software.
• You may not sublicense or permit simultaneous use of the Software by more than one user.
• The Software may include portions offered on terms in addition to those set out here, as set out in a license accompanying those portions.

2. Ownership of Software and Copyrights

Title to all copies of the Software remains with Cargo Management System, LLC, or its suppliers. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software.

Cargo Management System, LLC may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support or update the Software. Except as otherwise expressly provided, Cargo Management System, LLC grants no express or implied right under Cargo Management System, LLC patents, copyrights, trademarks, or other intellectual property rights.

You may transfer the Software only if the recipient agrees to be fully bound by these terms and if you retain no copies of the Software.

3. Limited Media Warranty

If the Software has been delivered by Cargo Management System, LLC on physical media, Cargo Management System, LLC warrants the media to be free from material physical defects for a period of ninety (90) days after delivery by Cargo Management System, LLC. If such a defect is found, return the media to Cargo Management System, LLC for replacement or alternate delivery of the Software as Cargo Management System, LLC may select.

4. Exclusion of Other Warranties

EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Cargo Management System, LLC does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links, or other items contained within the Software.

5. Limitation of Liability

IN NO EVENT SHALL CARGO MANAGEMENT SYSTEM, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CARGO MANAGEMENT SYSTEM, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

6. Termination of This Agreement

Cargo Management System, LLC may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the Software or return all copies of the Software to Cargo Management System, LLC.

7. Applicable Laws

Claims arising under this Agreement shall be governed by the laws of Kentucky, excluding its principles of conflict of laws and the United Nations Convention on Contracts for the Sale of Goods. You may not export the Software in violation of applicable export laws and regulations. Cargo Management System, LLC is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Cargo Management System, LLC.

8. Disclaimer

This software is provided by Cargo Management System, LLC only for the convenience of its customers. THIS SOFTWARE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE. This software is furnished under license and may only be used or copied in accordance with the terms of the license. The software is subject to change without notice. Cargo Management System, LLC assumes no responsibility or liability for any errors, incompatibility issues, inoperability or inaccuracies that may appear in this software.