HCS+T7F Office License

HIGHWAY CAPACITY SOFTWARE TM AND TRANSYT-7F TM
HCS+T7F TM END USER LICENSE
Copyright 1990-2008 University of Florida

This unilateral contract is an agreement between you, the End User, and the University of Florida, acting for and on behalf of the Board of Trustees, for the benefit of McTrans.

YOU, THE END USER, BY THE ACT OF USING THE PROGRAMS CONTAINED ON THE DISK(S), AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. DO NOT USE THE SOFTWARE WITHOUT FIRST READING, UNDERSTANDING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

If you do not agree with the terms of this License, return the unused Software immediately to distributor from which it was obtained for a full refund. WARNING!! IF THE SEAL ON THE SOFTWARE PACKAGE IS BROKEN NO REFUND WILL BE GIVEN!

1. LICENSE. In Consideration of your payment of the required license fee, the McTrans Center, University of Florida (hereinafter called "McTrans"), hereby agrees to grant you (hereinafter called "End User") a nonexclusive, single office license to use the enclosed HIGHWAY CAPACITY SOFTWARE and TRANSYT-7F in HCS+T7F (hereinafter called "Software") subject to the terms and conditions set forth in this End User License Agreement.

2. OWNERSHIP. As a Licensee, End User owns the magnetic or other physical media on which the Software is originally or subsequently recorded. This License is not a sale of the Software or any copy thereof. The software is protected by United States and International copyright law and any infringement of this copyright is subject to prosecution, and will be prosecuted upon discovery. Violators are subject to both civil and CRIMINAL penalties.

3. USE: Office License. The Software may be used on any number of computers within End User's immediate office, which is defined as a single organizational unit or entity, having a unique function, comprising one or more contiguous rooms in a single location, and any and all persons using these copies are also End Users. End Users are also authorized to use the Software on portable computers while on official travel and on home computers, so long as all such use is on behalf of the office for which the Software License was purchased. Branch offices and sub-offices not located at the same geographic location are not licensed to use this software even if the software may be stored on a portable computer. If you have any questions as to the validity of your End User License, contact McTrans.

A Laboratory License authorizes End User to use the Software only within a laboratory, up to the permitted (purchased) number of copies, provided the use is supervised in a classroom setting and appropriate protection against students copying the Software for transporting out of the lab is in place. The responsibility for ensuring this protection of the Software rests with the End User. Multiple laboratories require multiple licenses. The Software may not be installed or used on any computer outside of the licensed laboratory under the Laboratory License, including (but not limited to) any office, home, networked or portable computer. If you have any questions as to the type or validity of your End User License, contact McTrans.

A Distance License allows you to install the permitted (purchased) number of copies of the Software on a terminal server within your internal network only for use of the Software initiated by an individual through commands, data or instructions (e.g., scripts) from a computer within the same internal network. The total number of users (not the concurrent number of users) permitted to use the Software on such terminal server may not exceed the permitted number.

The Software is not designed for network use and such use is not supported. However, one copy of the Software may be installed on the computer file server for the purpose of downloading and installing the Software onto other licensed End User's computers within the internal network or for the sole and exclusive purpose of using the Software through commands, data or instructions (e.g. scripts) from another licensed End User's computer on the internal network. No other network use is permitted, including but not limited to, using the Software either directly or through commands, data or instructions from or to a computer not already licensed and part of the internal network, for internet or web hosting services or by any user not licensed to use this copy of the Software through a valid license from McTrans.

WARNING!

If this License is for use in traffic and transportation applications, the Software may not be used for classroom or workshop instruction, demonstrations, conferences or other similar purposes, without the express, written consent of McTrans. (Contact McTrans for an Educational License.)

If this License is for use in training and/or educational applications, the Software may not be used for traffic and transportation applications or other similar purposes, without the express, written consent of McTrans. (Contact McTrans for an Applications License.)

4. COPY RESTRICTIONS. Unauthorized copying, distribution or dissemination of the Software is expressly forbidden. End User may be held legally responsible for any copyright infringement that is caused or encouraged by failure to abide by the terms of this License. Subject to these restrictions, End User may make copies of the Software for backup purposes, and for use of the Software on any computers located within its office complex, as described in paragraph 3. Under no circumstances may the Software or associated printed documentation be copied for sale, distribution or dissemination by any means, except as provided in paragraph 3, without the express, written consent of McTrans. End User may reproduce the associated documentation as necessary to use within the geographic office described herein. End User may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative work from the Software or any associated written materials without the prior written consent of McTrans. ANY SUCH ACTIVITY OR PRODUCT BECOMES THE ABSOLUTE PROPERTY OF McTRANS.

5. TRANSFER RESTRICTIONS. The Software is licensed only to End User and this License Agreement may not be assigned or transferred to anyone without the prior written consent of McTrans. Any authorized transferee of this Agreement shall be bound by the terms and conditions hereof. In no event may End User transfer, assign, rent, lease, sell or otherwise dispose of the Software on a temporary or permanent basis except as expressly provided herein.

6. REGISTRATION AND SUPPORT. This license is automatically registered to the person or agency who purchased it. If the End User wishes to change the registration, he or she must fill out and return the registration card contained in this package. Failure to comply with this section shall result in a violation of copyright and prosecution for the same. McTrans may from time to time revise or update the Software to correct bugs or add minor improvements. McTrans will supply, at its discretion, such minor updates to End User without additional charge, and will provide reasonable telephone support to End User during McTrans' normal business hours, (1) for one year after End User first pays the license fee applicable to full support services, and (2) for such subsequent periods for which End User shall have paid the fee established by McTrans for such full support services, if any. McTrans reserves the right to determine the reasonableness of the support. McTrans reserves the right to make substantial revisions and enhancements to the Software and to market such substantially revised versions as separate products. End User shall not be entitled to receive such separate products without additional charge. Upon release of any such revised version of the Software, McTrans' obligation to provide the above described technical support services to End User shall cease, unless End User chooses to pay to license the enhanced version of the Software, whether or not the End User has previously requested or received support on the prior version.

7. LIMITED WARRANTY AND LIMITATIONS OF REMEDIES. McTrans warrants the magnetic medium on which the Software is furnished to be free from defects in material and workmanship under normal use for a period of thirty (30) days from the date of delivery to End User as evidenced by a copy of invoice. McTrans' entire liability and End User's exclusive remedy shall be the replacement of any diskette found to be defective. Defective diskettes should be returned with a copy of End User's invoice, to the distributor from which the Software was obtained. End User agrees that it is the responsibility of End User to understand fully the limitations of and assumptions underlying the Software and not to make use of the Software without the assistance of personnel with appropriate expertise. End User accepts all responsibility for review, application, and the use of the program output and accepts all responsibility for certification that said output meets provisions of any applicable design code, standard or any project specification.

EXCEPT AS PROVIDED ABOVE, THE 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. McTRANS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET END USER'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH END USER. IN NO EVENT WILL McTRANS BE LIABLE TO END USER FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF McTRANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE ABOVE WARRANTY GIVES END USER SPECIFIC LEGAL RIGHTS AND END USER MAY ALSO HAVE OTHER RIGHTS IN THE UNITED STATES WHICH VARY FROM STATE TO STATE. USE OF THE SOFTWARE WHERE THE END USER BELIEVES OR HAS REASON TO BELIEVE THAT DAMAGE MAY OCCUR IS A VIOLATION OF ANY AND ALL WARRANTIES. McTRANS HAS NO KNOWLEDGE OF THE HARDWARE OR SOFTWARE CONFIGURATIONS OF THE END USER AND ASSUMES NO LIABILITY FOR THEIR DAMAGE.

8. TERMINATION. This License is effective from the date End User receives the Software and until terminated. End User may terminate it by returning or destroying all copies of the Software and associated documentation in End User's possession or control. If any of the terms and conditions of this License are broken by End User, the License shall terminate immediately.

9. GOVERNING LAW. This License Agreement shall be governed by the laws of the State of Florida, U.S.A. Jurisdiction shall be in the State of Florida and venue shall be in the United States District Court of the Northern District of Florida, Gainesville Division or in the Circuit Court, of the Eighth Judicial Circuit, in and for Alachua County Florida.

10. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and associated documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 52.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48CFR52.227-19. The contractor is McTrans Center, University of Florida, PO Box 116585, Gainesville, FL 32611-6585.

11. GENERAL. This License Agreement is the complete and exclusive statement of the agreement between End User and McTrans and supersedes any proposal or prior agreement, oral or written, and any other communications between End User and McTrans relating to the subject matter of this License Agreement. This License Agreement may only be modified by a written agreement made subsequent to the date hereof and signed by both parties.

12. SEVERABILITY. If any portion of this agreement shall be declared void or a nullity by a Court of competent jurisdiction then the remainder hereof shall survive and remain in full force and effect. Should you have any questions concerning this License, you may contact the McTrans Center, University of Florida, PO Box 116585, Gainesville, FL 32611-6585, U.S.A., [1] (352) 392-0378.