Do you agree to the following terms and conditions of purchase?
DGI TRAFFIC CORPORATION BRANDED SOFTWARE
END USER LICENSE AGREEMENT
IMPORTANT: READ THIS LICENSE AGREEMENT BEFORE INSTALLING THE SOFTWARE.
NOTICE: BY OPENING AND INSTALLING DGI TRAFFIC BRANDED SOFTWARE YOU AGREE TO ACCEPT ALL THE TERMS AND CONDITIONS SET FORTH IN THIS END USER LICENSE AGREEMENT.
If you do not agree with the terms and conditions of the “End User License Agreement”, return this package to DGI Traffic Corporation (“DGI”) or to the licensed distributor where you obtained it. The enclosed download contains DGI Traffic Corporation Branded Software (“Software”) which includes all editions of MUTCD Sign Software, FHWA Series Font Software and Clearview Series Font Software and any additional Software Components (“Components”) licensed by DGI Traffic Corporation. The enclosed download contains DGI Traffic Corporation Branded Software (“Software”), including but not limited to, sign metrics, mathematical algorithms, control points and vertices (“Sign Outlines”), typefaces (“Fonts”) and rasterized bitmap sign images (“Sign Bitmaps”) including but not limited to, font metrics, mathematical algorithms, control points and vertices (“Font Outlines”), typefaces (“Fonts”) and rasterized bitmap font images (“Font Bitmaps”). These components (“Components”), documentation (if any), upgrades, updates, and all additions shall constitute DGI Traffic Corporation Branded Software (“Software”) which in licensed to you non-exclusively by DGI and its licensed distributors. DGI grants you this license to use the “Software” provided you agree to the following:
1. Usage.
The permitted number of computers (“Permitted Number of Computers”) on which the DGI Traffic Corporation Branded Software (“Software”) may be installed is limited to a maximum of one (1) primary computer and one (1) backup computer at a single location unless a separate network license has been purchased. The software may not be installed on a local area network server(s) (“LAN Server”) unless licenses for each workstation with access to the software installed on the server have been purchased from DGI or a DGI authorized distributor. DGI does not permit the software to be installed on wide area network server(s) (“WAN Server”) without audited user access. Please contact DGI or a DGI authorized distributor if you require a wide area network installation. The maximum permitted number of computers is an aggregate, and therefore independent of the operating system used to access the software. If you have contracted with DGI or a DGI authorized distributor to license the software on more than one (1) primary computer and one (1) backup computer, this will be indicated on your purchase agreement. DGI prohibits the copying of the software, other than making a single backup copy, provided this copy is not used concurrently with the primary licensed computer or if you have purchased a network license. DGI prohibits distribution of the software to service bureaus, or any locations or third parties (including inter-office transfers) unless they have purchased software licenses directly from DGI or a DGI authorized distributor. DGI prohibits modifying the software for use in other operating environments or for the purpose of unauthorized duplication or for uses other than deemed acceptable by DGI. For uses not covered in the usage section, contact DGI Traffic Corporation (“DGI”) or a DGI authorized distributor.
2. Copyright.
DGI Traffic Corporation Branded Software (“Software”) is copyrighted material. The software, outlines, metrics and control vertices, and any associated code are owned by DGI. The software is also protected by United States and International Copyright Laws and International Treaty provisions. You may not copy the software or associated materials, except as set forth in the “Usage” section. Any and all copies that you are licensed to make are also DGI copyrighted materials. DGI prohibits any alterations to the software outlines, metrics and any associated code or extractions of the software outlines, metrics and any associated code except as set forth in the “Usage” section. All other uses of the software are strictly prohibited and an infringement of copyright. DGI Traffic Corporation Branded Software End User License Agreement does not grant you any intellectual property rights to the software.
3. Transfer.
DGI prohibits renting, leasing, sub-licensing or lending the software. You may transfer your usage rights for the software to another person or legal entity provided that you transfer the DGI Traffic Corporation Branded Software End User License Agreement, the software, including all copies, updates, and prior versions to the purchasing party and that you retain no copies, including copies stored on any computers or storage media.
4. Limited Warranty.
DGI warrants to you that the software will perform in accordance with standards outlined by DGI for a thirty (30) day period following your receipt of the software. The current usage standard as outlined by DGI is that all software and software components shall be accessible to users of the computer platform or operating system for which the software is supplied, provided the installation is in accordance with accepted practice as outlined in the applicable platform or operating system user manual. To make a warranty claim, you must return the software to DGI or a DGI authorized distributor with your invoice/sales receipt within the thirty (30) day period. If the software does not perform in accordance with standards outlined by DGI, the entire and exclusive liability and remedy shall be limited to either, at DGI’s option, the replacement of the software or modification of the software to accommodate the user’s requirements. DGI AND ITS AGENTS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THE AFOREMENTIONED STATES THE SOLE AND EXCLUSIVE REMEDIES FOR DGI OR ITS AGENTS BREACH OF WARRANTY. EXCEPT FOR THE LIMITED WARRANTY, DGI AND ITS ASSOCIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL DGI OR ITS AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR SAVINGS, EVEN IF DGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some US States and jurisdictions do not permit the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days. This warranty gives you specific legal rights. You may have other rights which vary from State to State or jurisdiction to jurisdiction. For detailed warranty information, please contact DGI Traffic Corporation (“DGI”).
5. U.S.A. Government End Users.
As outlined, were applicable, in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, the software is a “Commercial Item,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S.A. Government end users only as Commercial Items and with only those rights as are granted to all other End Users pursuant to the terms and conditions of the DGI Traffic Corporation Branded Software End User License Agreement. Unpublished-rights reserved under the copyright laws of the United States of America.
R2018-07-14
END USER LICENSE AGREEMENT
IMPORTANT: READ THIS LICENSE AGREEMENT BEFORE INSTALLING THE SOFTWARE.
NOTICE: BY OPENING AND INSTALLING DGI TRAFFIC BRANDED SOFTWARE YOU AGREE TO ACCEPT ALL THE TERMS AND CONDITIONS SET FORTH IN THIS END USER LICENSE AGREEMENT.
If you do not agree with the terms and conditions of the “End User License Agreement”, return this package to DGI Traffic Corporation (“DGI”) or to the licensed distributor where you obtained it. The enclosed download contains DGI Traffic Corporation Branded Software (“Software”) which includes all editions of MUTCD Sign Software, FHWA Series Font Software and Clearview Series Font Software and any additional Software Components (“Components”) licensed by DGI Traffic Corporation. The enclosed download contains DGI Traffic Corporation Branded Software (“Software”), including but not limited to, sign metrics, mathematical algorithms, control points and vertices (“Sign Outlines”), typefaces (“Fonts”) and rasterized bitmap sign images (“Sign Bitmaps”) including but not limited to, font metrics, mathematical algorithms, control points and vertices (“Font Outlines”), typefaces (“Fonts”) and rasterized bitmap font images (“Font Bitmaps”). These components (“Components”), documentation (if any), upgrades, updates, and all additions shall constitute DGI Traffic Corporation Branded Software (“Software”) which in licensed to you non-exclusively by DGI and its licensed distributors. DGI grants you this license to use the “Software” provided you agree to the following:
1. Usage.
The permitted number of computers (“Permitted Number of Computers”) on which the DGI Traffic Corporation Branded Software (“Software”) may be installed is limited to a maximum of one (1) primary computer and one (1) backup computer at a single location unless a separate network license has been purchased. The software may not be installed on a local area network server(s) (“LAN Server”) unless licenses for each workstation with access to the software installed on the server have been purchased from DGI or a DGI authorized distributor. DGI does not permit the software to be installed on wide area network server(s) (“WAN Server”) without audited user access. Please contact DGI or a DGI authorized distributor if you require a wide area network installation. The maximum permitted number of computers is an aggregate, and therefore independent of the operating system used to access the software. If you have contracted with DGI or a DGI authorized distributor to license the software on more than one (1) primary computer and one (1) backup computer, this will be indicated on your purchase agreement. DGI prohibits the copying of the software, other than making a single backup copy, provided this copy is not used concurrently with the primary licensed computer or if you have purchased a network license. DGI prohibits distribution of the software to service bureaus, or any locations or third parties (including inter-office transfers) unless they have purchased software licenses directly from DGI or a DGI authorized distributor. DGI prohibits modifying the software for use in other operating environments or for the purpose of unauthorized duplication or for uses other than deemed acceptable by DGI. For uses not covered in the usage section, contact DGI Traffic Corporation (“DGI”) or a DGI authorized distributor.
2. Copyright.
DGI Traffic Corporation Branded Software (“Software”) is copyrighted material. The software, outlines, metrics and control vertices, and any associated code are owned by DGI. The software is also protected by United States and International Copyright Laws and International Treaty provisions. You may not copy the software or associated materials, except as set forth in the “Usage” section. Any and all copies that you are licensed to make are also DGI copyrighted materials. DGI prohibits any alterations to the software outlines, metrics and any associated code or extractions of the software outlines, metrics and any associated code except as set forth in the “Usage” section. All other uses of the software are strictly prohibited and an infringement of copyright. DGI Traffic Corporation Branded Software End User License Agreement does not grant you any intellectual property rights to the software.
3. Transfer.
DGI prohibits renting, leasing, sub-licensing or lending the software. You may transfer your usage rights for the software to another person or legal entity provided that you transfer the DGI Traffic Corporation Branded Software End User License Agreement, the software, including all copies, updates, and prior versions to the purchasing party and that you retain no copies, including copies stored on any computers or storage media.
4. Limited Warranty.
DGI warrants to you that the software will perform in accordance with standards outlined by DGI for a thirty (30) day period following your receipt of the software. The current usage standard as outlined by DGI is that all software and software components shall be accessible to users of the computer platform or operating system for which the software is supplied, provided the installation is in accordance with accepted practice as outlined in the applicable platform or operating system user manual. To make a warranty claim, you must return the software to DGI or a DGI authorized distributor with your invoice/sales receipt within the thirty (30) day period. If the software does not perform in accordance with standards outlined by DGI, the entire and exclusive liability and remedy shall be limited to either, at DGI’s option, the replacement of the software or modification of the software to accommodate the user’s requirements. DGI AND ITS AGENTS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THE AFOREMENTIONED STATES THE SOLE AND EXCLUSIVE REMEDIES FOR DGI OR ITS AGENTS BREACH OF WARRANTY. EXCEPT FOR THE LIMITED WARRANTY, DGI AND ITS ASSOCIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL DGI OR ITS AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR SAVINGS, EVEN IF DGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some US States and jurisdictions do not permit the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days. This warranty gives you specific legal rights. You may have other rights which vary from State to State or jurisdiction to jurisdiction. For detailed warranty information, please contact DGI Traffic Corporation (“DGI”).
5. U.S.A. Government End Users.
As outlined, were applicable, in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, the software is a “Commercial Item,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S.A. Government end users only as Commercial Items and with only those rights as are granted to all other End Users pursuant to the terms and conditions of the DGI Traffic Corporation Branded Software End User License Agreement. Unpublished-rights reserved under the copyright laws of the United States of America.
R2018-07-14
