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- Name     : GTS Enterprise - Commercial Use License
- URL      : http://www.geotelematic.com
- File     : COMMERCIAL.txt
- Version  : 1.0
- Copyright: 2007-2013 GeoTelematic Solutions, Inc. - all rights reserved
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This package includes software modules from the COMMERCIAL release of the OpenGTS.
The software and libraries provided in this package may contain proprietary information
and may not be open-source.  To download the full Open-Source version of this software, 
please visit the OpenGTS project download link on SourceForge at the following link:

  http://sourceforge.net/project/showfiles.php?group_id=169519
  
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Except where explicitly noted,  the code in this package is proprietary and is not 
subject to the Apache Version 2 open-source license.  By using the software, you are 
agreeing to be bound by the terms of this license.

GeoTelematic Solutions (herin called "Software Provider") provides the computer 
software, documentation, and source code in this product (herin called "Licensed 
Software") and licenses its use to the party who purchases and uses this product (herin 
called "You").  Unless explicitly stated in the source code modules, portions of the 
code provided in this package are subject to the following terms and conditions:

BINARY LICENSE.

You have the non-transferable right to use this software on any number of computer 
systems you require within your computer network, when servicing/tracking the same set
of client vehicles/devices.

You may make as many machine readable copies of the Licensed Software for backup 
purposes as required by your backup processes.  You may not otherwise copy the Licensed 
Software in printed form.  As a condition of Your license under this Agreement, You must 
reproduce and include all copyright and other proprietary notices on the backup copy.

You may not transfer possession of Licensed Software, whether in part or in whole, to
other parties.  If the source code is not provided, you may not modify Licensed 
Software or disassemble it for the purpose of obtaining the source code. You agree not
to "reverse engineer" the Licensed Software or any portion of it or to permit such 
reverse engineering or otherwise reduce the Software to a human-perceivable form.

Use of the Licensed Software must be limited to tracking or monitoring for personal use,
or business equipment or personel, or for tracking or monitoring your client business 
equipment or personel.

RUN-TIME LIBRARY LICENSE. 

The licensed material covered by this agreement may include a set of designated modules 
(the "Run-Time Library"), all or a portion of which may be linked with modules produced 
from your own sources to become an integral part of an executable program. You may use 
such executable libraries without the payment of any additional license fees, 
provided that you indemnify and hold Software Provider and its suppliers harmless 
from any and all claims arising out of the sale, license, or any other use of such 
libraries.

SOURCE CODE. 

A portion of this software may be provided in source code form, constituting proprietary
information of Software Provider.  If provided, You may use these sources to customize 
the software for Your particular needs, or simply as supplementary documentation, but 
You may not distribute the sources in either their original or modified form.

RESTRICTIONS ON DISCLOSURE. 

You agree to use reasonable efforts, and to take the same precautions that You take to 
protect your own computer programs and other information of similar value that You do 
not wish to have disclosed or disseminated to others, to avoid disclosure or 
dissemination of any part of the Licensed Software, its documentation, or its source, 
to any third party by You and Your employees, agents or consultants (if any). These 
restrictions will not apply to any information that becomes publicly known, through no 
fault or breach on Your part, that Software Provider regularly provides third 
parties without restrictions on disclosure or that you receive from a third party 
rightfully and without restriction on disclosure.

OWNERSHIP.

You agree that Software Provider has and will retain all ownership rights in the 
Licensed Software and its documentation and all related patents, copyrights, trademarks, 
service marks, and other proprietary rights, and that You will have no interest in the 
Licensed Software and its documentation except the limited license provided under this 
Agreement.

NO OTHER LICENSE. 

No rights or licenses are granted by Software Provider under this License for the
portions of the software designated as proprietary, expressly or by implication, with 
respect to any proprietary information or patent, copyright, trade secret, or other 
intellectual property right owned or controlled by Software Provider, except as 
expressly provided in this License.

TERMINATION. 

This License is effective until terminated. You may terminate this License at any time 
by destroying the Software, related documentation and all copies thereof. This License 
will terminate immediately without notice from Software Provider if You fail to 
comply with any provision of this License. Upon termination You must destroy the 
Software, related documentation and all copies thereof which are in your possession or 
under Your control.

GOVERNMENT END USERS. 

If You are acquiring the Software on behalf of any unit or agency of the United States 
Government, the following provisions apply. The Government agrees the Software and 
documentation were developed at private expense and are provided with "RESTRICTED 
RIGHTS". Use, duplication, or disclosure by the Government is subject to restrictions as
set forth in FAR 52.227-14, DFAR 252.227-7013, its successors or applicable agency 
rights in technical data or computer software. In the event that this License, or any 
part thereof, is deemed inconsistent with the minimum rights identified in the 
Restricted Rights provisions, the minimum rights shall prevail.

DISCLAIMER OF WARRANTY ON SOFTWARE. 

You expressly acknowledge and agree that use of the Software is at your sole risk. The 
Software and related documentation are provided "AS IS" and without warranty of any kind
and Software Provider expressly disclaims all warranties, express and implied, 
including, but not limited to, the implied warranties of merchantability and fitness for
a particular purpose. Software Provider does not warrant that the features 
contained in the Software will meet Your requirements, or that the operation of the 
software will be uninterrupted or error-free, or that defects in the software will be
corrected. The entire risk as to the results and performance of the software is assumed 
by You. Furthermore, Software Provider does not warrant or make any representations 
regarding the use or the results of the use of the Software or related documentation in 
terms of their correctness, accuracy, reliability, currentness, or otherwise. No oral or
written information or advice given by Software Provider or Software Provider's 
authorized representative shall create a warranty or in any way increase the scope of 
this warranty. Should the software prove defective, You (and not Software Provider or a
Software Provider's authorized representative) assume the entire cost of all 
necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion 
of implied warranties, so the above exclusion may not apply to You.

LIMITATION OF LIABILITY. 

Under no circumstances including negligence, shall Software Provider, or its 
directors, officers, employees or agents, be liable to You for any incidental, indirect 
special or consequential damages (including damages for loss of business profits, 
business interruption, loss of business information, and the like) arising out of the 
use, misuse or inability to use the software or related documentation, breach or default 
including those arising from infringement or alleged infringement of any patent 
trademark, copyright or other intellectual property right by Software Provider, 
even if Software Provider or a Software Provider's authorized representative 
has been advised of the possibility of such damages. Some jurisdictions do not allow the
limitation or exclusion of liability for incidental or consequential damages, so the 
above limitation or exclusion may not apply to You. Software Provider will not be 
liable for 1) loss of, or damage to, your records or data or 2) any damages claimed by 
you based on any third party claim. In no event shall Software Provider's total 
liability to you for all damages, losses, and causes of action (whether in contract, 
tort, including negligence, or otherwise) exceed the amount paid by you for the Software.

CONTROLLING LAW AND SEVERABILITY. 

This License shall be governed by and construed under the laws of the state of California.  
If for any reason a court of competent jurisdiction finds any provision of this License 
or portion thereof, to be unenforceable, that provision of the License shall be enforced 
to the maximum extent permissible so as to effect the intent of the parties, and the 
remainder of this License shall continue in full force and effect.

COMPLETE AGREEMENT. 

This License constitutes the entire agreement between the parties with respect to the 
use of the proprietary portions of the Software and the related documentation, and 
supersedes all prior or contemporaneous understandings or agreements, written or oral, 
regarding such subject matter. No amendment to or modification of this License will be 
binding unless in writing and signed by a duly authorized representative of 
Software Provider.

