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This is an Agreement between you, the end user, and Optimistic, Ltd. By using the Optimistic Software (a.k.a. optimistic Web Portal), data, and documentation (the System”), you are agreeing to bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, you may not use the System.
Copyright laws protect the entire System, including the software, documentation (including installation guide and help screens), data mining algorithms, screen displays, and reports. You have no ownership rights in the System. Rather, you have a license to use the System as long as this Agreement remains in full force and effect.
Permitted Use. If you have purchased a valid license, this Agreement permits you to use the System on a non-exclusive basis for personal, reference or business purposes, all as further set forth later in this Agreement. You may use the System for personal usage, as instructed by the documentation to perform its designed functions only for the purposes authorized by this Agreement. Legend. Any System output that provided to a third party must include the following credit and copyright notice: ' 'Copyright ©optimistic, Ltd. All Rights Reserved. You may not remove, alter, or conceal any copyright or trademark notices appearing on any System output. You understand and agree that the trademarks, trade names, service marks, copyrights and other proprietary rights of optimistic are and shall remain the sole and exclusive property of optimistic, and that you will not hold yourself out as having any ownership rights thereto. You further agree that you will make no use of such rights except as provided in this Agreement.
No Commercial Use. You do not have the right to sell or to reproduce or distribute for sale, any part of the System or output of the System alone or in combination with any other text, data, software, or graphic matter.
No Interactive Use. You do not have the right to combine the System interactively with the operation of other software unless licensed to do so by optimistic.
No Modifications or Decompilation. You have no right to modify the System in any way, incorporate any part or product of it into a compilation or create any derivative work. You may not reverse engineer, decompile, disassemble or otherwise access source code or the logical structure and contents of the System database.
No Third Party/Service Bureau Use. You may not (a) permit any third party to use the System or transfer, disclose or otherwise make available the System to any third party; (b) use the System in the operation of a service bureau. You agree to secure and protect the System in a manner consistent with the maintenance of optimistic’s rights therein and to take appropriate action by instruction or agreement with the other users under your account who are permitted access to the System to satisfy your obligations hereunder.' '
No Ownership of Vehicle Data. You agree that optimistic remains the sole owner of optimistic Software, all representations and derivatives of optimistic Analytics and reports generated from the vehicles using optimistic.
No Copies. The copying of the System, any portion of the System, or any of the printed materials accompanying the System is strictly prohibited.
No Malicious Intent. You shall not use the optimistic Software for any malicious purposes including but not limited to working for a competing business(s) or agencies as determined solely by optimistic.
No Unlawful Use or Objectionable Content. You shall not use the optimistic Software in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Software and its components or infringes on the rights of another party. You shall not use the the optimistic Software to determine the location or movement of another person or entity without the consent of that person or entity in the states and/or countries where tracking is legally prohibited. You agree to indemnify optimistic for all liabilities for such unlawful usage. You also agree to reimburse optimistic ' 'for any costs that optimistic incurs resulting from your unlawful usage of optimistic. You shall not modify, adapt or hack any protected (encrypted or compiled) parts of the Software, or otherwise attempt to gain unauthorized access to those parts or its related systems or networks. You undertake not to promote any material including product reviews ' 'that are unlawful, threatening, abusive, malicious, defamatory, profane, false, materially inaccurate, or otherwise objectionable. You will not reproduce, publish, or distribute content in connection with the Software that infringes any optimistic or any other third party’s trademark, copyright, patent, trade secret, publicity, privacy, or other personal or proprietary right. optimistic offers no assurance that Your use of the optimistic Software under the terms of the EULA will not violate any law or regulation applicable to You.
Review Rights. Users may post reviews and comments about the optimistic branded product at the' 'www.optimistic.lv' 'or any other third party website as long as they are factually correct. Users do not have any rights to reproduce and distribute photographs of the optimistic user interface in any form whatsoever. optimistic reserves all rights to terminate any user account if optimistic decides any review to be factually incorrect or inappropriate in its sole discretion and pursue all possible options under the court of law. optimistic reserves all rights to remove any review or related material that it deems inappropriate at its sole discretion.
If you do post review content or submit material at' 'www.optimistic.lv' 'or any other third party website regarding Optimistic products and unless we indicate otherwise, you grant optimistic a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant optimistic and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify optimistic for all claims resulting from content you supply. optimistic has the right but not the obligation to monitor and edit or remove any activity or content. optimistic takes no responsibility and assumes no liability for any content posted by you or any third party.
All rights not specifically granted by this Agreement are reserved by optimistic.