TrackEase Licensing Terms and Conditions
TrackEase Program Terms and Conditions
1) General
a) Terms
i) “We” and “us” refers to TrySixtyFour.com and Bruce Davenport.
ii) “Program” refers to TrackEase.exe written by TrySixtyFour.com.
iii) TrySixtyFour.com is wholly owned by Bruce Davenport.
b) The program is the sole property of TrySixtyFour.com.
2) Program Use
a) We are not responsible for how you chose to use this application.
b) Use of this application is intended single users in small businesses, small organizations
and personal use.
c) The encryption of your data in this program uses a proprietary algorithm unique to us.
i) There is no recovery for lost or forgotten encryption keys for your data.
ii) While it is our contention that our encryption provides a high level of security and
while your data is protected by both your encryption key and our algorithm, there is
no guarantee that your encrypted data cannot be cracked by extraordinary means.
3) Data Backups
a) The program creates backup copies of your data automatically for you.
b) Backup copies are accessible only with the encryption key in force at the time the backup
was made.
c) Securing backups and their associated encryption keys is your responsibility.
d) We are not responsible for you keeping your backups and storing them somewhere safe.
4) Data Compatibility
a) We agree to provide integrated upgrades of your data to remain compatible with program
upgrades to a minimum of one release level back and within a release level. More than
one level of backward compatibility can be provided at our discretion and provides no
guarantee of future increased levels of backward compatibility.
b) You agree to apply program updates as is prescribed by TrySixtyFour.com to maintain
support.
5) Protection of TrySixtyFour.com Intellectual property.
a) You agree to not reverse engineer the Program in whole or in part.
6) Liability of data accuracy
a) You assume sole responsibility for results obtained from the use of the program. We shall
have no liability for any damage caused by errors or omissions in any information.
7) Operating system and platform.
a) The program is developed for the Windows 10 operating system running on a monitor,
keyboard and mouse.
8) Third Party Copies
a) We shall not be liable for any damage resulting from any unlicensed or altered copies of
this program made by a third party.
9) Program licenses
a) A program license is purchased by you for the application is valid on the specific
computer the License Request string was obtained from.
b) The name and email address provided on the license purchase becomes the registered
license holder.
c) To the license holder, you
i) This license is transferable to the same person using a new computer or new primary
drive once per license term upon request to TrySixtyFour@gmail.com.
ii) You agree to receive from us information via email regarding program updates and
new template availability.
iii) In the event of any failure of the program to function as advertised by us:
(1) You have acted on reasonable corrective instructions from us, including program
currency.
(2) The function in question is included as a function of the program.
(3) You are entitled to a prorated refund your license purchase price.
d) Transfer of License
i) Licenses are assigned to a computer. You are the registered owner of the license.
ii) Should the computer with an assigned license change ownership:
(1) The license on it will remain in force allowing continued use of the program for
the length of time left with that license on that computer.
(2) The unregistered owner of the computer cannot transfer the license to another
computer.
(3) The unregistered owner is still bound by these terms and conditions.
10) Distribution
a) You are free to forward and distribute unaltered official templates for use within this
program.
11) Limitation of Liability
a) You hereby release TrySixtyFour.com and Bruce Davenport, its officers, directors,
agents, and employees from all claims, demands, and damages (actual and consequential)
of any kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of, or in any way, connected with use of this program.
12) Your Representations and Warranties
a) You represent and warrant that
i) Your use of the program will be in strict accordance with this Agreement and with all
applicable laws and regulations, including without limitation any local laws or
regulations in your country, state, city, or other governmental area, regarding online
conduct and acceptable content, and regarding the transmission of technical data
exported from the country in which you reside.
ii) Your use of the application will not infringe or misappropriate the intellectual
property rights of any third party.
13) Indemnification
a) You agree to indemnify and hold TrySixtyFour.com and Bruce Davenport and each of
our affiliates, successors and assigns, and their respective officers, directors, employees,
agents, representatives, licensors, advertisers, suppliers, and operational service providers
harmless from and against any and all losses, expenses, damages, costs and expenses
( including attorneys’ fees), resulting from your use of the program and/or any violation of
the terms of this Agreement. We reserve the right to assume the exclusive defense and
control of any demand, claim or action arising hereunder or in connection with the
program and all negotiations for settlement or compromise. You agree to fully cooperate
with us in the defense of any such demand, claim, action, settlement or compromise
negotiations, as requested by us.
b) As between you and us, we are the sole and exclusive owner of the licensee of all
intellectual property rights in the program, and in the material published on it. Those
works are protected by copyright and trademark laws and treaties around the world. All
such rights are reserved.
14) Severability
a) If any of these terms should be determined to be illegal, invalid or otherwise
unenforceable by reason of the laws of any state or country in which these terms are
intended to be effective, then to the extent and within the jurisdiction which that term is
illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms
of Use shall survive, remain in full force and effect and continue to be binding and
enforceable.