By using this software you accept the following terms of this License Agreement.
If you do not agree with these terms, you should not install or use the software
and promptly return it for a refund.
By clicking the "I accept" and "Next" buttons below, or by installing, or
otherwise using the software (sometimes also referred to herein as "ShipRush"),
you agree to be bound by the terms of this License Agreement, whether or not you
decide to purchase the software. If you are installing the software for your
company, you agree that your company will be bound by this Agreement.
You agree that this agreement is enforceable like any written agreement
negotiated and signed by you or by an executive of your company.
Your right to access and use the software and documentation is for the limited
time of a subscription. If the subscription expires, is not renewed or the
applicable subscription fee is not paid, your right to access and use the
software and documentation will end.
This license restricts access to developer tool kits by competitors of the
Descartes Systems Group Inc. and any of its affiliates.
The Descartes Systems Group Inc. ("Descartes Canada"), a Canadian company retains ownership
of this copy of the enclosed software package. It is licensed to you by our affiliate Descartes Systems (USA) LLC ("Descartes US") for use under the conditions set out below. For purposes of this license The Descartes Systems Group Inc. and Descartes Systems (USA) LLC may be collectively referred to as "Descartes".
Grant of License
The ShipRush License comes in four versions. Consult your invoice to determine
which license you have.
1) Single User License: This is for single-users of ACT!, GoldMine, Outlook,
QuickBooks and other programs. If ACT!, GoldMine, Outlook, QuickBooks, or your
host application is running on a network, see the Multi-User license below. The
Single User License may be installed on a single PC. If uninstalled from that
PC, it can be installed on another PC. At no time may the license be installed
on more than one PC.
2) Multi-User Network License: Multi-user databases (including QuickBooks,
ACT!, GoldMine, SalesLogix, Outlook and other programs when these products run
on a network) must purchase either a Multi-User or Custom/Site License. This
multi-user ShipRush license must match or exceed the user license of the contact
manager. The Multi-User license allows ShipRush to be installed on the number
of PC's indicated on your invoice or license certificate.
Note that a multi-user license is required for systems running QuickBooks
Premier and QuickBooks Enterprise. A single user version of ShipRush is not to
be used with these versions of QuickBooks.
3) Custom or Site License: Refer to your invoice or license certificate for
4) Developer related license. The type and terms of the license for the Software
Developer Kit ("SDK"), Web Application Developer Kit for ShipRush ("WADKS") or
other types of developer related software (collectively, "Developer Related
Software") will be described in your invoice or purchase record from Descartes US.
Upon your acceptance of this software license agreement, Descartes US grants you a
non-exclusive, non-transferable, limited license to install and use a copy of
the software on your compatible computer, up to the Permitted Number of
computers. The Permitted Number of computers shall be delineated at such time as
you elect to purchase the software. During the evaluation period only a single
user may install and use the software on one computer.
In addition, for Developer Related Software, Descartes US grants you a non-exclusive,
non-transferable, limited license to compile into executable form and
redistribute necessary parts of the applicable ShipRush developer's kit software
(e.g. type libraries, header files, constants and related). Such elements are to
be distributed in object-code form only.
For licenses of Developer Related Software, licensee may not distribute or
redistribute, sublicense, sell, or transfer to a third party any part of the
Developer Related Software, except as provided above.
This software may NOT be transferred to other parties. The license is granted
only to you, and it may not be rented, sold, leased, or otherwise transferred to
any other party.
This license is not perpetual. Licenses to ShipRush are for a finite period of
time, and must be periodically renewed. Any license provided to you at no charge
to you may be revoked or disabled at any time.
For licenses of Developer Related Software, licensee shall keep confidential any
and all information revealed to it by Descartes, whether written or oral, related
to the ShipRush developer kit software (collectively, the "Information").
Information includes, without limitation, executable code, developer kit
application program interfaces (APIs), module interfaces, testing tools,
documentation, videos, sample applications (both source and object code
versions), communications with Descartes’ technical support, and pricing and
licensing terms of the software. Failure to mark any of the Information as
confidential or proprietary shall not affect its status as Information under the
terms of this Agreement. Licensee must take all reasonable measures to protect
the secrecy of and avoid disclosure and unauthorized use of the Information.
Without limiting the foregoing, licensee must take at least those measures that
licensee takes to protect it own most highly confidential information.
An internet connection is required.
Use of this software requires that your company register with Descartes US. ShipRush
will automatically send registration information to Descartes US via internet or other
means. Registration information will include your name, company, mailing
address, and information needed to identify you to the shipping carrier.
ShipRush may read information from your computer that Descartes US deems necessary in
order to identify you and/or your PC. Misrepresentation of registration
information invokes automatic Termination of your license to use ShipRush.
Automatic re-registration may be triggered if license information or shipper
account information is updated or changed.
ShipRush will also keep track of how it is used. This information is made of
high level counters. This information is automatically uploaded to Descartes US.
Shipment details are never sent to Descartes US, but are sent to the shipping carrier.
All data sent to Descartes US is kept confidential, and is used for product
improvement and product management purposes. Data sent to Descartes US may be shared
with shipping carriers and software firms with which Descartes US has a relationship
or integrates with.
Additionally, you agree to receive unsolicited emails, faxes, phone calls, and
other communications from Descartes US.
Evaluation copies of ShipRush are limited to a certain duration. If you choose
not to purchase a ShipRush license during the period of the evaluation, remove
ShipRush by uninstalling it and deleting any ShipRush related files.
Ideas & Feedback submitted to Descartes US
You acknowledge and agree that submission of feedback, suggestions, and ideas
(collectively, "Ideas"), either orally or in writing to anyone at Descartes US, or
anyone acting as an agent, reseller, consultant, or other party, will not in any
way establish a confidential relationship with Descartes US, nor will it place Descartes US
in the position of receiving a disclosure in trust.
Descartes US will not be obligated and makes no commitment to treat or maintain Ideas
which you submit as confidential. In addition, you do not expect any type of
payment or remuneration from Descartes US for Ideas. You agree that all documents,
materials and intellectual property submitted to Descartes US will become the property
of Descartes US unless Descartes US agrees otherwise in writing. No obligation is assumed or
may be implied on the part of Descartes US by receipt or examination of the Idea
submission including, without limitation, any obligation to use the Ideas, to
compensate you, or otherwise enter into an agreement with you.
You may not copy the documentation or software except as described in the
installation section of this manual. You may not distribute, rent, sub-license
or lease the software or documentation, including translating, decompiling,
disassembling, or creating derivative works. You may not reverse-engineer any
part of this software, or produce any derivative work. You may not make
telecommunication transmittal of this software.
This license and your right to use this software automatically terminates if you
fail to comply with any provision of this license agreement.
Additionally, neither Descartes US nor the shipping carrier provide guarantee or
warrantee that this software will continue to function or to reinstall.
Descartes US retains all rights not expressly granted. Nothing in this license
agreement constitutes a waiver of Descartes' rights under the U.S. copyright laws
or any other Federal or State law.
You acknowledge and agree that ShipRush contains Descartes Canada's intellectual property,
including trademark, copyright and patentable material. You agree not to
infringe Descartes Canada's intellectual property.
Control of the ShipRush product resides with both Descartes US and the shipping
carriers. These license terms are subject to change at any time.
If physical defects are found in the media, Descartes US will replace the media or
documentation at no charge to you, provided you return the item to be replaced
with proof of payment to Z-Firm during the 90-day period after having taken
delivery of the software.
ALTHOUGH DESCARTES HAS TESTED THE SOFTWARE AND REVIEWED THE DOCUMENTATION, DESCARTES
MAKES NO WARRANTY OF REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT
TO THIS SOFTWARE OR DOCUMENTATION, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THIS SOFTWARE AND DOCUMENTATION
ARE LICENSED "AS IS" AND YOU, THE LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO
ITS QUALITY AND PERFORMANCE.
IN NO EVENT WILL DESCARTES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR
DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESCARTES SHALL
HAVE NO LIABILITY FOR ANY DATA STORED OR PROCESSED WITH THIS SOFTWARE, INCLUDING
THE COSTS OF RECOVERING SUCH DATA. YOUR SOLE REMEDY IS TO RETURN THE SOFTWARE
AND DOCUMENTATION TO DESCARTES US FOR REPLACEMENT.
THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL
OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. NO DESCARTES DEALER, AGENT, OR
EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS OR ADDITIONS TO THIS WARRANTY.
Information in this document is subject to change without notice and does not
represent a commitment on the part of Descartes US. The software described in this
document is furnished under this license agreement. The software may be used or
copied only in accordance with the terms of the agreement. It is against the law
to copy the software on any medium except as specifically allowed in the license
Some states do not allow the exclusion of implied warranties or liability for
incidental or consequential damages, so the above limitation or exclusion may
not apply to you. This warranty gives you specific legal rights, and you may
also have other rights which vary from state to state.
Not a Competitor of Descartes
For licenses of Developer Related Software, you represent and warrant that you,
and if applicable, your company, are not a competitor of Descartes or an employee,
director, officer, manager, agent, affiliate or advisor to a competitor. For
the purposes of this paragraph, "competitor" is defined to mean one of the
following: VTechnologies, Interapptive, Stamps.com, Endicia, Envelope Manager
Software, Pitney Bowes, development team and management of UPS WorldShip, FedEx
Ship Manager, DHL QuickShip, Paypal shipping team and USPS shipping software
If you breach the above representation and warranty, the license and all other
rights granted to you under this Agreement immediately and automatically
terminate. Any use of the software or documentation will entitle Descartes to
pursue all remedies for copyright infringement plus all other remedies available
at both equity and law.