When you purchase TDS software you are agreeing to the TDS license that includes auto billing provisions (Section V. R) for annual updates, upgrades, program enhancements and tax updates. DO NOT accept or agree to the license if you DO NOT Accept or agree with these provisions! To opt-out of the TDS auto-billing program please contact TDS by providing a written request and fax to 800-426-3690.
General Notice: TDS Software license agreements are displayed when you first install TDS Software, update or upgrade TDS Software and import quarterly tax rates into the TDS FuelTAX program. TDS software WILL NOT INSTALL if you do NOT agreed to the TDS software license. If you do not agree with the TDS license the software WILL NOT INSTALL! When clients do install TDS Software and agree to the license this information is captured and stored on the TDS web server computers to verify and prove that clients did in fact agree to the software license. If you purchase TDS software from the TDS Web site shop carts, you must agree to the TDS license to process your order.
This license is current and supersedes all previous TDS Software licenses.
TDS General software License Agreement, copyright TDS inc., 1985 ~ 2024.
Copyright (C) by Transportation Software LLC. (doing business as TDS Inc.,) All Rights Reserved Worldwide. No part of this publication may be copied or distributed, transmitted, transcribed, stored in a retrieval system, or translated into any human or computer language, in any form or by any means, electronic, mechanical, magnetic, manual, optical, chemical, or otherwise; or disclosed to third parties without the express written permission of Transportation Software LLC, 5526 West 13400, South #101, Herriman, UT 84096 U.S.A.
TDS Inc. does not warrant that this software will function properly in every hardware and software environment. TDS Computer software may not work in combination with some programs. It will not work with modified versions of the operating system. TDS Computer Software may not function properly with certain printers. Most if not all TDS software programs require annual program updates and or tax subscriptions, or quarterly tax updates. Tax rates ship the last month of each quarter, and must be imported under the SETUP, Import Tax Rates routine. The tax subscription can be prepaid or billed quarterly when shipped. All TDS Inc software requires annual program updates to keep the software update with today's fast changing hardware and software technology.
Transportation Software LLC, Inc. makes no representation or warranties either express or implied, with respect to this manual and accompanying software and specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. This online manual and accompanying software are sold "as is" and TDS Inc. will in no event be liable for direct, indirect, incidental or consequential damages resulting from any defect, error or failure to perform.
Furthermore, TDS Inc. reserves the right to revise this publication and accompanying software and to make changes from time to time in the content without obligation of TDS Inc. to notify any person or organization of such revision or changes.
Copyright (c) 1985-2024
Transportation Software LLC Phone and Fax (800) 426-3690.
Transportation Software LLC., User License Agreement
Transportation Software LLC (TDS) or (current TDS Inc. Website) licenses the User to use software published by TDS Inc., and agrees to support that use, pursuant to the following terms and conditions. This is a one (1) CPU, one (1) Company (1) one location license unless site license, network versions have been purchased. See Definitions.
I. Definitions
A. Software means any computer program, software, or database, any enhancement. modification. upgrade. or addition thereto, and any documentation for use therewith, supplied by TDS to User.
B. User means the registered User of Software.
C. Agreement means this agreement as amended.
D. Support refers to TDS standard customer support, pursuant to TDS support policies and procedures, as modified by TDS periodically.
II. Limitations: One CPU, One Company, One Location License, Single CPU, Single User and Networking licensing definitions.
A. Single User Software may be installed on only one central processing unit (CPU) in or on a non shared-folder and or non shared drive (on one CPU) per license as defined in this agreement. Network Software may be installed on one central processing Unit (CPU) or (CPU Server/Host) Computer in or on a shared network drive or folder and can be accessed by a defined number of users as described in this software license. Single User or Network Software is sold site specific (used in one physical location Only) unless a Site License is purchased exclusively from TDS Inc. Because of the low-price of most TDS Inc software, site licenses are usually not available on single programs, but each different location must purchase a copy of the complete system. If you reinstall, move or copy etc., TDS software from the original licensed computer (CPU) to another computer, or reinstall, move, or copy to same computer (CPU) TDS requires a new license fee for each TDS Software program. If you engage the TDS Software security system a Report (Multi-User Control Report) will print. If you have TDS software installed on a shared, network folder or drive and have not purchased TDS networking versions you are in violation of the license and will be required to update, upgrade, your versions of TDS Software. If you exceed the total licensed CPU s on the network, you will be required to pay support fees and or update to the next networking CPU level. When you engage the TDS Software security system you are effectively locking the software, therefore your data may not be accessible unless you or your company follow the licensing procedures as defined in this document. When you install TDS Software, the TDS software security system engages and collects licensing information about your computer. This information is collected by TDS in a secure location not accessible by outside computer systems. This information is used to determine your licensed CPU system. Customers do not receive unlimited software installations for single user version software.
B. The User may use the software for business purposes only; Unless specifically authorized by TDS, it may not be used by subsidiaries or affiliates of the User, and may not be used by a third party or by the User for any third party. The User is not authorized to sublicense Software in whole or in part.
C. Software is the exclusive property of TDS and is protected by U.S. copyright laws. User may make a single back-up * copy, but Software otherwise may not be copied, decompiled, reverse assembled or disassembled without the express authorization of TDS. *(Backup copies cannot be used as functioning/operating software in lieu of original product installation. It is only used to protect users data from being lost). User will provide reasonable cooperation and assistance, and will bear the cost of any proceedings initiated by TDS for copyright infringement.
D. User acknowledges and agrees that the Software is the valuable property of TDS and that he she will safeguard and protect the Software from unauthorized access. disclosure. copying, and use. The User will promptly notify TDS of any unauthorized access. disclosure, copying or use of the Software in ?violation of this Agreement.
III. Fees
A. License and annual support fees are specified at time of sale and are payable according to the terms of this agreement. Later term support fees may be increased by TDS INC in compliance with TDS INC support policy.
B. Fees do not include taxes, which are the sole responsibility of the User, except for taxes within the state of Utah and for taxes based upon the net income of TDS.
IV. Disclaimers
A1.TDS does not warrant that the Users Software will function properly in every hardware and software environment. The Software may not work in combination with some programs. It will not work with modified versions of the operating system. The Software may not function properly with certain printers.
A2. The Software that is made available to download from this Site is the copyrighted work of TDS INC and its web location and/or its suppliers. Use of the Software is governed by the terms set forth in the this Agreement. An end-user will be unable to download the Software unless he or she first agrees to the terms set forth in this Agreement. The Software is made available for downloading solely for use by end users according the terms set forth herein. Any reproduction or redistribution of the Software not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
B. TDS makes no representation or warranties either express or implied, with respect to this manual and accompanying software and specifically disclaims any implied warranties of merchantability or fitness for any particular purpose.
C. This manual and accompanying software are sold as is? and TDS, Inc. will in no event be liable for direct, indirect, incidental or consequential damages resulting from any defect error or failure to perform.
D. TDS reserves the right to revise this publication and accompanying software, and to make changes in the content without obligation of TDS to notify any person organization of such revision or changes.
V. Terms and Termination:
A. This agreement shall commence on the date of execution by both parties and shall continue for a term- of one (1) year thereafter unless earlier terminated for a breach in accordance with the provisions of C. below.
B. Subject to earlier termination for the breach, this Agreement shall be renewed for terms of one (1) year upon purchase of annual program upgrades, unless either party shall notify the other in a 30 day written notification that it does not wish to renew this Agreement.
C. Either party may terminate this Agreement for material breach or default by the other by notice describing the breach. Such termination is effective thirty (30) days after shipment unless the defaulting party shall have cured the breach or default within such thirty (30) day period.
D. Upon termination of this Agreement, the User shall return All materials in new, resalable condition (diskette. manual etc.) and the original sales order invoice. The User will mark his/hers RMA number on the outside of the package, or the package will not be accepted by TDS.
E. Trademark and Copyright. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of "tds4.com" and/or tdsone.com, ,tds2.com, tds4.com, (collectively "Marks") are and shall remain the exclusive property of TDS INC and nothing in this agreement shall grant you the license to use such Marks. All intellectual property rights in the Software including without limitation all copyrights, patents, trade secrets, audio, images and text incorporated into the Software are owned by TDS INC and are protected by the United States copyright laws and international treaty provisions. TDS INC retains all rights in the Software and its Marks including without limitation ownership and proprietary rights. You may not reverse engineer, decompile or disassemble the Software. The restrictions contained herein apply equally to any updates or new tds4.com products that may be periodically provided to you by TDS INC. Any violation of the terms set forth herein is expressly prohibited by law and may result in severe civil and criminal penalties.
F. Notice to Website Users. tds2.com, tds4.com, tdsone.com, and any website of TDS Inc., reserves the right to change or update information on its website without notice. All images, text, graphics, programs and any other material found on tds websites are protected by United States copyright law and are the exclusive property of TDS Inc.,. Any reproduction or use of such material by you is expressly prohibited. Elements of TDS Websites are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any TDS Website may be copied or retransmitted unless expressly permitted by TDS Inc.
G. TDS INC cannot and does not guarantee or warrant that the files available for downloading from the Site will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SOFTWARE, SERVICE AND THE INTERNET. ALL SERVICES PROVIDED BY TDS Inc., ARE PROVIDED "AS IS". TDS Inc., DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY TRANSACTION PERFORMED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND TDS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. TDS Inc., DOES NOT WARRANT THAT THE SITE, SOFTWARE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE, SOFTWARE OR SERVICE WILL BE CORRECTED.
H. Export Restrictions. You may not download, export, or re-export the Software (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
I. Indemnification. You agree to indemnify and hold harmless TDS INC, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party providers from and against any and all damages, losses, costs including attorney's fees and expenses resulting from any violation of this agreement.
J. Termination. TDS INC reserves the right to terminate the services provided by TDS INC, and current TDS website and your use of the Software if you violate any of the terms contained in this agreement. You may terminate this agreement at any time simply be ceasing to use the Software, however, the provisions contained herein shall survive such termination.
K. Third Party Products/Services. TDS Inc may offer you products and services provided by third parties. These third party products and services are provided to you only as a matter of convenience and are not under the control of tds4.com. tds4.com and tdsone.com is not responsible or liable for the contents, quality, performance or terms of use of any such third party products or services.
L. From time to time, TDS will fax to your companies fax number provided to TDS at the time you purchase, download, install a TDS software program, sales literature and sale documentation. You can cancel at anytime and opt out from receiving TDS sales literature by requesting via the TDS Toll line 800-426-3690 to be removed from the fax list.
M. NO OTHER WARRANTIES. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TDS4.com DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
N. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TDS Inc., OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TDS Inc., TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
O. Cancellations. Please review cancellations requirements as outlined and defined in "P" below.
P . ALL TDS Programs, TDS-FUELTAX (TDSFT) Software License Requirements, Specifications, Annual updates and Auto Billing programs. TDSFT is a windows based IFTA (International Fuel Tax Agreement ) tax rate compliance program. TDSFT offers customers the option to purchase IFTA state tax rates quarterly or annually. Customer assumes all liabilities including all state and federal regulatory action regarding the updating, changing, implementing of the IFTA tax rates within TDSFT. TDS requires that each TDSFT customer purchase a annual program update. This updates includes all regulatory and performance updates including the latest available state IFTA tax rates. It is the sole and complete responsibility of the company to verify that the rates are correct at the time of tax filing and reporting. All companies who purchase TDSFT are enrolled in our automatic program upgrade and quarterly tax rate update billing program. TDS will auto bill client credit card and ship to the client all tax rates upgrades and program upgrades annually or each quarter. If client wishes to cancel TDS upgrades or tax subscription, they must notify TDS Inc in writing BEFORE the upgrades or rates are processed , downloaded and or shipped. Client must notify TDS Inc., 30 days before annual upgrades or processed or shipped or before electronic deliveries are initiated (September 1 )if they are discontinuing use of TDSFT. Tax subscribers will have annual upgrades and tax subscriptions automatically renewed unless we receive written notification. Tax renewal will be billed using the previous year billing history. Tax rates not cancelled before shipments are processed, shipped are due and payable. If client has not met the cancellation requirements outlined in the TDS Software license below and if the prior calendar year has expired client is required to update the software to the next calendar year to continue to operate the TDS software program.
ALL TDS PROGRAMS require Inactive Version activation in order to meet compliance regulations that you can access old data for a period of years.
TDS FuelTAX Trial Software accessed from the TDS Members page can be downloaded and tested as long as TDS IFTA tax rates are not imported. If a client who has not purchased TDS Fueltax but then imports the tax rates, TDS will automatically charge the clients credit card on file, or process a net receipt order for the cost of the TDS Fueltax including that years tax software at the prevailing sales price of the software at the time software was downloaded.
TDS-Software Annual Update/Upgrade and Cancellation Requirements: TDS requires that all TDS Software products be updated annually or when deemed appropriate by the TDS compliance department. These updates includes all regulatory and performance updates including, state and federal requirements, Microsoft software code changes and requirements, customer updates and changes, and other updates included by the TDS Software support group. If client wishes to cancel TDS software, they must notify TDS Inc in writing thirty (30) days BEFORE the upgrades are billed, shipped or before electronic deliveries are initiated. Cancellations after the license period renews for the new license year can be initiated, but any and all fees, charges, support fees, cancellation fees, etc., are due and payable at the time of cancellation and will be autobilled using the payment method captured and on file at TDS. TDS can block, or stop the TDS Software beginning the moment a cancellation document is received by TDS. If a cancellation document is not received, TDS considers the account to be active subject to the terms and conditions of sale and the TDS License. All invoices, statements are deemed valid if TDS ships software, or delivers electronically via email, fax, or via the internet or if the client has cancelled after the new license year has Started, which includes the thirty (30) days notification period before August 1 of the current calender year. If client has not met the cancellation requirements outlined in the TDS Software license and if the prior calendar year has expired client is required to update the software to the next calendar year to continue to operate the TDS software program. TDS software license updates each year and proceeds to your calendar year date. If TDS receives a cancellation request for the upcoming year, and the client has no outstanding balances or credit card charge backs said client can continue to operate TDS software until the previous Calender year expires on or before September 30 of said year in accordance with the TDS software license update procedures. If client does not upgrade, update TDS software Beginning August 1 or when the update is offered, TDS Can block the use of said client in accordance with the TDS Software license. If said client has outstanding balances and or credit card charge backs, TDS will immediately block the use of TDS software until all outstanding balances and or credit card charge backs have been resolved. If client requests use of TDS software after the cancellation date or needs access to TDS Software Data files, client must purchase the current update or upgrade at the current price schedule posted on the tds4.com web site or as quoted by the TDS sales staff. ALL TDS PROGRAMS require Inactive Version activation in order to meet compliance regulations that you can access old data for a period of years.
Clients who cancel at anytime during the TDS software subscription period are required to pay the subsequent balance immediately upon cancellation request. TDS will immediately charge said client using the current payment method on file at TDS for the balanced of the account. If the said client chooses not to cancel and the payment method was charged TDS will apply that charge to the account balance but NO REFUND will be given. The account will be activated and the balance of the account will be placed at -0- zero balance.
Q. TDS Inc., policy regarding unit counts in all TDS software. TDS software is sold in unit counts 1 Truck, 2 to 5 unit versions, and or driver unit counts, etc., etc. TDS software counts ALL units in the database including trucks, trailers, and or drivers, etc. For TDS FuelTAX , this includes all units that have both fuel purchases and mileage history files associated with the unit regardless if the unit is active or inactive. The program is designed this way so that fuel ticket/mileage history is not deleted (in case you get audited by IFTA). All other TDS Software programs also count all units and or drivers regardless in the unit and or driver is active or inactive. When clients update and or update TDS Software, unit count information from a clients cpu is up loaded and captured on the TDS Servers. If a client exceeds his original purchased unit and or driver count, said client agrees to pay a fee for exceeding this limit. TDS DOES NOT stop the software from functioning, but will either autobill the clients payment method on file with TDS or generate a net receipt invoice, statement that will be mailed to the client. If a client does not agree with the unit count, please send a TDS Support ticket by selecting support from the clients member login page.
R. Default Payment Methods and Automatic Billing Procedures: If a client provides TDS Inc., with bank account information or credit card information to pay for the TDS Software and TDS Software support services, you agree that such account will become your " default payment method" for your payment plan. By the use of the Service and by supplying bank account or credit card information, you agree to authorize "automatic billing" to charge your subscription fees, software fees, cancellation fees, balance due fees and or software support fees and all subsequent fees will draft automatically to your default payment method. You also agree to pay, under the terms of the agreement with that accounts issuer, the amounts charged to your account.
S. Policies regarding software installations including new installations, updates, upgrades, tax updates, copying, moving, backing up and restoring software after the newest/latest version have been installed. This policy also addresses the issue of attempting to illegally operate TDS software after the license year has expired by using backups or installation of old versions of TDS software in lieu of accepting the TDS EULA license agreement. It is strictly forbidden and considered a violation of the TDS EULA to reinstall old versions of TDS software using old backups, or old update versions of TDS Software after the newest version of TDS Software have been installed. This is in effect regardless if the EULA has been accepted before or after the installation and the Web registration has been captured by TDS Web servers. TDS reserves the right to pursue legal action against any client who attempts to circumvent the TDS EULA using these methods in violation of the TDS End User License.
VI. General
A. This Agreement expresses the entire agreement of the parties. superseding all prior agreements. negotiations, and discussions. It may be amended or modified only by consent of TDS management. and is subject to the same terms currently in effect. It may not be assigned by either party without the prior consent of the other party. and approval shall not be unreasonably withheld. It shall be governed by and interpreted in accordance with the laws of the State of Utah. This Agreement is governed by the laws of the United States and the State of Utah, without reference to conflict of laws principles. Any dispute between you and TDS Inc and/or TDS current website, regarding this agreement will be subject to the exclusive venue of the state and federal courts in the state of Utah. You agree to submit to exclusive jurisdiction in the State of Utah and you expressly waive all defenses to jurisdiction. This Agreement is the entire agreement between you and TDS (tds2.com, tds4.com and tdsone.com) and supersedes any other communications or advertising with respect to the Software and documentation. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. TDS (tds2.com, tds4.com and tdsone.com ) failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties not trade practice shall act to modify any provision of this Agreement. TDS (tds2.com, tds4.com and tdsone.com) assign its rights and duties under this Agreement to any party at any time without notice to you. Should you have any questions concerning this Agreement, or if you desire to contact TDS (tds2.com, tds4.com and tdsone.com)for any reason, please contact: TDS support at http://www.tds4.com or call TDS at 800-426-3690.