ProCAT Blaze Student Driver Download Agreement
Effective Date: January 1, 2024
Please read this Driver Download Agreement (“Agreement”) carefully before downloading, installing, or using the ProCAT® Blaze™ Student Driver (“Software”). By downloading, installing, or using this Software, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.
1. Ownership
The Blaze Student Driver, including all software, firmware, documentation, updates, and related materials, is proprietary intellectual property owned exclusively by Advanced Translations Technology, Inc. and is protected by United States copyright laws, trade secret laws, trademark laws, and applicable international intellectual property laws.
No ownership rights are transferred by this download. This Agreement grants only a limited, revocable license to use the Software under the conditions described below.
2. Authorized Student Downloads
Students who purchased their Blaze Writer directly from ProCAT or through an authorized ProCAT sales channel may download this driver without charge.
Students who are covered by:
- an active manufacturer’s warranty, or
- an active ProCAT Technical Support Plan,
are entitled to receive technical assistance relating to the installation and operation of this driver in accordance with the terms of their applicable warranty or support agreement.
3. Downloads by Subsequent Owners
Individuals who acquired a Blaze Writer through private sale, auction, liquidation, online marketplace, or any source other than an authorized ProCAT sale may download this driver solely for the purpose of operating their personally owned Blaze Writer.
However, unless they are covered under an active ProCAT warranty or support agreement:
- they are not entitled to free technical support;
- all assistance is provided only on a fee-for-service basis;
- they agree to pay ProCAT’s then-current hourly service rates and any applicable minimum service charges before support is provided.
Downloading this Software does not create a support agreement or warranty.
4. No Transfer of License
This Software is licensed—not sold.
This license is personal, non-exclusive, non-transferable, and revocable.
You may not:
- transfer this license;
- sublicense the Software;
- distribute copies to others;
- host the Software on another website or server;
- bundle the Software with hardware offered for sale;
- include the Software with any commercial offering without prior written authorization from ProCAT.
5. Strict Prohibition Against Redistribution
This Software is provided solely for the lawful operation of an authentic ProCAT Blaze Writer.
No dealer, reseller, broker, liquidator, marketplace seller, refurbisher, or other third party is authorized to download this Software for the purpose of:
- resale;
- redistribution;
- repackaging;
- commercial deployment;
- inclusion with equipment sold by that party;
- supplying copies to customers;
- maintaining a library of ProCAT software for commercial use.
Any such activity is expressly prohibited.
6. Unauthorized Commercial Distribution
Any person or business downloading this Software for redistribution or commercial use without ProCAT’s prior written authorization is acting outside the scope of this license.
Such conduct may constitute, among other things:
- copyright infringement;
- unauthorized reproduction of copyrighted software;
- violation of software license restrictions;
- misappropriation of ProCAT intellectual property;
- unfair competition; and
- other violations of applicable federal, state, or international law.
ProCAT reserves all rights and remedies available under applicable law, including the right to seek:
- injunctive relief;
- monetary damages;
- recovery of attorneys’ fees where permitted by law;
- impoundment or destruction of unauthorized copies; and
- any other legal or equitable remedies.
Nothing in this Agreement limits ProCAT’s ability to pursue civil or other lawful remedies against unauthorized distributors.
7. No Reverse Engineering
Except where expressly permitted by applicable law, you may not:
- reverse engineer;
- decompile;
- disassemble;
- modify;
- create derivative works from;
- circumvent security features; or
- attempt to discover the source code of the Software.
8. Reservation of Rights
ProCAT reserves all rights not expressly granted under this Agreement.
Downloading the Software does not grant any ownership, distribution, marketing, servicing, dealership, or reseller rights.
9. Warranty Disclaimer
Except as expressly provided in a separate written warranty, this Software is provided “AS IS” without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
10. Limitation of Liability
To the maximum extent permitted by law, ProCAT shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from the download, installation, or use of this Software.
11. Termination
This license automatically terminates if you violate any provision of this Agreement.
Upon termination, you must immediately cease use of the Software and destroy all copies in your possession or control.
12. Governing Law
This Agreement shall be governed by the laws of the State in which ProCAT maintains its principal place of business, without regard to conflict-of-law principles. Any disputes shall be resolved in the appropriate state or federal courts having jurisdiction.
13. Acceptance
By selecting “I Agree”, downloading, installing, or using this Software, you certify that:
- you are legally authorized to enter into this Agreement;
- the information you provide is accurate;
- you will use the Software only as permitted herein;
- you understand that unauthorized redistribution is strictly prohibited;
- if you are not covered by an active ProCAT warranty or support agreement, you agree to pay ProCAT’s prevailing technical support rates before receiving assistance; and
- you acknowledge that violation of this Agreement may result in termination of your license and legal action.
© Advanced Translations Technology, Inc. All Rights Reserved.
ProCAT®, Blaze™, Winner™, and related names, logos, and software are trademarks or registered trademarks of Advanced Trranslation Technology, Inc. Unauthorized reproduction, distribution, or commercial use is strictly prohibited.