Plain English
End User License & Support Agreement
1. Use Of Software
We (AimsHotline) are providing you (“you” refers to the individual or entire business entity acquiring this license , and “you” are also referred to as Licensee or Customer in this agreement) with a license to use our software as it currently exists (“as is”) for your business. The term “software” refers to all the materials we provide for your use including computer programs and documentation, collectively referred to as “AIMS”. We hope your business grows, but if you run our software on more than one computer or file server, you need a license to do so from us. The specific information about your software license, such as the number of users and which modules you are authorized to use, is on the Software License Declarations you signed when you purchased or leased AIMS. You cannot make copies of our software (except for backup purposes) and give it away, sell it, or let others use your copy.
2. Restrictions on Use of Software
(2a) You may not (a) alter or modify the software in any way, (b) remove any trademarks, logos or other identifications, or (c) decompile any executable modules. Any of these actions are a violation of this license and will cause immediate termination and forfeiture of your license, and you may be subject to additional criminal and/or civil penalties.
(2b) You may not use any third party software that alters any information in the database. Furthermore, you may not modify the information in the database using any program that exposes the raw data in the database. Any such action by you is a violation of this license, and we may terminate your support contract.
(2c) You may not sell, lease, rent or otherwise profit in any way from any third party business for the use of AIMS. A third party business is defined as any individual or company using your licensed copy of AIMS where you do not own at least twenty-five percent (25%) of that business. Allowing any third party entity to use you’re your copy of AIMS whether for profit or not, will immediately void your entire license to use AIMS and you will forfeit any an all monies paid for the use of the license and surrender all copies of the software.
3. Customer Service
So long as you are on our support program (billed separately), we will help when you have problems. If you do not pay for support, we will only help you for 60 days from the date you bought our software. For assistance, contact us during normal business hours. Our commitment is to support our software. If you are experiencing a hardware or network problem, we might try to help because we care about you, but please don't expect it. We do not offer hardware support.
4. If You Financed or Leased Your License
If you have financed the purchase of the software license, we will bill you each month until your account is paid. After you make your payment, we will give a password so that you can continue to use the software. If you do not pay your bill by the due date, we will deny giving you the password necessary to continue using the software until your account is current.
5. Recurring Billing for AIMS on the Internet & Rentals
(a) If you are renting AIMS or running AIMS on the Internet, you must provide us with authorization to bill your credit card automatically for each billing cycle. Your billing cycle is stated on your AIMS License Declarations.
(b) To end your participation in AIMS on the Internet, you must notify us in writing (email or fax are acceptable) at least 10 days prior to your next billing cycle. If you request that your service be terminated before the end of your current, pre-paid billing period, we will not be required to refund any portion of such pre-paid fees. Timely notification eliminates the necessity of billing your credit card for the next period's participation.
6. Backups
Let's face it, computers break. Smart people perform regular backups of their data and programs. That's your job. If you lose data, it's your fault.
7. What You Don't Get
The software is ours. We're just letting you use it. We own it all (or have sufficient rights) and you can't do anything with the software except use it in your business. Everything in the software we provide is ours, and our software is very valuable to us.
8. Termination
If this Agreement is terminated, you must return or render inoperable all software materials you have or control. Any money you owe us will be due immediately. Thank you for choosing AIMS.
9. Disclaimer Of Warranties
AimsHotline does not warrant that the functions contained in our software or described in its documentation will meet the Licensee's requirements, or will operate in the software or hardware combinations which Licensee may select, or that the operation of our software will be uninterrupted or error-free, or that any defects that may exist in our software will be corrected. Licensee shall not use our software where significant damage or injury to persons, property or business may happen if any error occurs. Licensee expressly assumes all risks for such use. Except for the clearly expressed warranties set forth in this agreement, our software is licensed as is and with all faults, and AimsHotline makes no other warranties, either express or implied, with respect to our software, or as to its quality, performance, merchantability of fitness for any particular purpose. The entire risk as to the quality and performance of the software we provide is with Licensee.
10. Exclusions & Limitations Of Liability
AimsHotline shall not be liable for any damages to Licensee or any third party caused by use of our software. Except as expressly and clearly provided in this agreement, AimsHotline shall not have any other liability of any kind, and AimsHotline will not be liable for indirect, special incidental, consequential, punitive, or exemplary damages, or lost profits, or theory of liability (including, without limitation, actions in contract, warranty negligence, or product liability), resulting from any defect in, or use of any software we provide or any update thereof, of from any breach of this agreement (even if AimsHotline has been advised of the possibility of such damages). In any event, Aims Hotline's liability under this agreement for any damages to Licensee or third party, regardless of the form of action or theory of liability (including, without limitation, actions in contract, warranty, negligence, or products liability), shall not exceed the purchase price of the software license.
11. Limitations On Suit
Licensee agrees that any suit or other legal action or any arbitration relating in any way to this agreement or to AimsHotline must be officially filled or officially commenced by Licensee no later than two (2) years after the cause of action has first arisen.
12. Additional Terms For AIMS On The Internet Clients
(a) AimsHotline will utilize it's best efforts to maintain acceptable level of performance of the services contracted for, but AimsHotline makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. AimsHotline cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. AimsHotline will not be liable for the inadvertent disclosure of, or corruption or erasure of data transmitted or received or stored on its system. AimsHotline shall not be liable to Customer or any of it's customers for any claims or damages which may be suffered by Customer or it's customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss or data, inability to access Internet or inability to transmit or receive information caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of AimsHotline. AimsHotline may discontinue servicing any Plan, or may require fulfillment of conditions AimsHotline may choose to impose as a prerequisite for continuing to service any Plan. Such discontinuation or requirement may not be unreasonable notice via e-mail and fax of any such intent to discontinue or impose conditions.
(b) AimsHotline's liability to Customer, and any end user or any Plan or other AimsHotline services is limited to the amount paid to and received by AimsHotline. In no event shall AimsHotline be liable to person and/or entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if AimsHotline has been advised of the possibility of such damage.
(c) Customer will take all necessary measures to preclude AimsHotline from being made a party to any lawsuit or claim regarding AimsHotline services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless AimsHotline from any and all claims or whatever nature brought by any of Customer's customers against AimsHotline in excess of the remedy set forth above.
13. General Terms And Conditions
Each of the parties hereto are separate and independent legal entities. Nothing herein contained shall be construed or deemed hereby to create a principal/agent relationship between the parties nor any form of partnership or joint venture. The parties agree that his agreement is binding upon and insures to the benefit of the successors and permitted assigns of the parties. Ambiguities, inconsistencies, or conflicts in this agreement shall not be strictly construed against the drafter of the language but will be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the parties' intentions at the time of this agreement is entered into. Where the context of this agreement requires, singular terms shall be considered plural, and plural terms shall be considered singular. The validity, construction, and performance of this agreement shall be governed by the laws of the State of California without regard to principles of conflicts of law. If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions shall remain in full force and effect to the extent that the intent of the parties, can be fulfilled. This agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous oral or written negotiations, communications and agreements between the parties concerning this subject matter. This agreement shall not be varied, amended, modified or supplemented except by a writing signed by duly authorized representatives of both parties.
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