This Software License Agreement (this "Agreement") is between you (either an individual or an entity, referred to hereinafter as "you" or "your") and EasyDCIM, a wholly-owned subsidiary of INBS.Software Konrad Keck, and its affiliates ("EasyDCIM", "we", "our" or "us") for the EasyDCIM software that accompanies this Agreement, as may be updated or replaced by feature enhancements, software updates or maintenance releases (the "Software") and any services that may be provided by EasyDCIM under this Agreement ("Services"). Do not use the Software until you have carefully read the following Agreement.
By ordering, downloading, installing, accessing, using or entering into any interaction with the Software (or authorizing any other person to do so) you are indicating that you are capable of entering into a binding legal agreement, have read and understand this Agreement and you accept its terms and conditions. If you do not agree with the terms and conditions of this Agreement, do not order, install, access, download, use or interact with the Software.
EasyDCIM is a trademark of INBS.Software Konrad Keck.
The Software term defines standalone system called EasyDCIM, related extensions, related services and any other custom software development services related to EasyDCIM system in any manner.
You may not give copies to another person, or duplicate the Software by any other means, including electronic transmission. You may make one copy of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. You may not rent, sublicense, assign, lease, loan, resell for profit, distribute, publish or network the Software or related materials or create derivative works based upon the Software or any part thereof.
You may not use the Software to engage in or allow others to engage in any illegal activity where the Software is accessed and used. You may not use the Software to engage in any activity that will violate the rights of third parties, including, without limitation, through the use, public display, public performance, reproduction, distribution, or modification of communications or materials that infringe copyrights, trademarks, publicity rights, privacy rights, other proprietary rights, or rights against defamation of third parties.
The Software is licensed to you by EasyDCIM for use only under the terms and conditions of the License. EasyDCIM reserves all rights not granted to you. The Software in its entirety is protected by U.S. and international copyright laws and treaty provisions. EasyDCIM owns and retains all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks, service marks and other intellectual property rights therein. aning, reselling for profit, distributing, publishing or networking rights.
Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software, including Software copyright notices embedded in any design template which must remain unaltered from the original and visible at all times. Renting, sublicensing, assigning, leasing, loaning, reselling for profit, distributing, publishing, networking rights are not allowed. Every attempt of these must be agreed with EasyDCIM.
Not agreed by EasyDCIM renting, sublicensing, assigning, leasing, loaning, reselling for profit, distributing, publishing or networking the Software is illegal.
The License for the Software is effective until terminated. You may terminate the License at any time by uninstalling the Software and destroying all copies of the Software in any media. This Agreement may be terminated by EasyDCIM immediately and without notice if you fail to comply with any term or condition of the License or this Agreement. Upon such termination, you must immediately cease using the Software, and destroy all complete and partial copies of the Software.
You accept the software "as is," and we make no warranty as to its use, performance, or otherwise. To the maximum extent permitted by applicable law, we disclaim all other representations, warranties, and conditions, express or implied, statutory or otherwise, including, but not limited to, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. The entire risk arising out of use or performance of the software remains with you.
To the maximum extent permitted by applicable law, EasyDCIM, Internet brands and its affiliates will not be liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if EasyDCIM, Internet brands or its representatives or affiliates have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. The limitations of the damages set forth herein are fundamental elements of the basis of the bargain between EasyDCIM and you; EasyDCIM would not have been able to provide the software to you without such limitations.
We reserve the rights to charge fees for future services in our sole discretion as well as change prices of our products and services at any time. If we decide to charge for the services, such charges will be disclosed to you prior to our charging for them. By accepting this document upon purchasing services from us, you agree to receive PDF Pro-Formas/Invoices documents on email address provided during registration process. Missing payment for any Service including but not limited to custom software development, will result in suspension of all customer's existing services including but not limited to Software licences.
We provide you with a mechanism to provide feedback, suggestions and ideas about the Software. You agree that we may use the feedback you provide in any way, including in future modifications of the Software. You grant us a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to us in the feedback.
Upon receipt of your Software order, you will either be prompted to begin your download immediately or you will receive an e-mail from us with instructions to complete your download. If you are prompted to begin your download immediately, your completion of the download will constitute delivery to you of the item(s) you purchased. If you receive an e-mail from us with instructions to complete your download, the receipt by you of the e-mail will constitute delivery by us to you of the item(s) you purchased. In case you are unable to download the item(s) you purchase or you do not receive an e-mail from us with instructions to complete your download, you must contact us within 5 days from the date of your Software order. If you do not contact us within 5 days from the date of your Software order, the item(s) you purchased will be considered received, downloaded and delivered to you.
Upon receipt of your Services order, the services will be performed to you in accordance with the terms applicable to the services that you purchased. The nature of the services you purchased and the date of your purchase may impact the timing of performance of the services. The services will be deemed to be successfully delivered to you upon performance of the services.
By ordering, downloading, installing, accessing, using or entering into any interaction with the Software (or authorizing any other person to do so) you are indicating that you are aware of and you accept our Refund Policy.