HOA-e-Solutions License Agreement
Terms and Conditions of Use for the accompanying MANAGE+ SOFTWARE (SOFTWARE).
General Description: This Manage+ SOFTWARE license (“License”) contains rights and restrictions associated with use of the accompanying Manage+ SOFTWARE (“SOFTWARE”). Read the License carefully before installing the SOFTWARE. By installing and/or using the SOFTWARE, you (“Licensee”) agree to the terms and conditions of this License.
SOFTWARE License and Copyright: 1.1 This is an agreement between Licensor and Licensee, who is being licensed to use the named SOFTWARE. Licensee acknowledges that this is only a limited nonexclusive license. All rights, including but not limited to intellectual property rights, in the SOFTWARE are owned and remain the exclusive property of HOA-e-Solutions, LLC (“Licensor”). 1.2 The SOFTWARE is licensed on a per user basis but remains the property of the Licensor at all times and is protected by copyright law. The continued Right To Use the SOFTWARE is subject to the payment terms as set forth in the then current Licensors published SOFTWARE Pricing Policy. 1.3 This License permits Licensee to install the SOFTWARE on more than one computer system, as long as the SOFTWARE will not be used on more than one computer system simultaneously. Licensee will not make copies of the SOFTWARE or allow copies of the SOFTWARE to be made by others, unless authorized by this License Agreement. Licensee may make copies of the SOFTWARE for backup purposes only. 1.4 Other than as allowed by the copyright act, the Licensee must not modify, sell, de-compile, reverse engineer, create any derivative of the SOFTWARE or allow any other person to do so. 1.5 The Licensee must not alter or remove, or allow the alteration or removal, of any copyright or other intellectual property statements applied to the SOFTWARE. 1.6 Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations. To the best of Licensor’s knowledge Licensee’s use of this SOFTWARE according to the printed documentation is not an infringement of any third party’s intellectual property rights.
Price and Payment: 2.1 The Licensee must pay to the Licensor any fees set by the Licensor plus any applicable government taxes or charges to access the full features of the SOFTWARE. 2.2 The fee/s and any applicable taxes are due at the end of any trial period that may be granted by the Licensor or at the commencement of this License, whichever is later. 2.3 The trial period, if any, is subject to change by the Licensor without notice. 2.4 Until payment of the fee/s set by the Licensor are paid in full the functionality of the SOFTWARE will be limited. 2.5 The limitation of the functionality of the SOFTWARE is at the sole discretion of the Licensor.
Licensed Software Delivery Method: After successful licensor payment, Licensed SOFTWARE will be delivered to Licensor via download link to the Licensor Email address as entered during the payment process. The Email will be sent to Licensor within 3 hours of successful Licensor payment of SOFTWARE.
Warranties and Liabilities: 3.1 The Licensor does not warrant that: a. the SOFTWARE provided under this License will be error free; or b. the SOFTWARE will meet the requirements of the Licensee, other than as expressly set out in this License. 3.2 Except where stated to the contrary in this License, all warranties whether express, implied, statutory or otherwise are excluded. Where the exclusion, restriction or modification of certain warranties, guarantees, conditions, rights or remedies is prohibited under applicable legislation, then such a term will be taken to be included in this License. However, the liability of the Licensor for any breach of any such term will be limited, at the sole discretion of the
Licensor, to any one or more of the following: 1a. The supply of the SOFTWARE again; or 1b. Refund of the cost of providing the SOFTWARE for the remaining period of this License, less an administration fee of US$10.00 per user license. 3.3 The Licensee warrants that, at the time of accepting this License, they are not relying on any representation made by the Licensor which has not been stated expressly in this agreement, or on any information contained in any other document produced by the Licensor, including any brochures, catalogues, publicity material or information available on an Internet site.
Limitation of Liability: 4.1 The Licensor accepts liability for the supply of the SOFTWARE and Service only to the extent outlined in clause 3. 4.2 Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF POTENTIAL SAVINGS, LOSS OF POTENTIAL EARNINGS OR LOSS OF POTENIAL BUSINESS CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS SOFTWARE. 4.3 Any liability accepted by the Licensor will be limited to one or more of the following at the sole discretion of the Licensor: 1a. The supply of the SOFTWARE again; or 1b. Refund of the cost of providing the SOFTWARE for the remaining period of this agreement, less an administration fee of US$10.00 per user license.
Termination: 5.1 The Licensor may immediately terminate this License if the Licensee fails to pay the fee/s plus any applicable government taxes and charges when they are due. 5.2 Either party may terminate this License by giving 7 days’ notice in writing to the other party. Any fee/s paid for the SOFTWARE is non-refundable. 5.3 This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this SOFTWARE.
Governing Law: 6.1 This agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, USA.