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End User License Agreement
REVISED - March 24, 2014
This End User License Agreement (“the Agreement”) is a legal agreement between You, the end user of the Software, and ForesTech Consulting, Inc., d/b/a F4 Tech (“Licensor”). Please read this Agreement carefully before completing any installation or use of the Software. By installing and/or using the Software, you are confirming your acceptance of the Software and are agreeing to become bound by the terms of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE.
1. Scope of License
This Agreement is to authorize the download, installation and/or use of certain computer-based software which may include graphics, associated media, specifications, documentation, accessories and any updates thereto (the “Software”). The license granted to You by this Agreement for use of the Software is limited to an individual, non-exclusive, non-transferable license (the “License”). The License authorizes You to install and use the Software with the following limitations:
1.1 Handheld Devices. If You are obtaining this License for installation and use of the Software upon a personal handheld device, the License authorizes the installation and use of the Software upon the single, unique handheld device upon which the Software is initially installed by You. You are expressly NOT authorized to use the License to install and/or use the Software on any other handheld device, nor are you authorized to utilize the License in any way so as to remotely allow the installation and/or use of the Software on any other handheld device.
1.2 Desktop Computer and/or Web Based. If You are obtaining this License for installation and use of the Software upon a desktop computer and/or are utilizing a web based Software for use upon a desktop computer or personal handheld device, the License authorizes the installation and use of the Software only by You, as a single end user of the Software. You are expressly NOT authorized to allow any other person or entity to use the License obtained by You, nor are you authorized to utilize the License in any way so as to allow anyone or any entity other than You to install and/or use the Software.
The Software is being supplied for the device specified in the Software packaging. Licensor, its authorized dealers and/or licensors, are not responsible for installation of the Software, unless otherwise agreed to in writing between You and Licensor or such authorized dealer or licensor. Any fee associated with such installation of the Software shall be as agreed to in such written agreement.
2. Additional Limitations
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, lend or transfer the Software, or host the Software for third parties. The Software is licensed as a single integral product; its component parts may not be separated for use on more than one computer or handheld device, except as provided herein. The Software may include copy protection technology to prevent the unauthorized copying of the Software or may require original media for use of the Software on the computer or handheld device. It is illegal to make unauthorized copies of the Software or to circumvent any copy protection technology included in the Software. The Software and/or License may not be sold, rented, leased, loaned, redistributed or subleased by You or by any other party at Your direction. The terms of this Agreement, including the License, will govern any upgrade to the Software, unless such upgrade is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern. All rights not expressly granted to You herein are retained by Licensor.
3. License Fees
Use of the Software under this Agreement and the License is permitted only upon payment in full of a license fee, which shall be established by Licensor and/or a separate dealer/licensor authorized by Licensor and which may be changed from time to time (the “License Fee”). The License Fee associated with a License for a personal handheld device shall be renewed on a month-to-month basis. If You make any unauthorized copies of the License or the Software, or permit unauthorized devices and/or uses to utilize an authorized License or the Software, You shall be liable not only for the License Fee associated with any such unauthorized uses, but also for any damages in addition to such License Fees that are suffered by Licensor, or its authorized dealers and/or licensors, as a result thereof.
4. Data Transfers
It is understood and agreed that the use of the Software by You may result in data transfers that are required in order for the Software to properly operate, and such data transfers may also be necessary in the event of any upgrade to the Software or any bug fixes. Licensor, nor any of its authorized licensors/dealers shall be liable to You for any fees, costs, charges or rates that are incurred by You from any third party, such as a wireless carrier or internet provider, as a result of such data transfer, and such fees, costs, charges or rates are not included in the License Fee.
5. Proprietary Rights and Confidentiality
The Software is protected by United States copyright and intellectual property laws. You may not copy, reproduce, distribute, modify or in any other manner duplicate the Software, in whole or in part, except to the extent that copying naturally results from the authorized use of the Software pursuant to this Agreement or results in the course of making regular back-ups of any personal handheld device or other computer on which the Software is installed. Use of the Software under this Agreement is provided by license only, and in no way shall such permitted use of the Software be understood, inferred, or otherwise implied to grant to You, or any other party other than the Licensor, any ownership of any kind of the Software or intellectual property, specifically including but not limited to patents, designs, trademarks, copyright or trade secrets, associated with the Software or any other service or product that is associated with this Agreement. You shall not alter, modify, adapt, create derivative works, decompile, translate, decrypt, deconstruct, disassemble or otherwise attempt to reverse engineer the Software, or permit, authorize or encourage any other party to do the same.
The Software contains business and professional trade secrets belonging to Licensor, and has been made available to You only by virtue of the License under this Agreement. You are expressly NOT authorized to make the Software available to any other person or third party and shall take all reasonable steps to prevent any third party from gaining access to the business and professional trade secrets that are contained in the Software. The conditions of this Section 5 regarding confidentiality shall survive the termination of the License and/or this Agreement, and you may be liable for any damages that result from Your breach of these conditions.
6. Acceptable Use of Services
By using the Software, You agree not to use the Software in any manner constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability. You also agree not to transmit data or any content which is protected by copyright, or other intellectual property rights, or derivative works thereof, without obtaining permission of the copyright holder thereof. You further agree not to use the Software in any manner that is contrary to law or netiquette, or which would adversely impact use of the Software by other users, including the posting or transmitting of information or software containing viruses or other disruptive components..
7. Termination of License
For any License granted herein that is renewable on a month-to-month, or year-to-year basis, such License shall automatically terminate if You fail to pay the License Fee associated therewith when such License Fee becomes due or if you notify Licensor in writing of your decision to terminate such License. For any License granted herein that is effective for an indefinite period of time, such License shall continue to be effective unless You notify Licensor in writing of your decision to terminate such License. Notwithstanding the foregoing, Licensor reserves the right to terminate any License granted hereunder, with or without notice, for Your failure to comply with the terms and conditions of this Agreement. Upon the termination, for any reason, of any License granted hereunder, You are expressly NOT authorized to continue to use the Software in any manner or form, nor permit any other person or party to use the Software. Licensor also reserves the right to suspend, discontinue, enhance, modify or otherwise update the Software, or its availability to you, at any time with or without notice.
8. Limited Warranty and Disclaimer
THE SOFTWARE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND. WITHOUT LIMITATION, LICENSOR DOES NOT WARRANT THE PERFORMANCE, AVAILABILITY, UNINTERRUPTED USE OF OR OPERATION OF THE SOFTWARE, YOUR ABILITY TO CONNECT THE SOFTWARE TO THE INTERNET OR ANY OTHER SERVICE CARRIER, OR THE EQUIPMENT THE SOFTWARE IS INSTALLED AND/OR USED ON. YOU BEAR THE ENTIRE RISK AS TO USE OF THE SOFTWARE, INCLUDING THE AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS, QUALITY AND PERFORMANCE OF THE SOFTWARE, AS WELL AS THE RESULTS OBTAINED FROM USE OF THE SOFTWARE. LICENSOR DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU (WHETHER BY DATA TRANSFERS OR OTHERWISE) WILL BE TRANSMITTED, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE PERIOD OF TIME. LICENSOR DOES NOT MAKE EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS (INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SOFTWARE. ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, ARE EXCLUDED TO THE EXTENT PERMITTED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LICENSOR OR ANY AUTHORIZED DEALER OR FROM THE SOFTWARE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR, ITS AUTHORIZED DEALERS, AFFILIATES, SUPPLIERS, LICENSORS, PARTNERS, AGENTS AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTAITIVES, ASSIGNS OR SUBSIDIARIES, BE LIABLE FOR ANY PERSONAL INJURY OR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) THE USE OR INABILITY TO USE THE SOFTWARE; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SOFTWARE. THE FOREGOING LIMITATION OF LIABILITY SHALL SURVIVE EVEN IF LICENSOR OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Notwithstanding the foregoing, the total liability of Licensor, its authorized dealers, affiliates, suppliers, licensors and/or partners, for any damages that you might incur, including without limitation all damages referenced above, shall be limited to the License Fee paid by You applicable to the License pursuant to which you claim and damages hereunder.
You will indemnify and hold harmless Licensor and each of its authorized dealers, affiliates, licensors, suppliers, partners, agents and assigns (and their respective employees, officers, directors and representatives) from and against any claims, actions, causes, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by Licensor or each of its affiliates, licensors, suppliers, partners, agents or assigns relating to: (i) Your breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) Your use of or inability to use the Software; (c) any content, including personal content, or software submitted, displayed, posted or distributed by you using the Software; or (d) Your violation, alleged violation or misappropriation of any intellectual property right or non-proprietary right of a third party.
Any notice or other communication required by this Agreement may be in writing or delivered electronically via email to Licensor or You as applicable. Notices delivered will be effective on the date of such delivery. Any such notice sent to Licensor shall be sent in writing via certified mail or overnight delivery service with signature required to: ForesTech Consulting, Inc., 3059 Highland Oaks Terrace, Tallahassee, FL 32301, or such notice may be sent via email to: info@thinkF4.com
12. Governing Law and Fees
The laws of the State of Florida shall govern this Agreement, the License granted hereby, and your use of the Software. Venue for any lawsuit brought by any party to enforce the terms of this Agreement shall be in the state or Federal courts located in Leon County, Florida. In the event of any legal action brought by either party to enforce the terms of this Agreement, including for collection of any fees due and owing by You hereunder, the prevailing party shall be entitled to recover the costs of such action, specifically including by not limited to reasonable attorneys’ fees and costs, including fees and costs applicable to any appeal.
12. General Provisions
13.1 Transfer of Software. Nothing in this Agreement shall limit or impair Licensor’s ability to sell, assign, trade, distribute, license, lease, sublease or otherwise transfer Licensor’s ownership, title and/or rights to the Software.
13.2 Update to Agreement. This Agreement may be updated from time to time and shall be construed in accordance with the most recent version of this Agreement as provided on Licensor’s website at the following address: http://thinkf4.com/end-user-license-agreement