The Terms and Conditions ("Terms") of this page shall govern your use of this Website, including all pages within this Website (collectively referred to below as this "Website").
These Terms and Conditions apply in full force and effect to your use of this Website and by using this Website you expressly accept all Terms and Conditions contained in full. You must not use this Website if you have any objections to any of these Terms and Conditions.
You agree to all terms when downloading or otherwise using any file from this Website, when using any program or file we may deliver by any means, or when using this Website in any way.
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE, THE USE OF WHICH IS LICENSED BY ServiceSoftware TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
1 - License
ServiceSoftware grants you a exclusive license to use the accompanying software program(s), (referred to as the "System" and the "Software" and the "Content") subject to the terms and restrictions set forth in this License Agreement. Except as explicitly set forth below, (i) you are not permitted to lease or rent (except under separate mutually agreeable terms set forth in writing and signed by both parties), distribute or sublicense use of the System or System Contents in a time-sharing arrangement or in any other unauthorized manner; (ii) no license is granted to you in the human readable code of the Software (source code) or System Contents; and (iii) this License Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the System.
The Software is licensed to be installed and used on any one personal computer. Installation on a server, access via Windows Terminal Services, access via Remote Desktop Connection, or any similar remote access configuration or software sharing technology is prohibited. Except as described above, the Software and supporting documentation may be copied only as essential in support of your use of the Software as permitted hereunder.
2 - Intellectual Property Rights; Trade Secrets; Title
You acknowledge and agree that the structure, sequence and organization of the Software are the valuable trade secrets of ServiceSoftware, its affiliate companies, and suppliers. You agree to hold such trade secrets in confidence. You further acknowledge and agree that ownership of, and title to, the Software and all subsequent copies thereof regardless of the form or media are held by ServiceSoftware, its affiliate companies, and suppliers. Any ideas, modifications and the like made by you and any comments provided by you with respect to the Software ("Software Improvements and Feedback") will be the property of ServiceSoftware. You agree to assign, and hereby assign, all right, title and interest worldwide in the Software Improvements and Feedback and the related intellectual property rights to ServiceSoftware and agree to assist ServiceSoftware, at ServiceSoftware's expense, in perfecting and enforcing such rights.
3 - Restrictions
You are expressly and emphatically restricted from all of the following:
- modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited.
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to the Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
Certain areas of this Website are restricted from access by you and ServiceSoftware.com or its affiliated companies may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID or password you may have for this Website are confidential and you must maintain confidentiality of such information.
4 - No Warranties
THE SOFTWARE AND ALL RELATED DOCUMENTATION MAY CONTAIN ERRORS, BUGS AND OTHER PROBLEMS WHICH COULD CAUSE SYSTEM FAILURE. THE TESTING AND QUALITY ASSURANCE OF THE SOFTWARE AND DOCUMENTATION HAVE NOT YET BEEN COMPLETED. BECAUSE THE SOFTWARE AND DOCUMENTATION ARE SUBJECT TO CHANGE, ServiceSoftware RESERVES THE RIGHT TO ALTER THE SOFTWARE AND DOCUMENTATION AT ANY TIME, AND ANY RELIANCE ON THE SOFTWARE AND DOCUMENTATION IS AT YOUR SOLE RISK. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS. ServiceSoftware MAKES NO WARRANTIES, TERMS, OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER. IN PARTICULAR, ANY AND ALL WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS ARE EXPRESSLY EXCLUDED. FURTHER, ServiceSoftware MAKES NO REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS THAT THE SOFTWARE AND DOCUMENTATION PROVIDED ARE FREE OF ERRORS OR VIRUSES OR THAT THE SOFTWARE AND DOCUMENTATION ARE SUITABLE FOR YOUR INTENDED USE.
The content of this Website is provided by ServiceSoftware or a ServiceSoftware affiliate company for informational purposes only, without representation or warranty of any kind, and ServiceSoftware or its affiliated companies shall not be liable for errors or omissions with respect to the materials. The only warranties for ServiceSoftware or ServiceSoftware affiliate company products and services are those that are set forth in the express warranty statements accompanying such products and services, if any. Nothing herein should be construed as constituting an additional warranty.
In particular, ServiceSoftware or its affiliated companies have no obligation to pursue any course of business outlined in this Website or any related presentation, or to develop or release any functionality mentioned therein. This Website, or any related presentation, and ServiceSoftware or its affiliated companies' strategy and possible future developments, products, and/or platform directions and functionality are all subject to change and may be changed by ServiceSoftware or its affiliated companies at any time for any reason without notice. The information in this Website is not a commitment, promise, or legal obligation to deliver any material, code, or functionality. All forward-looking statements are subject to various risks and uncertainties that could cause actual results to differ materially from expectations. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of their dates, and they should not be relied upon in making purchasing decisions.
5 - Limitation of Liability
IN NO EVENT SHALL ServiceSoftware OR ITS AFFILIATED COMPANIES OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA OR DATA BEING RENDERED INACCURATE, LOSS OF PROFITS OR REVENUE, OR INTERRUPTION OF BUSINESS IN ANY WAY ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE AND/OR DOCUMENTATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF ServiceSoftware OR ITS AFFILIATED COMPANIES OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall ServiceSoftware or its affiliated companies, nor any of its officers, directors, employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort, or otherwise, and ServiceSoftware or its affiliated companies, including its officers, directors, employees, shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website, even if any representitive of ServiceSoftware or its affiliated companies have been advised of the possibility of such damages.
6 - Indemnification
You hereby indemnify to the fullest extent ServiceSoftware and its affiliated companies from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney's fees) arising out of or in any way related to your breach of any provisions of these Terms.
7 - Severability
In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore. The headings used in this Agreement are for convenience only and shall not be considered part of the Agreement.
8 - Terms and Termination
ServiceSoftware or its affiliated companies are permitted to revise the Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
This License Agreement is effective until terminated. You may terminate it at any time by destroying the Software and documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term or condition of this License Agreement, or upon the general release to the public of the Software by ServiceSoftware. Upon such termination, you agree to destroy the Software and documentation, together with all copies and merged portions in any form. You agree that ServiceSoftware is under no obligation to release the Software to the public.
9 - Assignment / Revserse Engineering
ServiceSoftware or its affiliated companies are permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, and subcontract your rights and/or obligations under these Terms.
You may not transfer the Software and this License Agreement to another party, even if the other party agrees in writing to accept the terms and conditions of this License Agreement. You may not transfer or assign the Software or your rights under this License Agreement.
Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited.
10 - Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between ServiceSoftware and its affiliated companies and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to your use of this Website.
11 - Disclaimer
Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you. When the implied warranties are not allowed to be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This warranty gives you specific legal rights which may vary depending on local law.
12 - Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Maine as such laws are applied to agreements entered into and to be performed entirely within Maine between Maine residents and by the laws of the United States. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms.
Sanford, Maine 04073