End-User License Agreement for a trial version of BillMax Billing Solutions.
Copyright © 1996-2018 The iSpark Group, Inc. All Rights Reserved.
AGREEMENT. Software is defined as the collection of computer programs collectively known as BillMax Billing Solutions and any updates or maintenance releases thereto. This Agreement applies to the trial version of the Software. This Agreement sets forth the terms and conditions for licensing of a trial version of the Software from iSpark to you. Please refer to your signed License Agreement if you have already purchased a license. After reading this agreement carefully, if you do not agree to all of the terms of this agreement, you may not use this software.The Software is owned by The iSpark Group, Inc. and is protected by national copyright laws and international copyright treaties.
License and Certain RestrictionsYou may use one copy of this software on one client computer. A copy of this software is considered in use when loaded into temporary memory (i.e., RAM) and/or installed on a permanent storage device (i.e., hard disk, CD-ROM, etc.). You may use a trial version of the software in order to determine whether to purchase the software. This trial version is limited to 100 open customer accounts and 60 days of use from installation. You may NOT download more than one copy of the trial version without written permission by BillMax or you are in violation of this agreement. In the event that you need more time to evaluate, call BillMax. The price of the Software is based upon the number of open customer accounts needed.
This agreement terminates, you lose all rights licensed to you, and you must stop use of the software if you violate the terms of this agreement.
You acknowledge that the Software is proprietary to iSpark and its subsidiaries. You agree to hold the Software in confidence, disclosing the Software only to authorized employees having a need to use the Software as permitted by this Agreement and to take all reasonable precautions to prevent disclosure to other parties. Making additional copies of the Software or enabling others to use your license key(s), if any, is strictly prohibited. It is also prohibited to give copies to a person who has not purchased a license for the Software from iSpark; to install the Software on computers used by individuals who have not purchased licenses for the Software from iSpark; or to duplicate the Software by any other means including electronic transmission. The Software in its entirety is protected by the copyright laws. The Software also contains iSpark trade secrets, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to human-perceivable form or disable any functionality which limits the use of the Software. You may NOT modify, adapt, translate, rent, lease, sublicense, assign, loan, resell for profit, or distribute the Software, disk(s), or related materials or create derivative works based upon the Software or any part thereof. Permission must be obtained before mirroring or redistributing the evaluation copies of the software.
This Agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect of the Software. Title to and ownership of the Software, any reproductions and any documentation of the Software, shall remain with iSpark and its suppliers. You will not adapt or use any trademark or trade name which is likely to be similar to or confusing with that of iSpark or any of its subsidiaries or takeany other action which impairs or reduces the trademarks rights of iSpark or its subsidiaries.
This Software is designed to provide a service with the understanding that iSpark is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert assistance is required, the service of a competent professional person should be sought. It is your responsibility to keep abreast of tax table changes that affect you and to ensure that you follow these changes by law.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
EXCEPT AS PROVIDED ABOVE, THIS SOFTWARE AND ANY RELATED SERVICES ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, iSPARK DISCLAIMS ALL OTHER REPRESENTATION AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SOFTWARE, DISKS, RELATED MATERIALS AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. iSPARK DOES NOT WARRANT THAT THE SOFTWARE IS demo FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS NOR DOES iSPARK WARRANT ACCESS TO THE INTERNET OR ANY OTHER SERVICE THROUGH THE SOFTWARE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN iSPARK AND YOU. iSPARK WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS. YOU RECOGNIZE THAT SOFTWARE FAILURES ARE INHERENT IN THE DEVELOPMENT OF A NEW SOFTWARE PRODUCT. YOU ARE RESPONSIBLE FOR NOTIFYING YOUR CUSTOMERS THAT FAILURE OF THIS SOFTWARE COULD DENY ANY CUSTOMER ACCESS TO THE INTERNET. iSPARK IS NOT LIABLE FOR ANY DENIAL OF SERVICE CAUSED BY MALFUNCTION OF THIS SOFTWARE OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF iSPARK OR ITS REPRESENTATIVES 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. YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF ANY REPORTS OR STATEMENTS GENERATED BY THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL iSPARK'S LIABILITY FOR ANY DAMAGES EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM.
YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE TAX RATES IDENTIFIED IN THE TAXREGION TABLES TO ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THE TAX TABLES AND FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THE TAX TABLES, iSPARK DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE TAX TABLES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE TAX TABLES WILL BE INTERRUPTION OR ERROR demo.
This Agreement sets forth iSparks and its representatives' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and iSpark, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Software or any related services. This Agreement does not limit any rights that iSpark may have under trade secret, copyright, patent, or other laws. The representatives of iSpark are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on iSpark, other than in writing signed by an officer of iSpark. Accordingly, such additional statements are not binding on iSpark and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this Agreement shall be governed by Texas law (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by federal laws. This Agreement is deemed entered into at Fort Worth, Texas, and shall be construed as to its fair meaning and not strictly for or against either party. The parties agree that any dispute arising under this Agreement shall have as its venue Tarrant County, Texas and any such dispute shall be governed by and construed in accordance with the laws of the State of Texas.
You acknowledges that the Software may be subject to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations ("the Acts"). You agree and certify that neither the Software nor any direct product thereof is being or will be used for any purpose prohibited by the Acts.
This Agreement contains the entire agreement of the parties hereto with respect to the matters covered hereby and supersedes any other prior or simultaneous agreement related to such matters.
In the event of invalidity of any provision of this Agreement, such invalidity shall not affect the validity of the remaining portions of this Agreement.