|Single Use License
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (”LICENSE”) CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY DOWNLOADING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT DOWNLOAD/PURCHASE/INSTALL THE SOFTWARE.
IMPORTANT NOTE: To the extent this software may be used to reproduce materials, it is licensed to you only for reproduction of materials you are authorized or legally permitted to reproduce with the domain name that is on the contract for this software.
1. General. The software, documentation and any fonts accompanying this License whether on disk, client server, web server, in read only memory, on any other media or in any other form (collectively all ezOSC, LLC. Software”) are licensed, not sold, to you by ezOSC, LLC. (ezOSC, LLC.) for use only under the terms of this License, and ezOSC, LLC. reserves all rights not expressly granted to you. The rights granted herein are limited to ezOSC, LLC. and its licensors’ intellectual property rights in the ezOSC, LLC. Software and do not include any other patents or intellectual property rights. The terms of this License will govern any software upgrades provided by ezOSC, LLC. that replace and/or supplement the original ezOSC, LLC. Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Permitted License Uses and Restrictions. A. This License allows you to install and use one copy of the ezOSC, LLC. Software on a single computer at a time. This License does not allow the ezOSC, LLC. Software to exist on more than one computer at a time, and you may not make the ezOSC, LLC. Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the ezOSC, LLC. 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.
B. Certain components of the ezOSC, LLC. Software have been or may be made available by ezOSC, LLC. on its site. (http://ezosc.com.)
C. Except as and only to the extent permitted in this License and by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the ezOSC, LLC. Software or any part thereof. THE ezOSC, LLC. SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE ezOSC, LLC. SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer. You may not rent, lease, lend, redistribute or sublicense any ezOSC, LLC. Software. Section 2B above.
NFR (Not for Resale) Copies: Notwithstanding other sections of this License, ezOSC, LLC. Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from ezOSC, LLC. if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the ezOSC, LLC. Software and destroy all copies, full or partial, of the ezOSC, LLC. Software.
5. Warranty. ezOSC, LLC. Software comes with a 90 day warranty. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION, PACKAGING OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
6. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ezOSC, LLC. SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ezOSC, LLC. SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ezOSC, LLC. BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ezOSC, LLC. SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ezOSC, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ezOSC, LLC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE EZOSC, LLC SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EZOSC, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
8. Third Party Software, APIs, and Web Services
9. Refunds and Returns. EZOSC PROVIDES A SERVICE AND DOES NOT OFFER REFUNDS OR RETURNS OF ANY KIND.
10. Hosting. Cancellation of hosting accounts must be in writing or email. All hosting accounts must be canceled 30 days prior to the next billing cycle.
10.1 Remedies for late or delinquent payments. Principal understands and agrees that failure to compensate Consultant in accordance with the terms of this Agreement, Consultant may, at Consultant’s election terminate hosting services without further notice. A termination of monthly hosting services may result in Principal’s website being inoperative for an indefinite period of time until Principal is current on any outstanding invoices with Consultant. Further, Principal’s account shall be subject to a minimum $100 re-connect fee in the event Principals hosting services are terminated.
In any action or proceeding to enforce rights under this Agreement, ezOSC will be entitled to recover costs and reasonable attorneys’ fees.