End User License Agreement
YOU MUST READ AND ACCEPT BEFORE PROCEEDING.
STUDIO SUITE® SOFTWARE (“Product”)
END USER LICENSE AGREEMENT.
Thank you for selecting this Product offered by Adatasol, Inc. (“Licensor”) This license agreement (“License” or “Agreement”) is a legal agreement between you (“Licensee”) and Adatasol, Inc. Please review these License terms thoroughly.
BY INSTALLING AND/OR USING THIS PRODUCT YOU INDICATE YOUR ACCEPTANCE OF THE TERMS OF THE FOLLOWING AGREEMENT. THESE TERMS APPLY TO YOU AND ANY SUBSEQUENT LICENSEE OF PRODUCT . IF YOU DO NOT ACCEPT OR AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, THEN DO NOT INDICATE ACCEPTANCE OF THE AGREEMENT, DO NOT INSTALL PRODUCT, AND DO NOT USE PRODUCT.
You acknowledge and agree Product is licensed, NOT sold by Adatasol, Inc. Adatasol, Inc. retains the ownership of Product and any subsequent copies of Product. Product is licensed to you by Adatasol, Inc. for use under the following conditions: Permitted Uses. You may:
• install and use the Demo version of Product on multiple computers up until the trial period expiration date.
• install and use appropriate versions (i.e., Server, Client or Single User) of the purchased Product on multiple computers at your location in accordance with the number of seats shown on your invoice.
• install “Client” files on networked computers for network access to Product.
• access and use Product via the “Client” files on computers, up to the maximum number of simultaneous user seats licensed, as shown on your invoice.
• access and use demo or purchased versions of Product hosted on cloud servers such as AWS or Azure.
• permanently transfer Product and its documentation to another user provided you retain no copies and the subsequent user agrees to the terms of this License Agreement.
• access web-enabled portions of Product via browser from anywhere. • access iOS enabled portions of Product on iPhone and iPad via the FMGo app, acquired separately thru Apple’s iOS App store.
• make backup copies for safety and archival purposes only.
Prohibited Uses. You may not:
• transfer, distribute, rent, sub-license, or lease Product or documentation, except as provided herein.
• alter, modify, merge, reverse engineer, or adapt Product or documentation, or any portion thereof, including but not limited to, translations, decompiling, disassembling, or creative derivative works.
• make copies of the documentation, Product or portions thereof, other than for the purposes described above.
• export Product in violation of any United States export laws.
• return Product to Adatasol or reseller once it has been installed.
OTHER SOFTWARE PROGRAMS Product contains several third party software components under license to Adatasol, Inc. specifically for use in Product. Customers may not use any of these components outside of the intended use granted herein. If you have any questions regarding this agreement or if you wish to request any information from Adatasol, Inc., please use the address and contact information included with this Product.
DISCLAIMER OF WARRANTIES LICENSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCT, INCLUDING ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PRODUCT IS PROVIDED “AS IS”. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH LICENSEE. LICENSOR DOES NOT WARRANT THAT PRODUCT WILL BE FREE OF ERRORS. IN NO EVENT WILL LICENSOR BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT OR DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL LICENSOR’S LIABILITY EXCEED THE AMOUNT PAIDFOR THE PRODUCT. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. Some states do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
LIMITATION OF LIABILITY AND INDEMNITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF Adatasol®, INC., ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCT DURING THE TWELVE MONTHS PRIOR TO SUCH CLAIM. YOU AGREE TO INDEMNIFY AND HOLD Adatasol®, INC. AND ITS AFFILIATES AND SUPPLIERS HARMLESS FROM ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES AND COSTS ARISING OUT OF YOUR USE OR INABILITY TO USE THE PRODUCT, OR BREACH OF THIS AGREEMENT.
TERMINATION Licensor retains all rights not expressly granted herein. Nothing in this License Agreement constitutes a waiver of Licensor’s rights under United States copyright or trademark or trade secret laws. This License is non-exclusive. The License and your right to use Product will automatically terminate without notice if you fail to comply with any provision of this License Agreement or any terms and conditions associated with the sale of this Product. Upon termination, you will destroy or return all documentation, disks, data, and copies made thereof.
PRIVACY STATEMENT AND LEGAL DISCLAIMER Adatasol, Inc. strives to protect your privacy as you make use of our products, our website, and other services we supply from time to time. We encourage you to read the Privacy Statement on our website to learn of and acknowledge our practices regarding user information. This Privacy Statement may change from time to time so please check back periodically. If you are not comfortable with all of the provisions of this Privacy Statement, please do not use Product.
INFORMATION GATHERING AND DISSEMINATION PRACTICES While you are using Studio Suite, our servers can log your IP addresses, security events generated by Studio Suite, and some software errors automatically. This information is used to improve the product and detect new security threats. Some information we collect, including your IP address, is complied into security advice and reports but no information is reused or resold to anyone for any purpose except when required by law to aid in a criminal investigation. We do not log any of your browsing activities. We do log attempts to modify, reverse engineer, decompile, disassemble, and terminate the software. If you choose to contact Support, we separately log your Personal Contact Information. We do not intend to share Personal Contact information with any of our partners, except as noted above. Only a selected group of our employees have access to our user-base records. We will however permit authorized officers of the court access to all your available and relevant information only to comply with valid legal process such as a search warrant, subpoena or court order to protect our rights and property or other necessary persons in special emergencies when we believe safety is at risk.
SECURITY Adatasol®, Inc. uses measures to protect the loss, misuse and alteration of any information under our control. We use industry standard processes to protect the confidentiality of your personal information. To protect your data in our internal networks and systems, we use technology such as firewalls, authentication, proxies and monitoring technology, and on-going human tracking of network traffic and to track potentially abusing activity in our network. We would like you to be aware of the fact that when you send information to us over the Internet the information may travel over systems that are not under our control. Other parties may unlawfully intercept the information that you are sending and try to unlawfully access our databases.
TRADEMARKS The name of this Software, Studio Suite®, and any related titles and logos are either registered trademarks or trademarks of Adatasol, Inc. All other trademarks are the property of their respective owners.
JURISDICTION, LIMITATION OFACTION AND ARBITRATION This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, applicable to agreements made and to be performed wholly therein without regard to its conflicts of law rules. Any cause of action or claim Licensee may have with respect to the Product must be brought within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Licensor's failure to insist upon or enforce strict performance of any provision of this Agreement is not a waiver of any provision or right. If a dispute arises out of, or relates to, this Agreement or the subject matter of this Agreement, either party may submit the dispute to a sole mediator selected by the parties or, at any time prior to selection of a sole mediator, to mediation by the American Arbitration Association ("AAA"). If not thus resolved, it shall be referred to a sole arbitrator selected by the parties or to the AAA for arbitration. The arbitration shall be governed by the United States Arbitration Act, shall be conducted in the County of Los Angeles, California, USA, and judgment on the award may be entered by any court having jurisdiction. The arbitrator shall not limit, expand or modify the terms of the Agreement nor award damages in excess of compensatory damages, and each party waives any claim to excess damages. A request by a party to a court for interim protection shall not affect either party's obligation hereunder to mediate and arbitrate. Each party shall bear its own expenses and an equal share of all cost and fees of the mediation and/or arbitration. Any arbitrator selected shall be competent in the legal and technical aspects of the subject matter of this Agreement. The content and result of mediation and/or arbitration shall be held in strict confidence by all participants.
By downloading or using the Product, I certify that I am not a national or a resident of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, Serbia, Taliban-controlled portions of Afghanistan or any other country subject to U.S. trade sanctions, nor, to the best of my knowledge, have I been designated a Specially Designated National, Blocked Person, or otherwise been denied export-related privileges by the United States Government.