E-Centric, Inc. License Agreement
By using or installing the E-Data Collection software (the "Software"), you are agreeing to be bound by the terms and conditions of this License Agreement. As used in this License Agreement, "You" shall mean the individual using or installing the Software together with any individual or entity, including but not limited to your employer or organization, on whose behalf you are acting in using or installing the Software.
The Software and documentation are licensed, not sold, to you. You may not rent, lease, display or distribute copies of the Software, with or without modification, to others without specific prior written permission from E-Centric, Inc. except as specified herein as pertaining to the license you purchased.
2. LICENSE GRANT
E-Centric, Inc. grants to you only, the Licensee, the non-exclusive, nontransferable right to use the Software in accordance with the license you procure from E-Centric, Inc. If you are using this product for your employer, this agreement also includes your employer. You may only use the Software on computers for which the Software is licensed. Software that is distributed as shareware or a demo may only be used for testing and evaluation purposes or as otherwise indicated under the Demo License below.
If you have not purchased the software, the Demo License applies to you. Otherwise, the license that applies to you is the one that you purchased. The following are the licenses offered for the Software with their respective permissions and limitations:
(a) Demo License:
(b) Standard License:
(c) Enterprise License:
(d) Redistribution License
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a) You are not allowed to use the Software as a whole, or any of its comprising elements, as a basis for creation of another software product except as permitted in this license.
(b) You are not allowed to use individually the software components comprising the Software, but only as an integral part of the Software except as permitted in this license.
(c) You are not allowed to disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of the Software provided in object code form only.
(d) You are not allowed to use, copy, modify, or merge copies of the Software or any accompanying documents except as permitted in this license.
(e) You may not use the E-Centric, Inc. product names, logos or trademarks to market your services or implementations related to the Software without the express prior consent of E-Centric, Inc.
(f) You agree to indemnify, hold harmless, and defend E-Centric, Inc. and its resellers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of your software product.
4. TECHNICAL SUPPORT
E-Centric, Inc. offers free technical support for a period of 90 days from the date of purchase on all Software products purchased from and licensed through E-Centric, Inc. In the event that the value of the time E-Centric, Inc.’s employees or representatives spend on email support for any one customer exceeds the value of the product purchased, any and all additional support provided to that customer will be offered at an additional cost to the customer. Thus, by way of example, if you purchase a License for $300 and the current listed cost for support services is $30 per hour, you are entitled to a maximum of ten (10) hours of free support services within 90 days from the date of purchase. In this example, all hours exceeding the first ten (10) hours of support services or beyond the 90-day period are subject to additional costs to the customer.
The following exclusions apply to free support:
(a) Free support IS NOT provided to you if the servers on which the Software runs do not meet the requirements for the Software that was purchased.
(b) Free support IS NOT provided to assist you in customizing the Software. Any and all advice or instruction for customizing the Software is subject to additional fees. “Customizing” means making any kind of modification to the Software for the puposes of adding or changing functionality that is not included in the Software by design.
(c) Free support IS NOT provided to your customers or end users unless each individual requesting support has a separate valid license.
(d) E-Centric, Inc. reserves the right to deny support if you make any modifications whatsoever to the original code provided by E-Centric, Inc.
5. WARRANTY AND RISKS
Although efforts have been made to assure that the Software is correct, reliable, and technically accurate, the Software is provided by E-Centric, Inc. and contributors AS IS and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. You expressly agree that the entire risk as to the quality and performance of the service, including but not limited to the software, supporting documentation, the express or implied recommendations or advice offered by E-Centric, Inc., or its agents (whether through the website, email, or otherwise), and the accuracy or completeness of any and all claims by E-Centric, Inc. (whether through the website, email, supporting documentation, user manuals, installation guides or otherwise) is assumed by you. Niether E-Centric, Inc., its agents, employees nor any third party contributor or its agents shall be liable for any direct, indirect, incidental, special or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software.
This license will be governed by the law of the State of Florida, U.S.A. If any provision of this license is to be held unenforceable, such holding will not affect the validity of the other provisions hereof. Failure of a party to enforce any provision of this license shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. This license represents the entire understanding between the parties with respect to its subject matter.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN E-CENTRIC, INC. AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.