By using or installing any software product created by IDAutomation.com, Inc.
(including software components, source code, and
the corresponding documentation) (hereafter referred to as "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, on whose behalf you are acting in using or installing the Software. You
shall be the “Licensee” under this License Agreement. This License Agreement
constitutes the complete agreement between you and IDAutomation.com, Inc. No
amendment or modification may be made to this Agreement except in writing signed
by you and IDAutomation.com, Inc. If you do not agree to the terms and conditions
of the Agreement, discontinue use of the Software immediately.
1. License Grant
In consideration for the license fee paid,
and other good and valuable consideration, IDAutomation.com, Inc. grants to you
only, the Licensee, the non-exclusive, nontransferable right to use the Software in
accordance with the license You purchase. If you are using this product for your
employer, this agreement also includes your employer. You may only use the
Software
on computers and CPUs for which the Software is licensed. Software that is distributed as
shareware or a demo may only be used for testing and evaluation purposes.
Multiple User Licensing with the Single User License:
If multiple Single User Licenses of the same product are purchased, the
effective number of licensed users for Software is determined by the
following:
1 Single User License Purchased = 1 licensed user
2 Single User Licenses Purchased = 25 licensed users
3 Single User Licenses Purchased = 100 licensed users
4 Single User Licenses Purchased = Developer License Granted for 10,000
licensed users
Developer use with the Single User License:
The Single User License also allows one developer to integrate the Software
into the organization's applications provided that the developer (1) ensures
the Software is licensed according to the multiple user licensing described
above and (2) does not distribute the Software outside the organization. If
You have more than one developer that will be developing applications using
the Software, You will need to purchase a Developer License for each
additional developer.
2. Copyright
The IDAutomation.com, Inc. Software and the accompanying materials are
copyrighted and contain proprietary information. Unauthorized copying of the
Software or accompanying materials even if modified, merged,
or included with other software, or of the written materials, is expressly
forbidden. You may be held legally responsible for any infringement of intellectual property rights that is caused or encouraged by
your failure to abide by the terms of this Agreement. You may make copies of the
Software solely for backup purposes provided the copyright
and trademark notices are reproduced in their entirety on the backup copy.
IDAutomation.com, Inc. warrants to You that IDAutomation.com, Inc. is the sole owner of all patents, copyrights or other applicable intellectual property rights in and to the Software unless otherwise indicated in the documentation for Software. IDAutomation.com, Inc. shall defend and hold Licensee harmless from any third party claims for intellectual property infringement for properly licensed Software provided by IDAutomation.com, Inc.
The Software and documentation are licensed, not sold, to you. You may not rent,
lease, display or distribute copies of the Software to others except under the
conditions of the Developer License. You may not disassemble, decompose,
reverse engineer, or alter the Software.
3. Termination
This Agreement is effective until terminated. This Agreement will terminate
automatically without notice from IDAutomation.com, Inc. if you fail to comply with any
provision contained herein or if the funds paid for the license are
refunded or are not received. Upon termination, you must destroy the Software, and all copies of them, in part and in
whole, including modified copies, if any. If you have distributed Software
with an application under the Developer License, you may
continue to use said Software for up to 90 days after termination.
4. Warranty & Risks
Although efforts have been made to assure that the Software is date
compliant, correct, reliable, and technically accurate,
the Software is licensed to you as is and
without warranties as to performance of merchantability, fitness for a
particular purpose or use, or any other warranties whether expressed or implied.
You, your organization and all users of the Software, assume all risks when using
it. The manufacturers, distributors and resellers of the Software shall not be liable for any consequential, incidental,
punitive or special damages arising out of the use of or inability to use the
Software or the provision of or failure to provide support services, even if we have
been advised of the possibility of such damages. In any case, the entire
liability under any provision of this agreement shall be limited to the greater
of the amount actually paid by You for the Software or $5.00 USD.
5. Technical Support, Product Upgrades and Number of Developers
IDAutomation.com, Inc. offers free technical support and product upgrades for a
period of 90 days from the date of purchase on all licensed Software
products to
the individual that orders the Software or a single developer, but not to the end user. If
two Developer Licenses licenses are purchased, technical support is
provided for up to 5 developers. If three Developer Licenses licenses are purchased, technical support
is provided for an unlimited number of developers. The developer
responsibilities may be transferred to another within the organization as
necessary as long as there are no more than 2 transfers in 90 days for each
developer. Technical
support can only be provided to the end user if each end user orders a separate
license for the Software. Technical
support and product upgrades may be provided beyond 90 days if a "Support
and Upgrade Contract" is purchased.
6. Controlling Law and Severability
This License Agreement shall be governed by and construed in accordance with the
laws of the United States and the State of Florida, as applied to agreements
entered into and to be performed entirely within Florida between Florida
residents. The courts of the State of Florida, County of Hillsborough, shall
have exclusive jurisdiction and venue over any dispute, proceeding or action
arising out of or in connection with this License Agreement or your use of the
Software. If for any reason a court of competent jurisdiction finds any provision
of this License Agreement, or portion thereof, to be unenforceable, that
provision of the License Agreement shall be enforced to the maximum extent
permissible so as to effect the intent of the parties, and the remainder of this
License Agreement shall continue in full force and effect.
7. Non-Waiver
The failure by either party at any time to enforce any of the provisions of this
License Agreement or any right or remedy available hereunder or at law or in
equity, or to exercise any option herein provided, shall not constitute a waiver
of such provision, right, remedy or option or in any way affect the validity of
this License Agreement. The waiver of any default by either party shall not be
deemed a continuing waiver, but shall apply solely to the instance to which such
waiver is directed.
8. Return Policy
All returns must be received within 30 days of purchase. Full details of our return process is described here.
Copyright © IDAutomation.com, Inc., 2000, all rights reserved. All trademarks mentioned are the property of their respective owners.