WinTOTAL – Aurora Software License ("License") by a la mode technologies, llc.
IMPORTANT: READ BEFORE CONTINUING
IMPORTANT: READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE CONTINUING. BY CONTINUING, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, DO NOT CONTINUE. PROMPTLY RETURN THE PACKAGE TO THE PLACE OF PURCHASE AND IF ALL APPLICABLE CONDITIONS OF RETURN AS SET FORTH HEREIN ARE COMPLIED WITH, YOUR LICENSE FEE WILL BE REFUNDED.
By continuing, you acknowledge that you read, understand, and agree with the terms of this License, and you agree to abide by such terms. YOU ALSO AGREE THAT ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE APPLY TO YOUR USE OF THE SOFTWARE, SHOULD YOU CHOOSE TO PROCEED WITH THE USE AND IMPLEMENTATION OF THE SOFTWARE
The License in Plain English
This software is protected by copyright. You must treat this Software like you treat a book. Just as one book cannot be read by different people in two different places at the same time, neither can this Software be used on two different computers at the same time. It may be moved from one computer to another, so long as there is no possibility of it being used on two computers simultaneously. The Software and the manuals are for use on a single computer only. If two computers run the program at the same time, it's a violation of this License.
Note: In the case of a properly licensed "network version" of this Software, substitute "server" for "computer(s)" in the explanation above. Using a single-user version of this Software on a network is expressly forbidden.
1. LICENSE TERMS: a la mode technologies, inc. hereby grants you (the original user) a nonexclusive, nontransferable, restrictive and conditional right to use the enclosed Software subject to the terms and conditions contained in this License on a single computer. You assume full responsibility for the selection of this program to achieve your intended results, and for the installation, use, and results obtained from this program.
2. USE OF THE SOFTWARE: In consideration of this License, you agree that the enclosed Software and its documentation are for your use only, on a single machine. You agree not to sublicense this Software, nor make copies of the Software or its documentation to sell or to distribute free of charge. You may copy the program into any machine-readable or printed form for backup or modification purposes in support of your own use of the Software on a single machine. Certain programs, however, may contain devices to limit or inhibit copying. You agree to take all reasonable and necessary steps to ensure that all employees and other persons under your control do not use this Software in contravention of the terms of this License and are aware of and abide by the terms of this License. The Software shall be used only by you, only for your own use and not for the benefit of any other person or entity.
3. THIRD PARTY SOFTWARE: ALM is not responsible for third party software. You accept responsibility for all third party applications that you choose to integrate with ALM products.
4. OWNERSHIP: You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with a la mode technologies, inc. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement.
5. COPYRIGHT: The Software and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by a la mode technologies, inc. You shall not remove any proprietary notice of a la mode technologies, inc. from any copy of the Software or Documentation.
6. RESTRICTIONS: You may not publish, display, disclose, rent, lease, sublease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You shall not transmit the Software over any network or between any devices, although you may use the Software to make such transmissions of other materials.
7. USER COMMUNICATION: a la mode technologies, inc. reserves the right to send service e-mails notifying User of operational or other changes that may affect or change the Services offered by a la mode technologies, inc. Please note that you cannot opt out of such service e-mails because these service e-mails provide information critical for the operation of the Software.
USER HEREBY GRANTS a la mode technologies, inc. EXPRESS WRITTEN PERMISSION TO SEND FAX AND OR EMAIL SOLICITATIONS OR ADVERTISEMENTS, THUS SATISFYING ANY EXPRESS WRITTEN PERMISSION REQUIREMENT.
8. CONFIDENTIALITY: You acknowledge that the Software contains proprietary trade secrets of a la mode technologies, inc. and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information.
9. ASSIGNMENT: You may not assign, transfer or lend the Software without a la mode technologies, inc.'s express written consent. UNAUTHORIZED DUPLICATION, TRANSFER OR SALE OF THIS SOFTWARE SHALL CONSTITUTE A VIOLATION OF COPYRIGHT LAWS AND ENTITLES a la mode technologies, inc. TO ALL REMEDIES AVAILABLE UNDER APPLICABLE LAWS.
10. VIOLATIONS OF LICENSE: Should a la mode technologies, inc. become aware of any violations of this License, the party responsible for such violations agrees to be obligated to a la mode technologies, inc. for all costs incurred to enforce this License, including reasonable attorney's fees and court costs.
11. DURATION OF LICENSE: This license is effective until terminated. You may terminate the License any time by destroying the program together with all copies, modifications and merged portions. In addition, this License will automatically terminate if you fail to comply with any of the terms of this License. You agree upon such termination to return to a la mode technologies, inc. all copies, modifications and merged portions upon.
12. LIMITED WARRANTY: a la mode technologies, inc. warrants for a period of 100 days from your receipt of the Software delivered with this package, that if operated as directed, this program will operate substantially in accordance with the Documentation. However, a la mode technologies, inc. does not warrant that the functions contained in the Software will meet your requirements or that the operation of this program will be uninterrupted or error free. Any use by you of the Software is at your own risk. This Limited Warranty is the only warranty provided by a la mode technologies, inc. regarding the Software. To make a warranty claim, you must return this program to the location where you obtained it along with proof of purchase within such 100 day period. If this program does not perform substantially in accordance with the Documentation, a la mode technologies, inc.'s entire liability and your exclusive remedy shall be limited to, at a la mode technologies, llc's sole and exclusive discretion, either:
a. The replacement of any software not meeting a la mode technologies, inc.'s "Limited Warranty" which is returned to a la mode technologies, inc., or
b. If a la mode technologies, inc. is unable to deliver replacement software which is free of defects in materials or workmanship, you may terminate this Agreement by returning the program and your purchase price will be refunded to you within a reasonable period of time.
13. DISCLAIMER OF WARRANTIES: THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SPECIFICALLY PROVIDED HEREIN. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT a la mode technologies, inc.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
14. LIMITATION OF LIABILITY: IN NO EVENT SHALL a la mode technologies, inc. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, LIABILITY, PENALTY OR DAMAGE ARISING IN ANY WAY, EITHER DIRECTLY OR INDIRECTLY OUT OF THE USE OF THIS SOFTWARE OR ITS DOCUMENTATION. YOU AGREE THAT IN NO EVENT SHALL a la mode technologies, inc. BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST BUSINESS OPPORTUNITY OR LOST SAVINGS, THAT IN ANY WAY RELATE TO THE USE OF a la mode technologies, inc.'s PRODUCTS. a la mode technologies, inc.'s LIABILITY SHALL IN NO WAY EXCEED THE TOTAL AMOUNT OF YOUR LICENSE FEE THAT YOU ACTUALLY PAY FOR THE USE OF a la mode technologies, inc.'s SOFTWARE.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
15. EXPORT RESTRICTIONS: This License Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of the Software or information about such Software which may be imposed from time to time by the Government of the United States of America. You shall not export the Software, Documentation, or information about the Software and Documentation without consent of a la mode technologies, inc. and compliance with such laws, regulations, orders, or other restrictions.
16. SEVERABILITY: If any provision of this License is determined to be invalid, it will be deemed deleted and all remaining provisions will remain in full force and effect.
17. UPDATES: At a la mode technologies, inc.'s sole discretion, a la mode technologies, inc. may provide you with an update. a la mode technologies, inc. reserves the right to provide the update in exchange for payment of a fee. This License will govern all updates, copies, and merged or modified versions of the Software unless a new License is provided to you.
18. CHOICE OF LAW AND VENUE: You agree that this License shall be governed by the internal substantive laws of the State of Florida, U.S.A. The Collier County, State of Florida, U.S.A. District Court and the United States District Court for the Middle District of Florida shall have sole and exclusive jurisdiction and venue over any dispute, conflict or claim arising from this License or your use of the Software. Whether you are a United States citizen or a citizen or resident of Canada or any other country, you agree to submit to the terms of this License and to the laws, jurisdiction and venue as provided by this License. By continuing with the use and implementation of the Software and related programs, you agree to submit to such laws, jurisdiction and venue as set forth herein.
19. SURVIVAL: The provisions of Sections 8, 9, 10, and 12 shall survive termination of this License.
ERC RESTRICTIONS: Certain material contained in this License may be licensed from the Employee Relocation Council ("ERC") and is subject to the terms of that license. The use of all ERC forms generated by this Software is limited to the preparation of completed forms by the end-user for its business use. The production of blank forms is strictly prohibited. ERC reserves the right to change, modify, or discontinue the use or endorsement of any of its forms at any time, without notice to the end-user. ERC makes no claims or representations concerning its forms whatsoever, including their fitness for any specific purpose. ERC is not connected in any way with any software vendor and licenses its forms widely.
APPRAISAL INSTITUTE: User may have the option of using or including Appraisal Institute AI Reports® data in conjunction with User's use of the software. In such case, User agrees that the Appraisal Institute is not responsible for the data, analysis or work product User provides to User's client as part of such use. User will only use AI Reports® for User's own internal business purposes, and User may not re-sell or sublicense AI Reports®. User further agrees to indemnify, defend and hold harmless the Appraisal Institute from and against any and all third party claims or liabilities for any third party claim brought against the Appraisal Institute arising from or related to User's use and or any misuse of AI Reports®.
FLOOD DATA: Certain third parties have granted ALM the right to offer flood maps and other related flood information. ALM is nothing more than a conduit for any flood information provided to you by these third parties and ALM is in no way involved in the location or determination of the data. Therefore, ALM makes no warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. This information is provided to you on an "AS IS" and "WITH ALL FAULTS" basis and you agree to use it at your own risk. In no event shall ALM be liable to you or any third party for any loss, liability, penalty or damage arising in any way, either directly or indirectly, from your use or reliance upon the flood information provided to you and through your acceptance of this provision you release all such claims.
You may not use any of this data to complete in whole or in part a flood hazard determination and/or insurance quote. You agree to use this information for solely immediate or near immediate personal purposes, and not for service bureau, time-sharing or other similar purposes. Accordingly, you may copy this information only as necessary for your personal use to (i) view it on your screen, (ii) save a single copy on your hard drive or disk, (iii) print it, and (iv) transfer it to a portable computer device, provided that you do not remove any copyright notices that appear and do not modify the information in any way. You may not otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this information, and may not transfer or distribute it in any form, for any purpose.