End User License Agreement

Getting Started > End User License Agreement


	End User License Agreement

SUREDOCS LICENSE AGREEMENT BY a la mode, inc.

IMPORTANT: READ BEFORE CONTINUING

THE FOLLOWING TERMS OF SERVICE AGREEMENT (THE "AGREEMENT") DETAILS THE TERMS AND CONDITIONS FOR THE SUREDOCS SOFTWARE AND ONLINE SERVICES (THE "SERVICES") PROVIDED AND ADMINISTERED BY A LA MODE, INC. (REFERRED TO HEREIN AS "ALM" OR "WE"). THIS AGREEMENT CONSTITUTES A BINDING AGREEMENT BETWEEN ALM AND THE SUREDOCS MEMBER ("MEMBER" OR "You"). YOU MAY NOT ACCESS SUREDOCS UNLESS YOU FIRST REVIEW AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BY CLICKING ON THE "AGREE" BUTTON AT THE BOTTOM ON THIS PAGE. AFTER YOU REVIEW THE TERMS AND CONDITIONS BELOW, PLEASE ACKNOWLEDGE YOUR AGREEMENT BY CLICKING ON THE "AGREE" BUTTON OR THAT YOU DECLINE THIS AGREEMENT BY CLICKING ON THE "DISAGREE" BUTTON AT THE BOTTOM OF THIS PAGE.

TERMS AND CONDITIONS

RETENTION AND STORAGE: SureDocs is not a vaulting service. ALM will only store documents transmitted or signed in SureDocs for a period of 90 days. You shall take necessary steps to archive your own copies of documents outside the SureDocs and a la mode servers in order to maintain compliance with any applicable local, state, federal or international requirements on the retention and storage of documents.

1. LICENSE TERMS: ALM hereby grants You a nonexclusive, nontransferable, restrictive and conditional right to use the enclosed Software and Online Services used in conjunction with the Software subject to the terms and conditions contained in this License. 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. Fees and Payment. YOU shall pay the fees and other charges for the Services as stated on SUREDOCS home page (http://www.suredocs.com) or in this Agreement. All fees are due immediately and, except as expressly provided herein, are non-refundable. ALM reserves the right to change its fees at any time. YOU shall make all payments in U.S. currency. Your credit card will be billed in advance for any and all fees. ALM reserves the right to suspend or terminate your account if credit card charges are denied. Such suspension or termination shall not relieve you of the obligation to pay the fees due. You agree to pay ALM its reasonable expenses, including attorneys' and collection agency fees, incurred in enforcing its rights under this Agreement.

3. Term and Termination.
3.1 This Agreement shall become effective upon your acceptance of the terms and conditions contained herein and shall continue for a period of one (1) year unless sooner terminated as provided below.
3.2 If, in the first one hundred (100) days after your purchase of this Software, you are not satisfied for any reason with the Services, you may cancel this Agreement and receive a full refund of fees paid. Notice of such cancellation shall be made by contacting ALM at 1-800-252-6633 (1-800-alamode) and notifying the representative that you wish to receive a refund. The notice must be made prior to 5:00 p.m. Oklahoma time on the one hundredth (100th) day after your purchase of this Software. REFUND DOES NOT APPLY TO ID VERIFICATION PURCHASES.

4. ALM reserves the right to terminate this Agreement for any reason, as determined by ALM in its sole discretion. ALM shall have no obligation to refund any of Member's fees due to ALM's early termination of this Agreement.

5. USE OF THE SOFTWARE: In consideration of this License, you agree that the Software and its documentation are for your use only. 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.

6. 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 ALM. 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.

7. 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 ALM. You shall not remove any proprietary notice of ALM from any copy of the Software or Documentation.

8. 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.

9. USER COMMUNICATION: ALM reserves the right to send service e-mails notifying User of operational or other changes that may affect or change the Services offered by ALM. 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 ALM EXPRESS WRITTEN PERMISSION TO SEND FAX AND OR EMAIL SOLICITATIONS OR ADVERTISEMENTS, THUS SATISFYING ANY EXPRESS WRITTEN PERMISSION REQUIREMENT.

10. Amendments/Modifications. ALM reserves the right to amend the Service offerings and add, delete, suspend or modify the terms and conditions of the Services at any time, and to determine whether and when, at its sole discretion, any such changes apply to existing or future Members.

11. CONFIDENTIALITY: You acknowledge that the Software contains proprietary trade secrets of ALM 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.

12. ASSIGNMENT: You may not assign, transfer or lend the Software without ALM’s express written consent. UNAUTHORIZED DUPLICATION, TRANSFER OR SALE OF THIS SOFTWARE SHALL CONSTITUTE A VIOLATION OF COPYRIGHT LAWS AND ENTITLES ALM TO ALL REMEDIES AVAILABLE UNDER APPLICABLE LAWS.

13. VIOLATIONS OF LICENSE: Should ALM become aware of any violations of this License, the party responsible for such violations agrees to be obligated to ALM for all costs incurred to enforce this License, including reasonable attorney’s fees and court costs.

14. 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 ALM) 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.

15. LIMITATION OF LIABILITY: 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 OUT OF THE USE OF THIS SOFTWARE OR ITS DOCUMENTATION. YOU AGREE THAT IN NO EVENT SHALL ALM 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 ALM’s PRODUCTS. ALM’s LIABILITY SHALL IN NO WAY EXCEED THE TOTAL AMOUNT OF YOUR LICENSE FEE THAT YOU ACTUALLY PAY FOR THE USE OF ALM’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.

16. 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 ALM and compliance with such laws, regulations, orders, or other restrictions.

17. SEVERABILITY; WAIVER: If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

18. UPDATES: At ALM’s sole discretion, ALM may provide you with an update. ALM 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.

19. GOVERNING LAW: This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Oklahoma, USA, without giving effect to its conflict of laws principles.

20. FORCE MAJEURE: ALM shall not be liable for nonperformance, delay, errors, data loss or other loss caused by any event reasonably beyond ALM's control including, but not limited to, acts of God, war, terrorism, hostilities, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.

21. INDEMNIFICATION: You agree to indemnify and hold ALM harmless from any and all claims and demands, including, but not limited to reasonable attorneys' fees, made by any third party due to or arising out of any information, including, but not limited to, information provided by ALM. The information, software, products, and services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ALM, its affiliates and/or its respective suppliers may make improvements and/or changes in this site at any time. In no event shall ALM be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of ALM services and software.

22. ENTIRE AGREEMENT: This Agreement sets forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter of this Agreement. ALM reserves the right in its sole discretion to change or modify this Agreement in whole or in part at any time or from time to time.

23. The Software shall only be used for lawful purposes. Transmission or solicitation of any material that violates any local, state, federal or international law, order or regulation is prohibited.

24.1 You shall not use the Software to conduct any of the following activities:
(a) send bulk/spam e-mail;
(b) send mass/spam news postings;
(c) disclose the trade secrets of any other person or entity;
(d) conduct any other activity that ALM determines, in its sole discretion, to be fraudulent, illegal or an unreasonable drain on system resources.

25. SECURITY: You agree that you will not attempt to compromise the security on the ALM servers by any means including, but not limited to:
(a) attempting to gain access to restricted information on the ALM servers;
(b) attempting to disable, cripple or modify ALM servers or any service running on an ALM server; or
(c) attempting to access information in other ALM customers’ accounts.
ALM reserves the right to prosecute any person or entity attempting to compromise the security of the ALM servers to the fullest extent allowed by applicable law.

ADOBE SYSTEMS INCORPORATED
ELECTRONIC END USER LICENSE AGREEMENT
FOR ADOBE ACROBAT READER
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Adobe Systems Incorporated ("Adobe") End User License Agreement accompanies the Adobe ® Acrobat ® Reader product and related explanatory materials ("Adobe Software"). The term "Adobe Software" also shall include any upgrades, modified versions or updates of the Adobe Software licensed to you by Adobe. Please read this Agreement carefully. At the end, you will be asked to accept this agreement and continue to install or, if you do not wish to accept this Agreement, to decline this agreement, in which case you will not be able to use the Adobe Software. Upon your acceptance of this Agreement, Adobe grants to you a nonexclusive license to use the Adobe Software, provided that you agree to the following:
1. Use of the Software.

You may install the Adobe Software on a hard disk or other storage device; install and use the Adobe Software on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Software over such network; and make backup copies of the Adobe Software.
You may make and distribute unlimited copies of the Adobe Software, including copies for commercial distribution, as long as each copy that you make and distribute contains this Agreement, the Acrobat Reader installer, and the same copyright and other proprietary notices pertaining to this Adobe Software that appear in the Adobe Software. If you download the Adobe Software from the Internet or similar on-line source, you must include the Adobe copyright notice for the Adobe Software with any on-line distribution and on any media you distribute that includes the Adobe Software.

2. Copyright and Trademark Rights. The Adobe Software is owned by Adobe and its suppliers, and its structure, organization and code are the valuable trade secrets of Adobe and its suppliers. The Adobe Software also is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this Agreement and to identify printed output produced by the Adobe Software, in accordance with accepted trademark practice, including identification of trademark owner’s name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Adobe Software.

Microsoft Notice to USER

Microsoft disclaims to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft, its affiliates or suppliers for any damages, whether direct, indirect, or consequential, arising from the use of the Microsoft software services.

ALM will provide product support for the software services covered under this Agreement, unless otherwise indicated.

In an effort to improve the flow of email from you to your intended recipients, ALM may, from time to time, provide you with feedback from third parties. In the event that your email is deemed SPAM, and you fail to remove the recipient from your lists, ALM may, in its sole discretion, suspend or disconnect your service. In cases where feedback is provided by Microsoft, you shall treat the feedback and all information contained in such feedback as confidential information that is owned by Microsoft, and shall not share such feedback with any third parties.
_________________________________________________________________________________________________

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT; YOU UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS LICENSE CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND ALM AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL, OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS LICENSE. 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.