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SUREDOCS SOFTWARE LICENSE ("License") BY a la mode, inc.
IMPORTANT: READ BEFORE CONTINUING
THE FOLLOWING TERMS OF SERVICE AGREEMENT (THE "AGREEMENT") DETAILS THE TERMS AND CONDITIONS FOR THE SOFTWARE 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. a la mode, inc. 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: a la mode, inc. 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. Free Beta Period. For a limited period of time (the “Beta Period”), ALM grants to YOU a License for the use of the Software and Services free of charge as part of a Public Beta. The length of the Beta Period shall be at the sole discretion of ALM. During the Beta Period you are free to install and use this software on as many computers as you wish at no charge. When the Beta Period ends, the Software will display a message indicating the end of the Beta Period. In order to continue using the software after the Beta Period you will be required to purchase a license. By participating in this Public Beta, you are not under any obligation to purchase a license once the Beta Period has ended.
3. Term and Termination. 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.
4. ALM reserves the right to terminate this Agreement for any reason, as determined by ALM in its sole discretion.
5. USE OF THE SOFTWARE: In consideration of this License, you agree that the enclosed 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 a la mode, 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.
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 a la mode, inc. You shall not remove any proprietary notice of a la mode, inc. 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: a la mode, 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, 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, inc. 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 a la mode, 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.
12. ASSIGNMENT: You may not assign, transfer or lend the Software without a la mode, 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, inc. TO ALL REMEDIES AVAILABLE UNDER APPLICABLE LAWS.
13. VIOLATIONS OF LICENSE: Should a la mode, inc. become aware of any violations of this License, the party responsible for such violations agrees to be obligated to a la mode, inc. 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 a la mode, 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.
15. LIMITATION OF LIABILITY: IN NO EVENT SHALL a la mode, 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, 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, inc.’s PRODUCTS. a la mode, 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, 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.
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 a la mode, inc. and compliance with such laws, regulations, orders, or other restrictions.
17. 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.
18. UPDATES: At a la mode, inc.’s sole discretion, a la mode, inc. may provide you with an update. a la mode, 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.
19. CHOICE OF LAW AND VENUE: You agree that this License shall be governed by the internal substantive laws of the State of Oklahoma, U.S.A. The Oklahoma County, State of Oklahoma, U.S.A. District Court and the United States District Court for the Western District of Oklahoma 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.
20. SURVIVAL: The provisions of Sections 7, 8, 9, and 11 shall survive termination of this License.
21. 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.
22.1 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.
23. 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 pgrades, 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.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, THAT 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 a la mode, inc. 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. |
