PLEASE READ THIS AGREEMENT CAREFULLY
THIS END USER LICENSE AGREEMENT (“AGREEMENT”) IS BETWEEN
MIIIA PTY LTD (THE “COMPANY”) AND THE PERSON WHO SUBSCRIBES TO THE
SOLUTION(S) PROVIDED WHICH ACCOMPANIES THIS AGREEMENT (THE “USER”).
THIS AGREEMENT GIVES THE USER THE RIGHT TO ACCESS AND USE THE COMPANY’S
SOLUTION(S) THAT ARE SUBSCRIBED TO FROM THE COMPANY. THE COMPANY WILL CHARGE
FOR EVERY MICROSOFT CRM ORGANIZATION INSTANCE THAT WISHES TO USE SOLUTION(S).
THE COMPANY IS WILLING TO GRANT A USER THE RIGHT TO ACCESS AND USE THE
COMPANY’S SOLUTION(S) ONLY IF THE USER ACCEPTS ALL OF THE TERMS OF THIS AGREEMENT,
AND PAYS OR HAS PAID THE COMPANY, THE FULL
SUBSCRIPTION PRICE FOR USE OF THE LICENSE TO WHICH THE USER HAS SUBSCRIBED. THE
PRICE FOR THE SOLUTION(S) IS PER ORGANIZATION/INSTANCE AND MUST BE LISCENSED
FOR ALL INSTANCES THE USER WISHES TO INSTALL THE SOLUTION(S) ON. THIS MEANS
SEPARATE LICENSES WILL BE REQUIRED FOR EACH PRODUCTION, DEVELOPMENT, TEST,
BY CLICKING THE “I AGREE” BUTTON BELOW AND ACCESSING THE
SERVICE, THE USER ACKNOWLEDGES THAT THE USER HAS READ THIS AGREEMENT,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT. IF THE USER DOES NOT AGREE TO ALL OF
THE TERMS IN THIS AGREEMENT, THE USER SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE
PRODUCTS BECAUSE NO LICENSE SHALL HAVE BEEN GRANTED THERETO.
In consideration of the payment of the subscription
price for the right to use the Company’s solutions, and the User’s adherence to
all provisions of this Agreement, the Company grants the User a personal,
non-exclusive, non-transferable license to access and use the Company’s
User may not copy, modify, or transfer the
solution to others, in whole or in part, except as expressly provided in this
Agreement. The solution contains trade secrets of the Company, and the User may
not reverse engineer, disassemble, decompile, or translate the solutions, or
otherwise attempt to derive its source code or the source code through which
the solution is accessed, or authorize any third-party to do any of the
foregoing. The license granted hereunder is personal to the User, and any attempt
by the User to transfer any of the rights, duties or obligations hereunder
shall terminate this Agreement and be void. The User may not rent, lease, loan,
resell, or distribute the solution or any part thereof in any way including,
but not limited to, making the solution available to others via shared access
to a single computer, a computer network, or by sharing access information,
which includes the User’s Username and Password.
The Company’s solutions are the property of the
Company, if any, and subject to applicable patent, copyright, trade secrets,
trademarks and other proprietary rights. The solutions are licensed, not sold,
to the User for use only under the terms of this Agreement, and the Company
reserves all rights not expressly granted to the User.
User must subscribe to service each month, year or
applicable licensing period. Renewal of monthly subscription will be automatic
until User communicates in writing the desire to terminate the subscription.
Charge is paid at the beginning of each month and will be paid by credit card
only. Company will process User credit card for each solution subscribed
charging for all User subscribed solutions until the last day of the current
month. If the credit card transaction fails the solutions will expire. This
Agreement and license granted herein will terminate at the end of the last day
of the month subscribed and for which payment has been received in full unless
credit card payment is processed for service(s).
This Agreement will terminate immediately if the
User breaches any term of this Agreement. Further, in the event of a
termination or expiration of any agreement between the Company, the User’s
right to access and use the solutions may also terminate or expire without
prior notice to User. A User may terminate this Agreement at any time by
notifying the Company in writing or phone call prior to the 1st of the month
(payment processing). Or a user can terminate by going into the solution and
“Unsubscribe”. Upon receipt of notice of termination from the User,
the license and the User’s access to the solutions(s) shall expire on the last
day of the month.
6. WARRANTY DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE
COMPANY’S SOLUTION(S) ARE PROVIDED “AS IS” AND THE COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND, FOR THE SOLUTION(S) AND ANY OTHER MATERIAL
PROVIDED TO THE USER BY THE COMPANY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES
NOT WARRANT THAT THE SOLUTION(S) ARE ERROR-FREE, THAT THEIR OPERATION WILL BE
UNINTERRUPTED, OR THAT SOLUTION(S) WILL MEET ANY PARTICULAR
USER REQUIREMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE
COMPANY MAKES NO WARRANTY AND PROVIDES NO ASSURANCE THAT THE SOLUTION(S) WILL
MEET CERTIFICATION REQUIREMENTS OF ANY REGULATORY AUTHORITY OR OTHER
ASSOCIATION LICENSING AGENCY.
No failure to enforce any term of this Agreement shall
constitute a waiver of such term in the future unless such waiver so provides
by its terms.
If any part of this Agreement is for any reason
found to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions of this Agreement shall not be
affected and same shall remain in effect.