PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
As part of the Service, WEB SUITE PRO INC will provide you with use of the Service, including but not limited to user interface and data encryption, online invoicing, project management, expense tracking, customer service management, sales force automation, transmission, access and data storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on WEB SUITE PRO INC website including but not limited to WEB SUITE PRO INC’s privacy and security policies.
Copyright & Proprietary Information:
WEB SUITE PRO INC alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, Technology, the content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Technology or the Intellectual Property Rights owned by WEB SUITE PRO INC. The WEB SUITE PRO INC name, the WEB SUITE PRO INC logos, and the product names associated with the Service are trademarks of Web Suite Pro Inc. or third parties, and no right or license is granted to use them.
This service is the provided by Web Suite Pro Inc. (“WEB SUITE PRO INC”). As copyrighted and trademarked material, it is protected by the laws of Canada, individual Provinces, international copyright and trademark laws and treaties, and international trade provisions. Web Suite Pro Inc. reserves all rights not specifically granted herein. Your rights and obligations under this License are set forth below. If you violate such obligations, this License and your right to use the Service will be terminated immediately.
Permitted Uses of a Trial License:
This License gives you all the rights and restrictions of the Purchased License with additional restrictions that:
(i) upon the expiration of the thirty (30) day trial period set to begin upon the installation of the Software,
the License will terminate and you will loose all rights granted to you by this License;
(ii) upon termination of the Trial License you must either obtain a purchased License from Web Suite Pro
or discontinue all use of the Software and destroy it and all copies thereof.
Prohibited Uses of a Trial License. You may and you may not authorize anyone else to:
(i) sell, rent, lend, assign, sublicense or transfer the Software or your rights hereunder.
Calculation of number of accounts used.For the purpose of this License Agreement total
number of accounts used by you is equal to a total number of websites, that Software is able
License Grant & Restrictions:
WEB SUITE PRO INC hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by WEB SUITE PRO INC and its licensors.
You may not access the Service if you are a direct competitor of WEB SUITE PRO INC, except with WEB SUITE PRO INC’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; or (iii) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
You may use the Service only for your internal business purposes and shall not: (i) send or store infringing, obscene, threatening, or otherwise unlawful material, including material harmful to children or volatile of third party copyright or privacy rights; (ii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (iv) attempt to gain unauthorized access to the Service or its related systems or networks.
WEB SUITE PRO INC does not own any data, information or material that you submit to the Service in the course of using the Service. You, not WEB SUITE PRO INC, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all customer data, and WEB SUITE PRO INC shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any customer data. You agree and acknowledge that WEB SUITE PRO INC has no obligation to retain customer data and that such customer data may be irretrievably deleted if your account is 30 days or more delinquent.
You may terminate this License at any time by discontinuing all use of Service.
Payments of Fees:
If you become a paying customer, you shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are non-cancellable and all amounts paid are non-refundable. You are responsible for paying for all Services ordered for the entire license term, whether or not such Services are actively used. You must provide WEB SUITE PRO INC with valid credit card, or enter into a contract for payment acceptable to WEB SUITE PRO INC, as a condition to signing up for the Service. If you become a paying customer, WEB SUITE PRO INC charges and collects on the sign-up anniversary for use of the Service.
WEB SUITE PRO INC will automatically bill your credit card monthly or annually for recurring subscription fees starting 60 days after the date of service or on such other terms as may be offered. WEB SUITE PRO INC’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian taxes based solely on WEB SUITE PRO INC’s income. You agree to provide complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and license administrator. You agree to update this information within 60 days of any change to it. If the contact information you have provided is false or fraudulent, WEB SUITE PRO INC reserves the right to terminate your access to the Service in addition to any other legal remedies.
Unless WEB SUITE PRO INC in its discretion determines otherwise: (i) entities with headquarters and a majority of users resident in the Canada and the USA will be billed in Canadian dollars and subject to U.S. payment terms and pricing schemes; and (ii) all other entities will be billed in Canadian dollars currency and be subject to Canadian payment terms and pricing schemes at the discretion of WEB SUITE PRO INC. If you believe your bill is incorrect, you must contact us in writing within 60 days of the billing date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
Non-Payment of Fees:
In addition to any other rights granted to WEB SUITE PRO INC herein, WEB SUITE PRO INC reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). If you or WEB SUITE PRO INC initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that WEB SUITE PRO INC may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
CREDIT CARD REFUNDS
With our 60 days free trial, Web Suite Pro does not offer refunds. We bill in Canadian funds only. If you believe there is an error in your billing, simply contact us in writing within 60 days of the billing date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
Disclaimer of Warranties:
THE SERVICE AND ASSOCIATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE QUALITY AND PERFORMANCE OF THE SERVICE AND DOCUMENTATION ARE AT YOUR RISK. WEB SUITE PRO INC DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES / PROVINCE 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 OR PROVINCE TO PROVINCE.
Limitations of Warranty:
IN NO CASE SHALL WEB SUITE PRO OR ANY SUPPLIER OR ANY OTHER PERSON INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE SERVICE BE LIABLE TO YOU ON ACCOUNT OF ANY CLAIM FOR ANY SPECIAL EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, THE INABILITY TO USE, QUALITY, OR PERFORMANCE OF THE WEB SUITE PRO’S SERVICE AND DOCUMENTATION, EVEN IF WEB SUITE PRO, OR AN AUTHORIZED REPRESENTATIVE OF WEB SUITE PRO, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/PROVINCE DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
© 2003 – 2014 Web Suite Pro.