User Agreement
 



INTELLISOFT LICENSE AND WARRANTY


This End User License Agreement (the "License") is made and entered by and between you and Intellisoft, Inc. ("Intellisoft"). For purposes of this License, the terms "Software" shall mean the computer program delivered online or electronically and may include associated media, associated modules, associated copy protection devices, electronic or printed documentation, printed materials, and revisions thereof that may be provided to you by Intellisoft. 

Subject to the terms and conditions of this License, Intellisoft hereby grants to you, and you, by taking delivery of the Software, accept a non-exclusive, non-transferable license to use the Software in machine readable, object code form only. The Software and its corresponding documentation are copyrighted and licensed (NOT SOLD).

By taking delivery of the Software, you accept and agree to the terms of this license agreement. This license agreement and any attached addenda represent the entire agreement concerning the Software between you and Intellisoft, and supersede any prior proposal, representation, or understanding between the parties. Please note that this version of the license agreement shall supersede where there are any conflicts between this electronic version of the agreement and any written agreements that may be part of the documentation, materials, manuals, and packaging associated with the Software.

While Intellisoft continues to own the Software, you will have certain rights to use the Software. Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the Software are as follows:

* You may:
(i) use one copy of the Software on a single computer owned, leased or otherwise controlled by you;
(ii) make one copy of the Software for archival purposes, or copy the software onto the hard disk of your computer and retain the original for archival purposes (any such copy shall include Intellisoft's copyright and other proprietary notices);
(iii) use the Software on a network, provided that you have a licensed copy of the Software for that network;

* You may not:
(i) copy the documentation, which accompanies the Software;
(ii) assign, pledge, share, sublicense, rent, lease, or transfer in any manner whatsoever any portion of the Software, in whole or in part;
(iii) use the provided activation code to install and register more software licenses than originally purchased or leased.
(iv) reveal the confidential activation code to other parties, or publish the confidential activation code on any public forum or media.
(v) reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source code of the Software;
(vi) disable, modify, remove, or make any attempt to circumvent the copy protection method or copy protection device that accompanies the Software;
(vii) use the software to create computer programs with similar appearance or logic;
(viii) enter into any agreement or relationship to manufacture, sell or distribute other computer programs with similar appearance or logic;
(ix) disclose any valuable trade secrets, confidential information, or ideas of the software to other parties;
(x) use a previous version of the Software in addition to an upgraded version received as a replacement of the prior version. Upon upgrading the Software, all copies of the prior version must be destroyed except for copies retained for archival purposes.


Intellectual Property Rights
You expressly understand and agree that the Software constitutes and includes valuable trade secrets, confidential information, ideas and expressions belonging to Intellisoft resulting from substantial creative effort and expense and agree that you will not disclose the Software or its operation to any third party. You further acknowledge that all right, title and interest in and to the Software, including associated intellectual property rights, are and shall remain with Intellisoft. You further agree to take all reasonable steps to protect the Software from unauthorized use or disclosure.


License Fees
The license fees paid by you are paid in consideration of the License granted hereunder.

Term
This license is effective upon delivery of the Software to you and shall continue until terminated. Intellisoft may terminate this License upon the breach by you of any term hereof.  In the event of such termination and upon notice to you of termination, you shall be required to destroy all copies of the software.


Trademark
Intellisoft, ManageMore, Intellifile, and IntelliCharge are trademarks of Intellisoft.  No right, license, or interest to such trademarks is granted hereunder and you agree that  no such right, license, or interest shall be asserted by you with respect to such trademarks. You agree that you shall not use the trademarks in any manner whatsoever without the express, written consent of Intellisoft.

Product Guarantee
If you are the original licensee of this copy of the Software and are dissatisfied with it for any reason, you are entitled to a full refund based on the return policy specified on your original invoice or within thirty days of the original invoice date, whichever is greater. 

Demo or Evaluation Versions
If Intellisoft designates the Software as a "Demo" or "Evaluation" version, then your license rights under this Agreement shall extend solely for a 60-day evaluation period, during which your use is restricted solely to allow you to determine whether to purchase an ongoing license to the Software. Unregistered use of the Software, including documentation, beyond the trial period violates Intellisoft’s rights, as described above, including but not limited to Intellisoft's rights under the United States Copyright Act. You acknowledge that any Demo or Evaluation version is merely a technology demonstration that may not be at the level of performance or compatibility of generally available Intellisoft Software products. Demo or Evaluation versions are provided strictly on an as is basis.

Payment of Software
You shall be responsible for payment of any sales, use or similar taxes levied upon the software or services rendered by Intellisoft.   Under special finance or rental payment arrangements of the software, you will be responsible for making payments on a timely basis.  If payment is returned from insufficient funds, Intellisoft, at its sole discretion, may request entire payment for the Software at such time, and the same shall become immediately due and payable.

Software Updates
Pursuant to the original invoice between you and Intellisoft, for the use of the software, a certain limited period of software updates will be included at no charge. During this period, Intellisoft will  provide you with unlimited software updates via an internet download only. Software updates primarily include improvements to existing functionality in the program and may or may not include new features to your existing software. It is your sole responsibility and decision to periodically check for these updates within your limited period or within any extended product support plan given. Intellisoft reserves the right to revoke, cancel, suspend, or discontinue software updates, and/or charge additional fees for software updates.

Software Rentals
Pursuant to the original invoice between you and Intellisoft, for the use of the software, an unlimited period of technical support and software updates are included at no charge to software rental licenses only.  Intellisoft will  provide you with unlimited software updates via an internet download only.  Software updates primarily include improvements to existing functionality in the program and may or may not include new features to your existing software.   Software rental licenses are on a month-to-month basis and can cancel their rental arrangement or request to purchase a software license at any time.   Intellisoft reserves the right to revoke, cancel, suspend, or discontinue and software rental, and/or charge additional fees to software rental licenses at any time.

Software Product Telephone Support
Pursuant to the original invoice between you and Intellisoft, for the use of the software, a certain limited period of telephone support may  be included at no charge. During this period, Intellisoft will provide you with technical assistance on the software during its regular business hours only. This telephone support is not intended to substitute for the necessary training of new users on the software, but rather is intended to assist those users who are already familiar with the software and require some further assistance. Intellisoft reserves the right to revoke, cancel, suspend or discontinue telephone support services, and/or charge additional fees for telephone support. 
 
Software Product Online Support
Pursuant to the original invoice between you and Intellisoft, for the use of the software, a certain limited period of online support may  be included at no charge. During this period, Intellisoft will provide you with an electronic form of  technical assistance on the software during its regular business hours only. Online support may include, but not be limited to a live web chat service, email correspondence, web trouble ticket service and/or an online web forum. These online support services are not intended to substitute for the necessary training of new users on the software, but rather are intended to assist those users who are already familiar with the software and require some further assistance. Intellisoft reserves the right to revoke, cancel, suspend or discontinue online support services, and/or charge additional fees for online support.

Subscription Support Renewal
You understand and agree that any additional fees for extended technical support services offered by Intellisoft, including but not limited to product telephone support and/or product online support are optional and non-refundable.

Interruption of Software
You understand that the software may be intentionally designed to interrupt its usage from time to time under certain arrangements between you and Intellisoft. This acknowledged interruption of the software may occur for any of the following reasons:
(i) A finance arrangement of the software has been established for a certain period of months.
(ii) A rental arrangement of the software has been established on an ongoing monthly basis.
(iii) A customer record limit has been established that will not allow any further data entry into the software.

Upon full payment of any of the above mentioned situations, a proprietary code will be issued to you by Intellisoft, that will resume the use of the software. You will have the right, at any time, to purchase the software without reservation, which will eliminate any intentional interruption of the software.

Copy Protection
The software covered under this license has been copy protected to prevent unauthorized duplication of the software. This copy protection is not contained on Intellisoft's website or on any CD or other media which may have been delivered to you for the sole purpose of transporting the software to your computer hardware only. 

The copy protection of the Software will specifically be one of the following:

(i)   A periodic transmission of non-sensitive information is sent to our dedicated internet server.  This information includes, but is not limited to, your company name, software serial number, registration information, and computer identification name.  This information is not sold or used for any other purpose than to validate the authenticity of your software license.  You understand that this software may be intentionally designed to interrupt its usage if this copy protection method is unable to successfully communicate to our dedicated internet server or if our records indicate that the software is not in compliance with this license agreement.   Under certain conditions, the Software will provide advanced warnings of possible interruption  if it is unable to validate the authenticity of your software license.

(ii) A proprietary hardware device (commonly known as a "Hardware Key") that must remain
externally connected to your computer hardware on which the software has been
installed to identify that the software is licensed and registered to that hardware.  Loss of this copy protection device that accompanies the Software may result in additional fees, including
the purchase of a new software license.

Personal Information
We have taken security measures, consistent with international information practices, to protect your personal information.  In some cases, Intellisoft may provide non-sensitive information to selected business partners to communicate to you information about products or services that may be important to you or your business. If you prefer that we not provide this non-sensitive information to our business partners, you can 'opt-out'  from us sharing your information by sending a mailed letter to:  Intellisoft Customer Service, 7735 NW 146 Street, Suite 306 - Miami Lakes, FL 33016.

Please be advised that in certain instances, it may be necessary for Intellisoft to disclose your personal information to government officials or otherwise as required by our legal obligations.

Limited Warranty
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE SOFTWARE IS LICENSED "AS IS."
Intellisoft warrants for your benefit alone that the media on which the Software is distributed will be free from defects for a period of thirty (30) days from the date of purchase to you.  Your sole remedy in the event of a breach of this warranty will be that Intellisoft will, at its sole option, replace any defective media returned to Intellisoft within the warranty period or refund the money you paid for the Software. Intellisoft does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be
error-free.
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

Disclaimer of Damages
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL INTELLISOFT BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY ACTION RELATED TO THE SUBJECT MATTER OF THE LICENSE OR OTHERWISE, UNDER CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST OR INACCURATE DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF INTELLISOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL INTELLISOFT'S CUMULATIVE LIABILITY EXCEED THE LICENSE FEES FOR THE SOFTWARE.
The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

Effect of Invalidity
The invalidity in whole or part of any provision hereof shall not affect the validity of any other remaining provisions hereof.

Waiver
The waiver by one party of the performance of any covenant, condition, obligation, representation, warranty, or promise in this agreement shall not invalidate this agreement or be deemed a waiver by any party of the time for performing any act or condition hereunder and does not constitute a waiver of the act or condition itself.

Publicity
Either party may disclose the fact that an agreement exists between the parties for use of the software. However, neither party will disclose the specific terms of this agreement, including pricing, which the parties agree to maintain as confidential.

U.S. Government Restricted Rights
RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable, Intellisoft, Inc., 7735 NW 146 Street, Suite 306, Miami Lakes, FL 33016.

General
This Agreement will be governed by the laws of the State of Florida. This Agreement may only be modified by a license addendum which accompanies this license or by a written document which has been signed by both you and Intellisoft. Should you have any questions concerning this Agreement, or if you desire to contact Intellisoft for any reason, please write: Intellisoft Customer Sales and Service, 7735 NW 146 Street, Suite 306 - Miami Lakes, FL 33016.

 

 


Now that you have read the terms and conditions of this end user license agreement,  you may only continue to use the SOFTWARE upon acceptance and in accordance with these terms and conditions. If you do not accept these terms and conditions and agree to be bound by them, please return the product to the place of purchase or contact Intellisoft for a refund.


 
   
   
   
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