CIS Software Agreement
Table 2 – CIS Software User’s Licence
CIS SOFTWARE LICENSE TERMS OF USE
These license terms are an agreement between CIS World Wide Sales Group and your company. Please read them.
They apply to the software named above. The terms also apply to any CIS Software
- Updates,
- Supplements,
- Internet-based services, and
- Support services
For this software, you accept these terms. If you do not accept them, do not use the software.
As described below, using some features also operates as your consent to the transmission of certain standard computer information for internet-based services.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may access the software from your device via the internet to input data and files for use with CIS Software and to retrieve your data and files when needed;
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. CIS Software reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
- Work around any technical limitations in the software;
- Reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
- Make more copies of the software that specified in this agreement or allowed by applicable law, despite this limitation;
- Publish the software for others to copy;
- Rent, lease or lend the software;
- Transfer the software of this agreement to any third party; or
- Use the software for commercial software hosting services.
3. BACKUP OF YOUR DATA AND FILES. You are responsible for your data and files and you should therefore use the CIS Software Back-up Features to make periodic backup copies of your data and files to your own FTP Server. CIS Software is backed-up on our server every day and these back-ups are retained for one month.
4. DOCUMENTATION. Any person that has valid access to your CIS Software as assigned by you may download and use the documentation, files and data.
5. ACCESS BY ANOTHER DEVICE. You may use and access CIS Software on another device using your login username and password.
6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
7. SUPPORT SERVICES. CIS Software is supported by a 1-800 Support number that may be obtained from your Master Distributor or CIS Certified Consultant and by the Master Distributor or CIS Certified Consultant’s support plans.
8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates and internet-based services that you use, are the entire agreement for the software and support services.
9. APPLICABLE LAW.
- Unites States. If you acquired the software in the United States, Washington state law governs the interpretation of
this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all unfair competition laws, and in tort.
- Outside the United States. If you acquire the software in any other country, the laws of that country apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of you country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
11. DISCLAMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. CIS Software gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, CIS Software excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from CIS Software and its Master Distributors’ only direct damages up to U.S. $ 347.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages:
- Anything related to the software, services, content (including code) on third party internet sites, or third party programs; and
- Claims for breach of contract, breach of warranty; guarantee or permitted by applicable law.
It also applies even if CIS Software knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
13. INDEMNITY; LIMITATION OF LIABILITY. You will indemnify and hold harmless CIS Software and its Affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity (“Claim”) that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; (ii) your Services and any Materials, including any actual or alleged infringement of any intellectual property or proprietary rights by any of your Services or Materials; and/or (iii) your failure to comply with any applicable laws and regulations in connection with your use of the Site.
