IMPORTANT-READ CAREFULLY:This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Out Of The Box Technology Hosting, LLC for the Out Of The Box Technology Hosting, LLC software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Product"). An amendment or addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
1. GRANT OF LICENSE.
Out Of The Box Technology Hosting, LLC grants you the following rights provided that you comply with all terms and conditions of this EULA:
By signing up you are granted a single login and usage of your account to manage your sync and transactions between Recur360.com and your accounting software.
You may install and use an unlimited number of copies of the Product only for your internal use on your premises. You may make an unlimited number of copies (either in hard copy or electronic form) of any electronic documents included with the Product only for your internal use on your premises.
b. Storage/Network Use.
You may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other computers over an internal network providing you have the proper licenses to do so.
c. Performance or Benchmark Testing.
You may not disclose the results of any benchmark test using the Product to any third party without Out Of The Box Technology Hosting, LLC's prior written approval.
d. Reservation of Rights.
Out Of The Box Technology Hosting, LLC reserves all rights not expressly granted to you in this EULA.
2. ADDITIONAL SOFTWARE.
This EULA applies to updates or supplements to the original Product provided by Out Of The Box Technology Hosting, LLC, unless we provide other terms along with the update or supplement.
3. PRODUCT ACTIVATION & RETURN POLICY.
In accordance with standard Corporate Return policies, Out Of The Box Technology Hosting, LLC does not allow the return of opened or installed product. The Out Of The Box Technology Hosting, LLC Server software will automatically activate after thirty (30) days of operation. You agree not to interfere, circumvent, or disable the automatic activation of the Out Of The Box Technology Hosting, LLC Software. Upon activation, your site key and IP address will be transmitted to Out Of The Box Technology Hosting, LLC file servers for verification. Once verified, the software license is finalized and cannot be de-activated or returned for any reason. You may return unopened, unused on-premise software within thirty (30) days of operation under the following provisions:
a. The Out Of The Box Technology Hosting, LLC Product has not been opened, installed or activated.
b. A proper RMA authorization has been requested (E-Mail: email@example.com for questions)
c. Your credit account is in good standing and does not have a past-due balance.
d. Services, product support and customizations performed during the return period remain billable and will be deducted from the RMA authorization amount.
Transfer to Third Party. The initial user of the Product may make a one-time transfer of the Product to another end user. The transfer has to include all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred Product must agree to all the EULA terms. No Rental. You may not rent, lease, or lend the Product.
5. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
Without prejudice to any other rights, Out Of The Box Technology Hosting, LLC may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must return all copies of the Product and all of its component parts and destroy any and all backup copies of the product and documentation.
7. CONSENT TO USE OF DATA.
You agree that Out Of The Box Technology Hosting, LLC and its affiliates may collect and use technical information you provide as a part of support services related to the Product. Out Of The Box Technology Hosting, LLC agrees not to use this information in a form that personally identifies you.
8. EXPORT RESTRICTIONS.
Export-Restricted Encryption. If the Product is identified as "North America Only Version," the following terms apply: The Product contains strong encryption and cannot be exported outside of the United States (including Puerto Rico, Guam and all other territories, dependencies and possessions of the United States) or Canada without a U.S. Commerce Department export license or an applicable license exception. You agree that you will not directly or indirectly export or re-export the Product (or portions thereof), other than to Canada, without first obtaining an export license or determining that a license exception is applicable.
9. DISCLAIMER OF WARRANTIES.
To the maximum extent permitted by applicable law, Out Of The Box Technology Hosting, LLC and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Out Of The Box Technology Hosting, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Out Of The Box Technology Hosting, LLC OR ANY SUPPLIER, AND EVEN IF Out Of The Box Technology Hosting, LLC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY AND ALL LEGAL CLAIMS OR DISPUTES RELATED TO Out Of The Box Technology Hosting, LLC PRODUCTS & SERVICES UNDER THE TERMS OF THIS AGREEMENT MUST BE FILED IN COURT OFFICES LOCATED IN HILLSBOROUGH COUNTY, FLORIDA.
11. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Out Of The Box Technology Hosting, LLC and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Product or U.S.$1.00. The foregoing limitations, exclusions and disclaimers (including Sections 9 and 10 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
12. U.S. GOVERNMENT LICENSE RIGHTS.
All Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
The Product is protected by copyright and other intellectual property laws and treaties. Out Of The Box Technology Hosting, LLC or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.
14. PRODUCT LICENSING.
Out Of The Box Technology Hosting, LLC software is licensed on a per-user basis as determined by the customer unique product license key. You agree to keep this license key confidential and private. Out Of The Box Technology Hosting, LLC reserves the right to take legal action in cases of tampering, circumventing, altering, or publicly disclosing the Out Of The Box Technology Hosting, LLC software licensing mechanisms in any way. This clause supersedes any oral or written agreements in regards to code modifications and customization of the software in any way.
15. ENTIRE AGREEMENT.
This EULA, including any addendum or amendment to this EULA which is included with the Product, are the entire agreement between you and Out Of The Box Technology Hosting, LLC relating to the Product and the support services (if any), and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Out Of The Box Technology Hosting, LLC policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.