Control Writer Software End User License Agreement
Under this Control Writer Software End User License Agreement (the “Agreement”), Control Writer Software, LLC (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use Control Writer (the “Software”) with Licensee Content (the “Content”).
“Software” includes access to the online Software website, the executable computer programs that may be installed on any desktop or mobile device and any related printed, electronic and online documentation and any other files that may accompany the product.
Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. “Content” includes any text, images, intellectual property, copyrights or other files that are used by the Licensee within the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
This Agreement grants a user access to use the software at one location at any particular time.
The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
Purchase Price / License Fee
The subscription price paid on a periodic basis as elected by the Licensee (i.e. monthly, quarterly, annually, etc.) will constitute the entire license fee on a periodic basis, based on the original term and is the full consideration for this Agreement.
Limitation of Liability
The Software is provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the current billing period. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.
Limited Content License for Vendor
In order to remain compliant with copyright laws which could prevent the Vendor from processing, maintaining, storing, backing-up and distributing the Licensee’s content the Licensee grants the Vendor certain limited license rights so that they may perform necessary technical functions. By using the software and uploading content, you are granting the Vendor a license to display, perform and distribute or modify for technical purposes (such as making sure that all content is viewable on varying devices like mobile phones as well as computers and tablets), and then reproducing the content to operate the software. Licensee also agrees that Vendor has the right to choose not to accept, post, store, display, publish or transmit any content at Vendor’s sole discretion.
The Licensee agrees that these rights and licenses are royalty free, worldwide and irrevocable as long as the content is stored and used with Vendor’s software and this includes the right for the Vendor to make such Content available to, and pass these rights along to others with whom Vendor has contractual relationships that are critical for the performance of Vendor’s software functions, and to permit access or disclosure of Licensee’s content to third parties if Vendor determines that it’s necessary to comply with legal requirements.
If Licensee chooses to use any third party service or application that is integrated with Vendor’s software, Licensee then also agrees that the licenses granted to the Vendor in the preceding paragraph shall apply to Content that is submitted or uploaded through such third party service or application. If the third party service or application Licensee chooses to utilize interacts with Licensee’s content by accessing it or extracting it, Licensee grants Vendor the right and license to enable that third party access to and for the extraction of the Content. The Vendor doesn’t assume any responsibility for, or liability on account of, any actions or omissions of said third party applications or service providers.
In this, Vendor must rely upon Licensee’s rights to upload and distribute their Content and Licensee represents and warrants to Vendor that Licensee possesses legal rights and authority to submit their Content to the Vendor, to make any other user, publication or other distribution of that Content in Licensee’s use of the Software, and to grant the rights granted to Vendor under this Agreement.
Licensee understands and agree that Vendor, in performing any required technical actions to provide the Software to its users, may make such changes to Licensee’s Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
Warrants and Representations
The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.
All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) upon the first successful login or use of the Software with the Vendor.
No user support or maintenance is provided as part of this Agreement.
The term of this Agreement will begin on Acceptance and is perpetual.
This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will forfeit any access to the Software.
The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
The Software can be deactivated and the Vendor reserves the right to remotely deactivate the Software through website access or on the Licensee’s computer(s) or mobile devices without notifying the Licensee and without the need of permission from Licensee for reasons pertaining to violation of any clause in this Agreement or if Licensee fails to complete payment for the Software in accordance with any payment plans, or if Licensee reverses payments (such as, but not limited to, credit card charge backs or bounced checks). Under such a circumstance in which the Vendor deactivates the Software through website access or on the Licensee’s computer(s) or mobile devices for reasons pertaining to violation of any clause in this Agreement, or if Licensee fails to complete payment for the Software in accordance with any payment plans, or if Licensee reverses payments (such as, but not limited to, credit card charge backs or bounced checks) under such circumstances Licensee will forfeit the full purchase price (or any portion of the purchase price paid) and shall not be granted any refund for the deactivated software.
In the event of license forfeiture, the Licensee will forfeit all access to any information that is stored on the Vendor’s cloud servers or other vendor locations. Additionally, in forfeiting the license, the Licensee will lose access to all versions of the software; which means they will no longer be able to open, use, read or access the data stored on their own systems of the Vendor’s software file type, since an active license is required to use the software.Vendor is under no obligation to retain or store any copy of Licensee’s information on its servers.
Below are the minimum age requirements to purchase a software license:
United States: 13 or older
Spain: 14 or older
South Korea: 14 or older
Netherlands: 16 or older
All other countries: 13 or older
The Parties to this Agreement submit to the jurisdiction of the courts of the State of Florida for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Florida.
Modifications and Terminations
This Agreement may change from time to time. If such changes are made, they will be effective in the Licensee’s billing cycle that immediately follows the change and we will notify you by a notice posted on this page and/or within the software that changes have been made to this Agreement. If the Licensee disagrees with the changes that have been made to this Agreement, the Licensee agrees to cancel their active subscription prior to the next billing cycle. Failure to cancel their subscription constitutes acceptance of any changes made to this agreement.
We may terminate this agreement for any reason and at any time without notice to you.
If you are concerned about this agreement you should read it before you use the software. Any questions or concerns should be brought to our attention by sending an e-mail to firstname.lastname@example.org, and providing us with information relating to your concern.
This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.
All notices to the Vendor under this Agreement are to be provided at the following address: Control Writer Software, LLC, 4521 PGA Blvd #490, Palm Beach Gardens, FL 33418