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END USER LICENSE AGREEMENT THIS IS AN ELECTRONIC CONTRACT BETWEEN YOU AND LORENTZ CONSULTING GROUP, LLC A TEXAS FORMED COMPANY. AS SUCH, YOU ARE MAKING LEGALLY ENFORCEABLE PROMISES TO US. ACCEPTANCE OF THIS AGREEMENT IS ACKNOWLEDGED EITHER THROUGH CLICKING THE 'I have read and accept...' BOX AT REGISTRATION AND/OR BY INSTALLATION AND USE OF THE SOFTWARE. RIGHTS GRANTED UNDER THE LICENSE "@-Manager", "Software", and "Source Code" refers to the form processing, database administration, e-mail engine, associated programming code, and documentation, contained on www.atmanager.com or associated URLs. "You" means the person or company who is being licensed to use the @-Manager Software. "We," "us" and "our" means Lorentz Consulting Group, LLC. A. We hereby grant you a nonexclusive license to use @-Manager only on domains that have successfully registered at www.atmanager.com/registration.html B. You have the right to use and alter @-Manager and its' Source Code and Documentation for your own purposes as long as it does not breach any of the restrictions, representations, warranties or covenants of this agreement. TITLE We remain the owner of all right, title and interest of @-Manager including all Source Code and associated documents. You agree and acknowledge that @-Manager is our intellectual property and that you have no right to title or interest therein. RESTRICTIONS 1. All sites that make use of @-Manager must be successfully registered at www.atmanager.com/registration.html 2. This license is NON-TRANSFERABLE. 3. No rights are given to distribute or re-sell the Software or its' Source Code in part or in whole. 4. You must not remove or alter any @-Manager and Lorentz Consulting Group, LLC links (including about and help links), copy write notices and branding text from the original form. 5. You must post the atm_about.html file in its' original delivered form to the registered site domain and ensure that the hyperlink on the @-Manager Administration login page properly links to the atm_about.html page. DISCLAIMER OF WARRANTIES AND LIABILITIES @-Manager is provided as-is. We do not make any warranties, and shall have no liability to you with respect to your use of @-Manager. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER CONTRACT, TORT, OR OTHERWISE, SHALL WE BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES INCLUDING ANY LOST PROFITS OR LOST SAVINGS EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY. USE AND CONTENT RESPONSIBILITY You are solely responsible for any and all use of @-Manager and the content on your website, e-mails or other forms of communication associated with your use of @-Manager. This includes but is not limited to use of copyright and trademarked material, spaming, and any material that is unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, profane or could be considered a criminal offense, give rise to civil liability, or otherwise violate any law. UNDER ALL CIRCUMSTANCES AND UNDER ALL LEGAL THEORY, WHETHER CONTRACT, TORT, OR OTHERWISE; YOU WILL BE HELD LIABLE FOR ANY CLAIMS AGAINST US MADE BY THIRD PARTIES FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES PERTAINING TO YOUR USE AND CONTENT IN ASSOCIATION WITH @-MANAGER INJUNCTIVE RELIEF You acknowledge and agree that the unauthorized use, transfer or selling of @-Manager or its components will substantially diminish the value to us and cause economic damage. If you breach any of this agreement's obligations with respect to the use or confidentiality, we shall be entitled to equitable relief to protect our interests therein, including, but not limited to, preliminary and permanent injunctive relief. This license agreement is governed by the laws of the state of Texas. MISCELLANEOUS. We reserve the right to reference any registered website or company in our sales and marketing literature.
This Agreement and its exhibits contain the entire understanding and agreement between the parties respecting the subject matter hereof. This Agreement may not be supplemented, modified, amended, released or discharged except by an instrument in writing signed by each party's duly
authorized representative. All captions and headings in this Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Agreement or of any subsequent default or breach of the same or a different kind. |
