End user agreement for IBillIt for AIM/ARB for Authorize.Net
This is a legal agreement ("Agreement") between you (either an individual or, if purchased or otherwise acquired by or for an entity, an entity), the end user ("Customer" or "you") and IT DevWorks LLC (“IT DevWorks”). By accessing or using the IT DevWorks website and by using software from IT DevWorks; you agree to the following terms and conditions. By clicking the I AGREE button below, and/or using the website www.itdevworks.com <http://www.itdevworks.com> (“Site”) and/or downloading, installing or using the I Bill-IT plug-in ("Software"), you are expressly indicating your agreement and assent to the Terms and Conditions. This is a legally binding agreement. These terms apply to Software, license keys and documentation for the Software, as well as any support services provided by IT DevWorks or its contracted support provider, IT SystemWorks, with respect to the foregoing, unless other terms accompany those items. If so, those terms apply.
If you do not agree with these terms and conditions; do not use the site or the software. The terms of an end user license agreement accompanying a particular software file upon installation or download of the software shall supersede the terms presented below.
The export and re-export of IT DevWorks' software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba; Iran; Iraq; Libya; North Korea; Sudan; or Syria or any country to which the United States embargoes goods. In addition; IT DevWorks' software may not be distributed to persons on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals.
By downloading or using an IT DevWorks' software product you are certifying that you are not a national of Cuba; Iran; Iraq; Libya; North Korea; Sudan; or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals.
As between IT DevWorks and you, IT DevWorks is the sole owner of all proprietary rights, title and interest of every kind and nature in and to the Site and the Software including, without limitation, all applicable U.S. and non-U.S. copyrights, moral rights, service marks, trademarks, service and trademark rights, rights of publicity, trade secrets, patents and patent rights, mask work rights and other intellectual property rights thereto. Customer shall take no action causing the Software, support services (if any), license keys, documentation, or any other IT DevWorks proprietary material to lose its character as such or to cease to qualify as IT DevWorks proprietary material. You shall maintain the confidentiality of all information obtained from IT DevWorks and IT SystemWorks, such as your license key and any other information regarding user support.
Subject to the terms and conditions of this Agreement, IT DevWorks grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, royalty-bearing, terminable, worldwide license to install and use one copy of the Software on a single computer within a single operating system for Customer's purposes only.
A. This Agreement does not allow the Software to exist on more than one computer, or to be shared, installed or used on different computers. If you have multiple licenses for the Software, you may then have as many copies of the Software as you have licenses, in use at any given time.
B. This Agreement permits you to make one copy of the Software solely for backup or archival purposes, or to transfer the Software to a single disk, provided that you keep the original solely for backup or archival purposes.
C. This Agreement permits you to make one copy of the documentation associated with the Software solely for backup or archival purposes. You may not publish or otherwise distribute the documentation.
Use of the Software is subject to successful completion of a license verification process during installation of the Software.
Use, Obligations, and Conduct
Any attempt by you, or others using the Software, to generate your own license keys or to decipher, or disable the provided license key may result in immediate termination of this Agreement. IT DevWorks also may immediately terminate this Agreement in the event of unauthorized or illegal use of the license key.
The Site and Software provided may be used only for lawful purposes. You agree not to reproduce, republish, display on another website, frame, mirror, download, transmit, distribute (electronically or otherwise), reverse engineer or otherwise attempt to gain access to the source code of, adapt, edit, modify, create derivative works based on, market or advertise, or offer on a for-charge basis the Site or Software, or any portion thereof, except as expressly permitted under this contract. You may not use Content or Software in a manner that exceeds the rights granted to you. You further agree that you will not distribute, broadcast, transmit, publicly display, publicly perform, publish or otherwise make available, whether electronically or in any other form, for commercial purposes or any purpose other than your own personal use, any Content or Software so made available on or through the Site without the prior express written authorization of the owner or rights holder of the Content or Software. You agree that you will not take any action to interfere with nor attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content or Software.
The foregoing license gives you limited license to use the Software, license keys and documentation. All copyrights, patents, trademarks, know-how and any other intellectual property relating to the Software, copies thereof, support services (if any), license keys and documentation belong exclusively to IT DevWorks LLC. You shall not alter or remove any copyright, trademark or other proprietary notice in the Software, license keys or documentation. All rights not specifically granted in this Agreement are reserved by IT DevWorks.
You may not sublicense, lease or transfer the Software, license keys, or documentation to any third party, and may not give the Software, license keys, or documentation as security to any third party. You may not make or distribute copies of the Software, license keys or documentation, or electronically transfer the Software from one computer to another over a network. You may not access the source code of the Software or license keys or alter, merge, modify, adapt, translate or create derivative works of the Software or license keys. You may not reverse engineer, reverse assemble, or decompile the Software or license keys. You may not translate the Software into any language or distribute a program or a patch to change the language or other setting and functions of the Software or license keys.
Disclaimers and Limitations
You agree to indemnify, defend and hold IT DevWorks and IT SystemWorks and their subsidiary and parent entities, predecessors, successors, affiliates, and assigns, and all of their respective current and former officers, directors, members, shareholders, agents, and employees from any and all action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys' fees and costs)), which arise out of or are related to (1) your inability to download, install, validate or use the Software, support services (if any), license keys or documentation; (2) your use of the Software, support services (if any), license keys or documentation.
DISCLAIMER OF WARRANTIES: YOU AGREE THAT IT DEVWORKS HAS MADE NO EXPRESS WARRANTIES TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. IT DEVWORKS DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE; EXPRESS OR IMPLIED; INCLUDING; WITHOUT LIMITATION; ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; MERCHANTABLE QUALITY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. Some states or jurisdictions do not allow the exclusion of implied warranties; so the above limitations may not apply to you.
LIMIT OF LIABILITY: IN NO EVENT WILL IT DEVWORKS BE LIABLE TO YOU FOR ANY LOSS OF USE; INTERRUPTION OF BUSINESS; OR ANY DIRECT; INDIRECT; SPECIAL; INCIDENTAL; OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT; TORT (INCLUDING NEGLIGENCE); STRICT PRODUCT LIABILITY OR OTHERWISE; EVEN IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; so the above limitation or exclusion may not apply to you.
This Agreement is effective from the date on which the Software is first downloaded to Customer's computer. The license to use the Software is perpetual, subject to the terms and conditions of this Agreement, unless terminated pursuant to the Section Termination section below.
Your rights under this Agreement will terminate immediately upon notice from IT DevWorks if you fail to comply with any term(s) of this Agreement. Upon termination of this Agreement under any circumstances, Customer must cease use of and destroy all copies of the Software, documentation and any applicable license keys. Upon termination, Customer shall not be entitled to any refund of any portion of the license fee.
Controlling Law and Severability
This Agreement shall be governed by the laws of the states of Washington state, without regard to conflict of law principles. Any suit, action or proceeding relating to this Agreement shall be commenced in the state and federal courts located in King county. The prevailing party in any action to enforce this Agreement shall be entitled to its reasonable attorneys' fees and costs. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
This Agreement, and any additional terms applicable to support services (if any) and license keys are the entire agreement for the Software, support services (if any) and license keys. This Agreement supersedes any previous or contemporaneous agreement, documentation, or understandings, whether oral or written between the parties (if any) with respect to any and all version of the Software. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relating to the Software licensed hereunder shall be of no effect. Any failure or delay of IT DevWorks to exercise any of its rights under this agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.
A. You will comply with all applicable laws, regulations, rulings, and executive orders of any governmental authority relating to the exportation and importation of the Software, including, but not limited to, the export and destination control regulations for U.S. goods.
B. If you have any questions regarding this Agreement or the Software, please contact IT DevWorks LLC at 218 Main St. PMB 759, Kirkland, WA 98033-6108.
C. This Agreement is written only in the English language, which language will be controlling in all respects. Versions of this Agreement in any other language are only for accommodation and are not binding upon the parties. To be effective, any communications or notices to be made or given pursuant to this Agreement must be in the English language, except as may be required under applicable law.
D. No IT DevWorks dealer, agent or employee is authorized to make any amendment to this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
BY CHECKING "I AGREE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PRESS "DISAGREE".