H2OfficeSolutions software license

 

 

 

 

An H2Officesolutions license is required for each customer database managed. Customer databases can be setup for single workstation or LAN installation access.

 

The H2OfficeSolutions license can be viewed by selecting SETUP->LICENSE & REGISTRATION on the main menu.

 

An example:

 

 

 

Click ACTIVATE to enter your product activation code

 

 

 

Click +FEATURES to register a feature code

 

 

 

A copy of the license as of March, 2012.

 

 

SOFTWARE LICENSE AGREEMENT

 

This is a legal agreement between H2OFFICESOLUTIONS (hereinafter referred to as "Licensor") of 27 Arrow St, Selden, New York 11784 and the party executing this Agreement as Licensee (hereinafter referred to as "Licensee").

 

WHEREAS, Licensor is the sole owner of all rights, tangible and intangible, of certain computer software systems; and

 

WHEREAS, Licensee desires to acquire a license to use one or more of Licensor's computer software products, including software, options, attachments, documentation, data and information

THEREFORE: for and in consideration of the agreement described herein, it is understood and agreed as follows:

 

1. SCOPE OF THIS AGREEMENT

 

This Agreement shall apply to the license by Licensee, now or in the future, under Licensor's Small Business Use or Service Bureau Use plans, of any computer product of Licensor. In addition, in the event that Licensee currently has in effect any license, lease or rental plan for any of Licensor's computer software systems, the terms of this Agreement shall apply to any such license, lease or rental plan. For purposes of this Agreement, the term "SYSTEM" shall mean and refer to any computer software system or systems of Licensor for which Licensee has previously acquired, is acquiring, or shall in the future acquire, a license.

 

2. ORDERING PROCEDURE

 

Licensee shall order any computer software system or systems of Licensor by completing and executing a Product Registration Form, the most current copy of which is located on the H2OFFICESOLUTIONS Internet Web site. An order submitted by Licensee which attempts to vary the terms of this Agreement shall effectively vary such terms only if an officer of Licensor executes an amendment to this Agreement expressly consenting to such varying terms, notwithstanding Licensor's shipment of a copy of such computer software system pursuant to such order.

 

3. TYPE OF LICENSE. SYSTEM may be licensed pursuant to either of the following plans:

 

A. SINGLE USER

 

B. MULTI-USER SMALL BUSINESS NETWORK INSTALLATION (max 5 computers)

 

C. MULTI-USER CORPORATE LAN (unlimited users)

 

4. GRANT OF LICENSE. Licensor grants to Licensee a nonexclusive license to use a copy of SYSTEM, for Licensee's internal use only (for Small Business Internal Use) or for service bureau operations (Service Bureau Use), subject to the terms and conditions specified herein and only on the computer system(s) specified on the H2OFFICESOLUTIONS Registration form.

 

5. ACCEPTANCE PERIOD. Licensee shall have a thirty (30) day acceptance period, COMMENCING WITH THE DATE ON WHICH THE H2OFFICESOLUTIONS PRIMARY ACCESS PASSWORD IS PROVIDED TO THE LICENSEE, for the purpose of evaluating SYSTEM. If Licensee elects not to accept SYSTEM, then Licensee shall notify Licensor in writing of such election prior to the end of the acceptance period and return all copies of SYSTEM to Licensor within ten (10) days of such notification. Thereafter Licensee shall have no obligation to Licensor to pay for SYSTEM, but Licensee shall continue to be bound by the terms and provisions of paragraph eight of this Agreement. If Licensee orders an additional copy of SYSTEM at a time when Licensee already holds a license to use a copy of the same SYSTEM, there shall be no acceptance period for such additional copy of such SYSTEM and such additional copy shall be deemed to be accepted upon delivery to Licensee.

 

6. Payment

 

A . An invoice for use of SYSTEM shall be rendered to Licensee during the thirty (30) day acceptance period referred to in paragraph five hereof and, unless Licensee elects not to accept SYSTEM in accordance with the terms of paragraph six hereof, payment of such invoice shall be due upon completion of such thirty  (30) day acceptance period.

 

B. Payment for the fee under the Maintenance and Enhancement Plan referred in paragraph fourteen hereof shall be due upon receipt of Licensors invoice.

 

C. Prices reflected in invoices from Licensor are stated and payable in U.S. dollars only.

 

7. TITLE,RISK OF LOSS, AND NON-ASSIGNABILITY.

 

Title to SYSTEM, all property rights therein and all materials supplied to Licensee under this Agreement shall remain the sole property of Licensor. The license to use SYSTEM hereunder is personal to Licensee and Licensee shall not transfer, sublease, assign or deliver SYSTEM (or any copy of SYSTEM) or such license to any other person or entity without the prior written consent of Licensor. Any such assignment, Licensee shall not release Licensee from its obligations hereunder and, as a condition precedent to such assignment, Licensee shall comply with the provisions of this Agreement as a party hereto and in the capacity as Licensee and shall provide an executed copy of such agreement to Licensor.

 

8. NON-DISCLOSURE AND NON-REPRODUCTION OF H2OFFICESOLUTIONS INFORMATION

 

Licensee understands and agrees that Licensor considers SYSTEM to be confidential information of Licensor. Licensee agrees to maintain SYSTEM in strict confidence and, except for the right of Licensee to make one (1) copy of SYSTEM for backup purposes to support its use of SYSTEM in the manner specified herein, licensee agrees not to disclose, duplicate or otherwise reproduce, directly or indirectly, SYSTEM in whole or in part of any materials relating thereto. Licensee agrees not to reverse assemble or reverse compile SYSTEM in whole or in part. Licensee agrees to take all reasonable steps to ensure that no unauthorized persons shall have access to SYSTEM and that all authorized persons having access to SYSTEM shall refrain from any such disclosure, duplication or reproduction. Licensee agrees not to remove Licensor's copyright notice and other proprietary markings from SYSTEM, and any copy of SYSTEM made by Licensee for backup purposes shall contain the same copyright notice and proprietary markings contained on the copy of SYSTEM furnished by Licensor to Licensee hereunder. Licensee acknowledges that SYSTEM is unique and that Licensee's failure to comply with the provisions of this paragraph shall result in irreparable harm to Licensor and that in the event of the breach or threatened breach by Licensee of its obligations under this paragraph, Licensor may bring suit in equity to enjoin any such actual or threatened breach. In the event that Licensee shall breach the terms of this paragraph nine and any such breach shall remain uncured for a period of five (5) days after the receipt by Licensee of written notice from Licensor of such breach, Licensor may, at its option, terminate all licenses granted to Licensee hereunder, in which event Licensee shall have no further right to use any copies of SYSTEM.

 

9. INDEMNITY. Licensor shall indemnify and hold Licensee harmless from any award of costs and damages against Licensee for any action based on infringement of any United States patent right or copyright as a result of the use of SYSTEM: (i) under the terms and conditions specified herein; (ii) under normal use; and (iii) not in combination with other items; provided Licensor is promptly notified in writing of any such suit or claim against Licensee and further provided that Licensee permits Licensor to defend, compromise or settle same and gives Licensor all available information; reasonable assistance and authority to enable Licensor to do so. The foregoing states the entire liability of Licensor with respect to infringements of any copyrights or patents by SYSTEM or any part thereof.

 

10. LIABILITY. Except as specified in this Agreement, Licensor shall not be liable for any loss or damage that may arise in connection with the furnishing, performance or use by Licensee of SYSTEM, including, without limitation, any indirect, special, incidental or consequential damages. Except as otherwise provided in paragraph ten hereof, the remedies of Licensee set forth under paragraph twelve hereof shall be the sole and exclusive remedies of Licensee for any breach of any obligations of Licensor hereunder or otherwise and in no event shall Licensee be entitled to any monetary damages against Licensor in excess of the license or lease fees paid to Licensor by Licensee hereunder for SYSTEM to which Licensee's claim relates.

 

11. WARRANTY. Licensor warrants that at the time of delivery of a copy of SYSTEM and for a period of one (1) year thereafter, such copy of SYSTEM shall be in substantial accordance with the applicable general description previously supplied to Licensee. The extent of Licensor's liability under this warranty shall be limited to the correction or replacement as soon as practical of any defective item(s) in such copy of SYSTEM (or any subsequent releases of SYSTEM) which Licensor determines to be necessary, at Licensor's own cost and expense, provided written notice of such defective item(s) is given to Licensor during the warranty period. This warranty shall not apply if: (i) an item of SYSTEM is  not be used in accordance with Licensor's instructions; (ii) an item of SYSTEM has been altered, modified or converted by Licensee without the prior written approval of Licensor; (iii) Licensee's operating system shall have been altered, modified or converted without the prior written approval of Licensor; (iv) any of Licensee's equipment shall malfunction; or (v) any other cause within the control of Licensee shall result in any item of SYSTEM becoming inoperative. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR, IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

13. Taxes. Licensee shall pay, or upon receipt of invoice from Licensor, shall reimburse Licensor for all sales, use, property, customs, excise or other taxes (however designated and whether foreign or domestic) imposed on Licensee, or required to be collected by Licensor, or imposed on Licensor or the use thereof, irrespective of whether included in any invoice sent to Licensee at any time by Licensor.

 

14. MAINTENANCE AND ENHANCEMENT PLAN.

 

A. It is understood that Licensor is continually modifying and enhancing SYSTEM which results in new releases of SYSTEM. Under the Maintenance and Enhancement Plan of Licensor (hereinafter referred to as the "Plan"), to the extent Licensor shall produce any such releases, Licensor shall provide to Licensee one (1) copy of every new release of SYSTEM for each one (1) copy of SYSTEM subscribed in the PLAN, including all modifications, enhancements and corresponding technical documentation. In addition, Licensee shall be provided reasonable technical telephone consultation concerning use of SYSTEM.

 

B. If Licensee has a permanent license, Licensee is subscribed in the PLAN at no cost for a period of one (1) year following the delivery date of SYSTEM. ON EACH ANNIVERSARY DATE OF DELIVERY THEREAFTER, licensee shall be invoiced the fee for the PLAN for the following year. If Licensee is under a monthly lease, Licensee is subscribed in the PLAN at no additional cost until the date of conversion to a permanent license or one (1) year following commencement of such monthly lease, which occurs later. Commencing on such later date and continuing annually thereafter, Licensee shall be invoiced the fee for the plan for the following year.

 

C. It is understood and agreed that none of the provisions of this Agreement, including without limitation the provisions of the paragraph fourteen, shall grant to Licensee any rights or interest in any computer software system of Licensor other than the system specifically licensed to Licensee hereunder.

 

D. Licensee may elect to cancel its subscription in the Plan, effective upon any subsequent invoice date, by written notice to Licensor at any time prior to such invoice date. If Licensee cancels its subscription in the Plan, it may at a later time renew its subscription and receive the benefits of the Plan upon payment of the annual fee for the Plan in effect at the time of renewal.

 

15. GENERAL

 

A. This Agreement contains the entire understandings and agreements of Licensor and Licensee and supersedes all prior agreements or understandings, oral or written, relating to the license, lease and/or rental of computer software systems of Licensor by Licensee. Except as specifically set forth herein, this Agreement may be amended or terminated only by a written instrument executed by Licensor and Licensee.

 

B. This Agreement shall be construed and enforced in accordance with the laws of the State of New York.

 

C. The covenants and agreements of Licensee under paragraphs nine and thirteen hereof shall continue in full force and effect irrespective of the expiration of the warranty period or acceptance period specified herein or any termination or expiration of this agreement.

 

D. The remedies of Licensor set forth herein shall be in addition to, and not in limitation of, any other rights or remedies to which Licensor is or may be entitled at law, in equity or under this Agreement.

 

E. All notices, requests and other communications hereunder shall be in writing and shall be deemed to have been duly given if mailed with postage thereon prepaid, addressed to the party for whom it is intended at its respective address set forth below. Such addresses may be changed by written notice pursuant to and in accordance with this subparagraph.

 

F. This Agreement shall not be deemed accepted by or binding upon Licensor until executed by an authorized representative of Licensor at Licensor's principal executive office in New York.

 

G. Licensee has read Licensor's "Suggestions, Ideas submission" policy paper and agrees to the specified terms.

 

 

License text copied here from MKTG: The H2OS License