Terms of Service and License Agreement
By using this website, purchasing or installing all or part of our software,
you indicate your acceptance of the following License Agreement.
Ownership of Software
You acknowledge and agree that the computer
program(s) and associated documentation contained within our website and software
(collectively, the "Software") are owned exclusively by
IEA Software, Inc. and/or its licensors. The Software contained in the
package is protected under copyright laws and all copyright and other
intellectual property rights relating to the Software are and remain the
exclusive property of IEA Software, Inc. and/or its licensors. You may
not rent or lease the Software, but you may transfer the Software and
accompanying materials on a permanent basis provided you retain no
copies and the recipient agrees to the terms of this Agreement.
License
IEA Software, Inc. grants to you, and you accept, a limited,
non-exclusive and revocable license to use the Software. You agree to
use the Software in machine-readable object code form only as authorized
in this License Agreement. This License Agreement does not convey any
title or interest in the Software to you. You may only use the licensed
number of Master Billing Records (MBRs) with the Software as stated in
your purchase agreement.
Scope of License
You may not make any changes or modifications to machine-readable object code and you
may not decompile, disassemble, or otherwise reverse engineer the
Software. You may not load, rent, lease or sublicense the Software or
any copy to others for any purpose. You agree to use reasonable efforts
to protect the Software from unauthorized use, modifications,
reproduction, distribution and publication. You are not permitted to
make any uses or copies of the Software that are not specifically
authorized by the terms of this License Agreement. Your adherence to
this License Agreement will allow IEA Software, Inc. to continue
developing innovative and useful products and providing a high level of
customer service and support. If you do not comply with the terms of
this License Agreement, your license will be revoked.
Updates and Support
All
software updates are available via the IEA Software, Inc. web site.
A maintenance contract is available for major version upgrades which is
not included or covered as part of the basic purchase agreement.
Technical support is included within 60 days of purchase date. Ongoing
yearly support is available with purchase of
support contract.
Trademarks
IEA Software, Inc.,
Emerald,
RadiusNT,
Air Marshal and the associated logo(s) are registered trademarks.
Restricted Rights
The Software is provided with U.S. Governmental Restricted Rights. Use,
duplication, or disclosure by the Government is subject to restrictions
set forth in subparagraph ©(1)(ii) of The Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs ©(1) and
(2) of the Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19 as applicable. The Software is also protected by International
Treaty Provisions. Manufacturer is IEA Software, Inc. PO BOX 1170
Veradale WA, 99037
Miscellaneous
This License Agreement shall be construed, interpreted and governed by
the laws of the State of Washington. Should any term of this License
Agreement be declared void or unenforceable by any court of competent
jurisdiction, enforcement of the remaining terms shall not be affected.
Failure of either party to enforce any rights or to take action against
the other party in the event of any breach of this Licensing Agreement
shall not be deemed a waiver of any subsequent enforcement of rights.
Refund Policy
All sales are final. No refunds may be given once a permanent license
key has been issued. We recommend taking advantage of our complimentary
fully supported extendable 45-day product evaluation period. Our team
looks forward to assisting you to evaluate our solutions in your environment
confirming requirements are fully met prior to purchase at no risk
or cost.
Limitations of Liability and Remedies
In no event shall IEA Software, Inc. or its licensors be liable for any
loss of profit or any other commercial damage, including but not limited
to special, incidental, consequential or other damage, even if IEA
Software, Inc. or its licensors are advised, in advance, or the
possibility of such damages. IEA Software, Inc. and its licenser's
entire liability and your exclusive remedy shall be, at IEA Software's
option, either (a) return of price paid, or (b) repair or replacement of
the Software. To the maximum extent permitted by applicable law, IEA
Software, Inc. and its licensors disclaim all other warranties, either
express or implied, including but not limited to, implied warranties
with regard to the Software, the accompanying material. This Limited
Warranty is void if failure of the Software has resulted from accident,
abuse or misapplication. You may have other specific legal rights, which
vary from state/jurisdiction to state/jurisdiction.
Should you have any questions concerning this license agreement, please
contact us.
Information in this document is subject to change without notice. No
part of this document may be reproduced or transmitted in any form or by
any means, electronic or mechanical, without the express written consent
of IEA Software, Inc.