ORTUS SOLUTIONS CORPORATION
WARRANTY DISCLAIMER AND SOFTWARE PRODUCT LICENSE AGREEMENT
Copyright © Ortus Solutions Corp. All Rights Reserved.
IMPORTANT - READ CAREFULLY: This End User License Agreement ("EULA") is a legal agreement between YOU (The End User) as Licensee and ORTUS SOLUTIONS CORPORATION for the SOFTWARE PRODUCT identified above.
Please read this EULA carefully and make sure you fully understand it. You are ONLY permitted to install or use this Software or any future updates to the Software if you AGREE to ALL TERMS AND CONDITIONS contained in this EULA. If you do not agree to all terms, do not use this software or any updates. By installing or using this Software YOU agree to be bound by ALL the terms and conditions below.
This agreement is enforceable like any written negotiated agreement signed by you. You agree that you are bound by the agreement whether you are acting on your own behalf or on behalf of a third party.
- "EULA" means this End User License Agreement.
- "Licensee" means YOU or the organization (if any) on whose behalf you are taking the EULA.
- "Software Product" or "Software" means Ortus ProfileBox, whose licenses are available for purchase from the website: http://www.ortussolutions.com/products/profilebox. The Terms "Software Product" or "Software" also include any future updates to the Software ("Updates") that are not delivered to YOU under separate terms.
- "Ortus Solutions" means Ortus Solutions Corp, the software developer.
- "Support Services" means support provided by Ortus Solutions, including advice on usage of ProfileBox, investigation of bugs, fixes, and general product support.
- "CFML" means ColdFusion Markup Language.
- "Server" means a physical or virtual server.
- "FusionReactor Server" means the Integral Product which is not associated with Ortus Solutions
- "Application" means a ColdFusion application where ProfileBox will be deployed.
- "Trial Edition" means the edition of the Software Product which is available free of charge for evaluation purposes for a period of thirty (30) days.
- "Standard Subscription License" means the End User License that Ortus Solutions extends which allows the Licensee to deploy the Software to only ONE (1) server (Physical or Virtual) regardless if its production, staging or development for a period of one year from purchase.
2. Software Licenses
7. 2.1 Ortus ProfileBox Standard Subscription License available for purchase from the website http://www.ortussolutions.com/products/profilebox FOR $99.00 per server per year
With this License YOU are granted the following rights:
To install and use one (1) copy of the Software Product on one server, either physical or virtual, for a period of one year. This license includes critical patches, updates, new versions and bug fixes for a period of one year. Please note that in order for ProfileBox to work, it must be used alongside Integral’s FusionReactor server product. Ortus ProfileBox does not license or is distributed with FusionReactor server. It is an add-on that will communicate and work with FusionReactor server.
3. Evaluation License
The Beta/Trial Edition of ProfileBox is not free software. Subject to the terms of this agreement, YOU are hereby licensed to use this software for evaluation purposes without charge for a period of thirty (30) days. Upon expiration of the thirty (30) days, the Software Product must be removed from the computer. Unregistered use of ProfileBox after the 30-day evaluation period is in violation of U.S. and international copyright laws.
Ortus Solutions may extend the evaluation period on request and at their discretion. If YOU choose to use this software after the 30-day evaluation period, a license must be purchased.
YOU hereby undertake not to sell, rent, lease, translate, adapt, vary, modify, decompile, disassemble, reverse engineer, create derivative works of, modify, sub-license, loan or distribute the SOFTWARE PRODUCT other than as expressly authorized by this EULA.
5. Warranty disclaimer
You may be entitled to warranties, conditions and terms that may not be excluded or limited by Ortus Solutions under law. Except for those non-excludable warranties, conditions and terms, the Software, Ortus Solutions ProfileBox is made available "As Is." Except for those non-excludable warranties, conditions and terms, Ortus Solutions makes no warranties, conditions, representations, guarantees or terms (express or implied, whether by statute, common law, custom, usage or otherwise) as to any matter including performance, results, security, no infringement, merchantability, integration, quiet enjoyment, satisfactory quality, and fitness for any particular purpose. This disclaimer of warranty may not be valid in some States. You may have warranty rights under law which may not be waived or disclaimed. Ortus Solutions does not seek to limit your warranty rights to any extent not permitted by law. These exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
You acknowledge and agree that: Ortus Solutions has no express or implied obligation to continue to make the software or any feature thereof available nor introduce any products or services compatible with the software.
The Licensee (YOU) agrees, to the maximum extent permitted by applicable law, to indemnify, defend and hold Ortus Solutions, its members, its successors, officers, principals, directors, agents and employees harmless from any and all actions, causes of action, claims, demands, cost, liabilities, expenses and damages (including attorney’s fees) arising out of, or in connection with any breach of this Agreement by the Licensee and/or the use of the Software Product by the Licensee.
7. Limitation of Liability
Except for any remedies that cannot be excluded or limited under law, Ortus Solutions, will not be liable to YOU for any loss, damages, claims or costs including any indirect, consequential, or incidental damages, any lost profits or lost savings, any damages resulting from business interruption, personal injury or failure to meet any duty of care, or claims by a third party, even if an Ortus Solutions representative has been advised of the possibility of such loss, damages, claims or costs. In any event, Ortus Solutions’ aggregate liability in connection with this agreement will be limited to the amount paid for the Software. This limitation will apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this agreement. Nothing contained in this agreement limits Ortus Solutions liability to YOU in the event of death or personal injury resulting from Ortus Solutions’ negligence or for the tort of deceit (fraud). Ortus Solutions is acting on its behalf for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose.
The foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. This limitation of liability may not be valid in some States. You may have rights that cannot be waived under consumer protection and other laws. Ortus Solutions does not seek to limit your warranty or remedies to any extent not permitted by law.
8. Governing Law
This agreement will be governed by and construed in accordance with the substantive law of: the State of California.
Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned, in whole or in part, by operation of law or otherwise by the Licensee without the prior written consent of Ortus Solutions.
10. Non Waiver
Ortus Solutions’ failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
No breach of any provision of this Agreement will be waived except with the express written consent of Ortus Solutions.
11. Attorney and litigation
In the event of litigation between Ortus Solutions and the Licensee relating to the subject matter of this Agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting from the litigation process.
12. General Provisions
Your rights to use the Software terminate immediately if you do not comply with any term of this agreement. If any provision of this agreement is found unenforceable, only that provision, interpreted as narrowly as possible, will be held unenforceable and the rest of this agreement will remain valid and enforceable according to its terms. Section 4 shall survive the termination of this agreement. This agreement shall not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be modified by a writing signed by an authorized officer of Ortus Solutions. This agreement is the entire agreement between Ortus Solutions and you relating to the Software Product, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software Product.
If you have any questions regarding this document or if you wish to request any information from Ortus Solutions please contact us via web at http://www.ortussolutions.com/contact
Ortus Solutions and ProfileBox are either a registered trademark or a trademark of Ortus Solutions Corporation in the United States and/or other countries.