ISCOPECLOUD SOFTWARE SINGLE USE LICENSE AGREEMENT.
The following Software License Agreement is between Stephen Hadhazi (hereinafter known as "Licensor") and you, the User (hereinafter known as "Licensee") for the use of Licensor's program "iScopeCloud". By registering the with iScopeCloud, you indicate that you accept all of the terms and conditions of this agreement as written without modification. If you do NOT so agree, DO NOT REGISTER with iScopeCloud but, instead, immediately leave the website. BY REGISTERING WITH ISCOPECLOUD, LICENSEE AGREES THAT THIS LICENSE IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSOR AND LICENSEE.
GRANT OF SINGLE USER LICENSE:
Licensor grants to Licensee the right to use "iScopeCloud" by one specific person.
RESTRICTIONS ON USE, TRANSFER, AND COPYING:
The “iScopeCloud” software is copyrighted by Licensor and is protected under the Copyright Act of the United States. Under this Act, LICENSEE MAY NOT, OR ALLOW ANOTHER TO: USE, COPY, MODIFY, SUBLICENSE, RENT, LEASE, CONVEY, TRANSLATE, OR TRANSFER THE PROGRAMS OR DOCUMENTATION, OR ANY COPY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. LICENSEE MAY NOT OR ALLOW ANOTHER TO: CONVERT THE SOFTWARE TO ANY PROGRAMMING LANGUAGE OR FORMAT, DECOMPILE OR DISASSEMBLE THE SOFTWARE, OR ANY COPY, MODIFICATION, OR MERGED PORTION, IN WHOLE OR IN PART. The above shall prevail in whole except as permitted by Title 17, United States Code and subparagraph (c)(I)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CRF 55.227-19, as applicable. If this program was utilized in the United States, this Agreement is governed by the laws of the State of Hawaii.
If this program was utilized outside the United States, then local law may apply. The Licensee agrees not to ever take any action or file any lawsuit of any nature against Stephen Hadhazi whether that lawsuit or action is connected with the use of this software or for any other reason of any kind whatsoever. Licensee agrees to receive email, advertisements or other correspondence from Stephen Hadhazi or his partners or affiliates. If any email sent to the Licensee by Stephen Hadhazi or one of his affiliates is marked as SPAM or otherwise rejected by the Licensee, then the Licensee is in breach of this agreement and must cease the use of iScope. If the Licensee of this software is the author of a similar or competing software product, the Licensee agrees that this product in no way, shape or form infringes on any copyright that the Licensee believes that they hold on their product. The
Licensee also agrees to take no action towards Stephen Hadhazi for any infringements or copyrights of any kind that the Licensee feels that Stephen Hadhazi has so violated.
LIMITED WARRANTY AND DISCLAIMER
THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS SOFTWARE IS ASSUMED BY LICENSEE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. LICENSEE AGREES THAT IF THIS SOFTWARE HARMS THE COMPUTER OR FILES IT IS UTILIZED ON IN ANY WAY THAT STEPHEN HADHAZI, HIS AFFILIATES, PARTNERS, ADVERTISERS AND SPONSORS SHALL BE HELD HARMLESS OF ANY DAMAGES NO MATTER WHAT THE NATURE OF THOSE DAMAGES MAY BE.
Official Technical Support is provided to Licensee via e-mail at the sole discretion of the Licensor. Licensor shall bear no responsibility for telephone or other charges incurred by Licensee in obtaining Technical Support. Licensor shall bear no responsibility to provide Technical Support or any product support of any kind.
Therefore, in consideration of the promises and the obligations herein made and underwritten, the parties hereto do hereby agree as follows:
Any pricing databases provided for the Licensee by Stephen Hadhazi or his partners or affiliates are as they exist for the Licensee’s evaluation. The Licensee assumes responsibility for determining the suitability of iScopeCloud or any pricing database used therein. Stephen Hadhazi makes no warranty that errors have been or can be eliminated from any pricing database. Stephen Hadhazi shall in no event be responsible for losses of any kind resulting from the use of any pricing database or the iScopeCloud© software, including any liability for erroneous estimates, lost bids, or other damages caused to the Licensee’s customers by any deficiency, defect, or error in the iScopeCloud software application or any pricing database used in conjunction with the iScope software.
Stephen Hadhazi and his Partners & Affiliates disclaim all warranties, express or implied, arising out of or relating to any pricing database or any use thereof, including (without limitation) any warranty whatsoever as to the fitness for a particular use or the merchantability of the pricing database or the iScopeCloud© software application.
In no event shall Stephen Hadhazi or his Partners, Advertisers, Affiliates or Supporters be liable to the Licensee or the Licensee’s customers for any indirect, special, incidental, or consequential damages (including lost profits).
Licensor shall have no obligation or requirement whatsoever to reimburse the Licensee for any expenses or costs incurred by Licensee in the performance of, or otherwise by reason of this agreement. The Licensee incurred costs or expenses under this agreement are made at its sole risk and upon its independent business judgment that such costs and expenses are appropriate.
Licensee agrees to indemnify and does hereby hold harmless Licensor from any and all claims, demands or actions from or relating to the iScopeCloud application, any additions to the iScopeCloud application, any price lists used in conjunction with the iScopeCloud application, or use by Licensees or the customers of the licensees of iScopeCloud based on or related to product performance or non-performance.
It is understood that Stephen Hadhazi reserves the right to cease doing business with the licensee for any reason. This includes cancelation of the licensee’s license and the restriction of the Licensee for applying for a new license. Stephen Hadhazi reserves the right to permanently delete any and all data associated with the Licensees license and work. Stephen Hadhazi also reserves the right to refuse to do business with or allow access to iScopeCloud to anyone for any reason.
The parties hereto affirm that this agreement is the complete and exclusive statement of agreement between them and supersedes all proposals, understandings and communications between the parties relating to the licensing of iScopeCloud© or any pricing databases. This agreement may be amended only by a subsequent writing that specifically refers to this agreement and is signed by representatives of both parties and no other act, document, usage or custom shall be deemed to amend this agreement.
All questions concerning the validity, operation, interpretation and construction of this agreement will be governed by and determined in accordance with the laws of the State of Hawaii.
In case any provision in this agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.