Licensing info
Teamstudio Server License Agreement
The following paragraphs represent Teamstudio's client license agreement for the Teamstudio for Developers tools. We reserve the right to modify our agreement at any time.
This is a legal agreement between you, the end-user ("Customer"), and Teamstudio, Inc., a Massachusetts, U.S.A. corporation ("Teamstudio"). By opening the sealed disk package or by using any element of the software programs contained therein, Customer is agreeing to be bound by the terms of this agreement.
Software License
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Grant Of License, Upon Purchase Of The Applicable Product:
Teamstudio CIAO! Server
Teamstudio grants to Customer the right to use one copy of the enclosed software on a single Domino server. One software license must be purchased for each server on which the software is installed.Teamstudio Snapper Server and Teamstudio Profiler Server
Teamstudio grants to Customer the right to install and use the enclosed software on one or more Domino servers provided that all installed copies are for use only with a properly licensed copy of the corresponding client product. -
Copyright
The Software is owned by Teamstudio or its suppliers and is protected by United States copyright laws, international treaty provisions, and all other applicable laws. Customer must treat the Software like any other copyrighted material, except that Customer may either (a) make one copy of the Software solely for back-up or archival purposes, or (b) transfer the Software to a single hard disk provided Customer keeps the original solely for back-up or archival purposes. Customer may not copy the product manuals or written materials accompanying the Software. Provided that Customer promptly notifies Teamstudio of all claims, Teamstudio agrees to hold harmless and indemnify Customer from any suit or proceeding against Customer based upon a claim that the ownership or use of Teamstudio software constitutes an infringement of any copyright.
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Other Restrictions
Customer may not hire out or lease out the Software. Customer may transfer the Software to a third party on a permanent basis provided that Customer does not retain any copies, the third party agrees to these conditions and notifies Teamstudio of the transfer within thirty (30) days. Customer may not decompile, disassemble or reverse engineer the Software. Customer may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.
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Limited Warranty
Teamstudio warrants that the Software will conform substantially to the applicable user documentation for a period of ninety (90) days from receipt. Teamstudio also warrants that any media supplied by Teamstudio on which the Software is distributed will be free from defects in material and workmanship under normal use for a period of ninety (90) days from the date of receipt. Teamstudio will replace defective media at no charge provided that Customer notifies Teamstudio in writing within ninety (90) days of the date of receipt and subsequently returns the media to Teamstudio. These are Customer's sole remedies, and Teamstudio's sole obligations for any breach of warranty either express or implied with respect to the Software, the media or the accompanying written materials, including its quality, performance, merchantability or fitness for a particular purpose.
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Limitation Of Liability
The limited warranty is void if any failure or defect of the Software has resulted from accident, improper use or modification of any kind. In no circumstances will Teamstudio be liable for any incidental, special, exemplary or consequential damages or any damages for loss of business profits, business interruption, loss of business information or other pecuniary loss arising out of the use of or inability to use the Software even if so advised of the possibility of such a claim. The maximum liability of Teamstudio in any circumstances shall not exceed the amount paid by Customer for the Software.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to Customer.
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U.S. Government Licenses
The Software is a "commercial item," as that term is defined in 48 C.F.R.12.101 (Oct.1995), consisting of "commercial computer software "and" commercial computer software documentation," as such terms are used in 48 C.F.R.12.212 (Sept.1995). Consistent with 48 C.F.R.12.212 and 48 C.F.R.227.7202-1 through 227.7202-4 (June 1995), all U.S. Government end users acquire the Software with only those rights set forth herein.
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Price And Payment
Prices are subject to increase by Teamstudio based on Teamstudio's prices in effect at the time of shipment. Unless otherwise expressly agreed to by Teamstudio in writing, the terms of payment are NET 14 days from the date of invoice. Should Customer refuse to pay for the Software and Teamstudio is forced to take action to collect payment, Customer is liable to Teamstudio for its costs in collection, including reasonable attorneys' fees and costs.
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Returns
Teamstudio provides a "thirty-day, no-questions-asked, money-back" guarantee. Customer must, at its own expense, return the Software in its original packaging and in an undamaged and/or unmodified form within thirty (30) days of the date of invoice in order to receive a full refund. If Customer wishes to return the Software after thirty (30) days of the date of invoice, Teamstudio may, in its own discretion, issue Customer a partial or full refund, subject to an administrative fee.
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General
The formation and performance of this agreement shall be governed by the laws of the Commonwealth of Massachusetts, U.S.A., and Customer agrees to submit to arbitration in a forum selected by Teamstudio within the Commonwealth of Massachusetts for the resolution of any disputes, hereunder.
