Redistributor Terms and Conditions - Commercial License i-net JOrtho

License Information

This license is intended for customers who require to use the Program Materials to develop their own applications and need to distribute products containing or embodying the Program Materials either indirectly (via their own distribution network) or directly to end users.

Use, Duplication, or disclosure is restricted by the Contract with the I-NET SOFTWARE Corporation. Any other documentation with respect to this licensed program, including any such documentation referenced herein, is provided for information purposes only and does not extend or modify the material contained in the License Information.

License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWN-LOADING ANY PART OF I-NET JORTHO. I-NET SOFTWARE WILL ONLY LICENSE THE PROGRAM MATERIALS TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT PROCEED WITH YOUR REQUEST FOR THE PROGRAM MATERIALS. ( a ) The Program Materials are OWNED by I-NET SOFTWARE and is copyrighted and licensed not sold. ( b ) The term “Program Materials” means the original program and whole or partial copies of it, including portions merged into other programs. The Program Materials consist of machine-readable instructions, audio/visual content (such as images, text, recordings, or pictures), and related licensed materials. ( c ) The term “Product Offering” means the software products or applications that you produce that contain or are based upon the Program Materials and distributed directly or indirectly (via distributors) to end user customers. The end user customer itself is NOT ALLOWED to REDISTRIBUTE the Program Material. ( d ) You shall include the Program Materials (or a derivative work thereof), only in your Product Offerings that add substantial value to the Program Materials, and are intended for use with I-NET JORTHO, by integrating, embedding, merging or bundling the Program Materials (or a derivative work thereof) with your own product, so that the primary advertised or documented purpose of your Product Offering is other than to specifically use, license or market the Program Materials per se.

1) License

You agree to ensure that anyone who uses the Program Materials (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement. I-NET SOFTWARE hereby grants you a non-exclusive, world-wide license to: ( a ) use and copy the Program Materials to redistribute your Program Offerings; ( b ) use, copy and distribute, internally and externally, directly or indirectly through your distribution channels copies of the Program Materials in object code form only when incorporated in your Product Offering as defined in item ( d ) above; ( c ) license end user customers to use the Product Offering. You must reproduce the copyright notice and any other legend of ownership on each copy, or partial copy, of the Program Materials. You may not: ( a ) use, copy, display, perform or distribute the Program Materials except as provided in this Agreement; ( b ) otherwise translate the Program Materials except as specifically permitted by law without the possibility of contractual waiver; ( c ) sublicense, rent or lease the Program Materials. I-NET SOFTWARE retains title to its copyrights, patents and any other intellectual property rights in the Program Materials. Unless expressly provided in this Agreement, I-NET SOFTWARE does not grant you, your distributors or customers any license under I-NET SOFTWARE's copyrights, patents or other intellectual property. Your license agreement with your distributors and/or customers will: ( a ) allow a customer to make one copy of your Product Offering for backup or archival purposes only; ( b ) prohibit any other copying or transfer of your Product Offering without the prior written approval of I-NET SOFTWARE; ( c ) translation of the Program Materials except as expressly permitted by law; ( d ) include statements that your Product Offering: ( i ) is licensed not sold, and that title to such offering is not passed to the customer, ( ii ) may include material licensed by a third party, and that you have assumed responsibility for the presence and use of this material; and ( iii ) comply with the requirements of section 4 (Warranty) as appropriate. You will make your license agreement available to I-NET SOFTWARE upon request. You shall ensure that your distributors agree to act in a manner consistent with your obligations under this Agreement, and you shall make reasonable commercial efforts to enforce such agreements.

2) Service

Standard support is free of charge after purchase. Premium Support is available at an annual fee. For further information please contact i-net software.

3) Trademarks

You recognize I-NET SOFTWARE's ownership and title to its respective trademarks and of any goodwill attaching thereto, including goodwill resulting from use. You will not use, employ or attempt to register any trademark which is confusingly similar to such I-NET SOFTWARE trademarks. Except where expressly permitted by this Agreement, you will not make any statements in publications, press releases, and such like about the Program Materials (including statements relating to performance, compatibility, or this Agreement), without prior written approval from I-NET SOFTWARE.

4) Warranty

THESE PROGRAM MATERIALS ARE SUPPLIED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusion or limitation may not apply to you. Your written agreements with your distributors and customers will disclaim all implied warranties, including the implied warranties of merchantability, and fitness for a particular purpose. These agreements will also limit liabilities to a reasonable amount, and inform your distributors and customers that your third party suppliers are intended beneficiaries of these limitations and disclaimers.

5) Liability

I-NET SOFTWARE WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF I-NET SOFTWARE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. I-NET SOFTWARE will not be liable for 1) loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. This limitation of liability also applies to any developer of a Program supplied to I-NET SOFTWARE.

6) General

You may terminate your license at any time. If you do so, all your license rights to the Program Materials are terminated. I-NET SOFTWARE may terminate your license if you fail to comply with the terms of this Agreement. If I-NET SOFTWARE does so, you may not further distribute the Product Offering unless you remove the Program Materials from it, and certify in writing to I-NET SOFTWARE that you have done so. All rights obligations and duties which, by their nature, survive the expiration or termination of this Agreement shall remain in effect beyond any such expiration or termination. You agree to comply with all applicable laws and regulations. Neither party may bring a legal action under this Agreement more than two years after the cause of action arose.

 

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