
Hub Tools END USER LICENCE AGREEMENT (EULA)
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal
agreement between you (either an individual or a single entity) and eBillingHub for the eBillingHub software that accompanies this EULA, which includes computer software
and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT
AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR
PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.
1. GRANT OF LICENSE. eBillingHub grants you the following rights provided that
you comply with all terms and conditions of this EULA:
1.1 Installation and use. You may install, use, access, display and run one
copy of the Software on a single computer, such as a workstation, terminal or
other device ("Workstation Computer").
1.2 Mandatory Activation. The license rights granted under this EULA are
conditional upon you supplying information required to activate your licensed copy in the
manner described during the setup sequence of the Software. You can activate the
Software through the use of the Internet. You may also need to reactivate the
Software if you modify your computer hardware or alter the Software. There are
technological measures in this Software that are designed to prevent unlicensed
use of the Software. eBillingHub will use those measures to confirm you have a
legally licensed copy of the Software. If you are not using a licensed copy of the
Software, you are not allowed to install the Software or future Software updates.
1.3 Internet-Based Services Components. The Software contains components that
enable and facilitate the use of certain Internet-based services. You
acknowledge and agree that eBillingHub may automatically check the version of the
Software and/or its components that you are utilizing and may provide upgrades
or fixes to the Software that will be automatically downloaded to your
Workstation Computer.
2. RESERVATION OF RIGHTS AND OWNERSHIP. eBillingHub reserves all rights not
expressly granted to you in this EULA. The Software is protected by copyright
and other intellectual property laws and treaties. eBillingHub own the title, copyright,
and other intellectual property rights in the Software. The Software is licensed, not sold.
3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You
may not reverse engineer, decompile, disassemble, print, reproduce, translate, adapt, vary, alter, change or modify the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
4. OTHER LIMITATIONS. You agree to supervise and control the use of the Software
in accordance with the terms of this license; you agree to ensure your employees,
sub-contractors and other agents who have authorized access to the Software are made
aware of the terms of this license; you agree to not provide or otherwise make available the Software in any form to any person or entity who is not authorized to use the Software; you agree to not give, lease, assign, license, sub-license, transfer, distribute, disclose, disseminate or publish the software in any form to any other person or entity attempt to do any of these acts; you agree to not alter, change, remove or obscure any notices or other indications (including copyright notices) as to ownership of the Software; you agree to not access or use the Software on more that one personal stand-alone computer, or otherwise allow the Software to be accessed or used by more than one user at any one time; you agree to not engage in any acts which infringe eBillingHub rights in the intellectual property rights in the Software;
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide
commercial hosting services with the Software.
6. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements,
add-on components, or Internet-based services components, of the Software that
eBillingHub may provide to you or make available to you after the date you obtain
your initial copy of the Software, unless we provide other terms along with the
update, supplement, add-on component, or Internet-based services component.
eBillingHub reserves the right to discontinue any Internet-based services provided
to you or made available to you through the use of the Software.
7. SOFTWARE TRANSFER. You may move the Software to a different
Workstation Computer. After the transfer, you must completely remove the
Software from the former Workstation Computer.
8. TERMINATION. Without prejudice to any other rights, eBillingHub may
terminate this EULA if you fail to comply with the terms and conditions of this
EULA. In such event, you must destroy all copies of the Software and all of its
component parts.
9. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable
law, eBillingHub provide the Software and support services (if any) AS IS AND WITH
ALL FAULTS, and hereby disclaim all other warranties and conditions, whether
express, implied or statutory, including, but not limited to, any (if any)
implied warranties, duties or conditions of merchantability, of fitness for a
particular purpose, of reliability or availability, of accuracy or completeness
of responses, of results, of workmanlike effort, of lack of viruses, and of lack
of negligence, all with regard to the Software, and the provision of or failure
to provide support or other services, information, software, and related content
through the Software or otherwise arising out of the use of the Software. ALSO,
THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE
SOFTWARE.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EBILLINGHUB OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION,
FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING
OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY
OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR
OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE
OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT
(INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT
OR BREACH OF WARRANTY OF EBILLINGHUB OR ANY SUPPLIER, AND EVEN IF EBILLINGHUB OR
ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that
you might incur for any reason whatsoever (including, without limitation, all
damages referenced herein and all direct or general damages in contract or
anything else), the entire liability of eBillingHub and any of its suppliers under
any provision of this EULA and your exclusive remedy hereunder shall be limited to
the greater of the actual damages you incur in reasonable reliance on the Software
up to the amount actually paid by you for the Software or US$5.00. The foregoing
limitations, exclusions and disclaimers (including Sections 9 and 10) shall apply to the
maximum extent permitted by applicable law, even if any remedy fails its essential
purpose.
12. APPLICABLE LAW. This EULA is governed by the laws of the State of Pennsylvania. Any dispute arising under the terms hereof will be heard only before courts of competent jurisdiction in Pittsburgh, Pennsylvania.
13. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or
amendment to this EULA which is included with the Software) is the entire
agreement between you and eBillingHub relating to the Software and the support
services (if any) and they supersede all prior or contemporaneous oral or
written communications, proposals and representations with respect to the
Software or any other subject matter covered by this EULA. To the extent the
terms of any eBillingHub policies or programs for support services conflict with
the terms of this EULA, the terms of this EULA shall control. If any provision
of this EULA is held to be void, invalid, unenforceable or illegal, the other
provisions shall continue in full force and effect.
Should you have any questions concerning this EULA please write us at
eBillingHub, 1000 McKnight Park Drive, Ste 1006, Pittsburgh, PA 15237,
USA, or visit us online at http://www.ebillinghub.com.
|