Terms of Use
By accepting receipt, or by otherwise using products provided by Enterity Inc. or an authorized Enterity Inc. Channel Partner (hereby referred to as "Licensor" or "Licensor(s)"), you (hereby referred to as "Licensee" or "You") agree to be legally bound by the terms of this agreement (hereby referred to as "Licensing Agreement").
PRODUCT DEFINITION:
"Product" or "Products" are defined as a single copy of the Osiris Web Content Management Suite, Information Management Platform and / or any additional product add-on or customized application developed or sold by an authorized Enterity Inc. Channel Partner (hereby referred to as "Product" or "Products"), and are provided to the Licensee for use on a single web server, for use with a single web property run under one (1) unique root domain (redirected or "spoof" domains, including sub-domains, are also permitted). The Licensing Agreement does not permit the use of any product(s) to be used on or accessed by multiple web servers or shared by multiple web properties running under multiple unique domains.
LICENSE AND OWNERSHIP:
The Products provided are licensed, and not sold, and this Licensing Agreement confers no title or ownership to the Products or any copy thereof.
Limited Use License: The Licensor(s) grants the Licensee the non-exclusive, non-transferable, limited right and license to use a single server copy of the Products for use within a single web solution application.
Ownership: The Licensee acknowledges and agree that the Products embody substantial creative rights, confidential and proprietary information, copyrights and trade secrets, and the Licensee receives no right or interest therein other than the Limited Use License as specified within this Licensing Agreement.
PRODUCT USE:
The Licensee shall not copy, sell, rent, lease, license, distribute or otherwise transfer or make available to any other person the Products, in whole or in part. The Licensee may also not reverse engineer, derive source code, modify, disassemble, or create derivative works of the Products, in whole or in part, nor remove, disable or circumvent any proprietary notices or labels contained on or within the Products.
STANDARD OF CARE:
The Licensor(s) shall exercise a degree of care and skill ordinarily exercised under similar circumstances by members of its profession, while complying with all applicable federal, state and local laws, rules and regulations.
The Licensee acknowledges that he Licensor(s)'s Products are provided on an "as is" basis. To the extent allowed by applicable law, the Licensor(s) expressly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, satisfactory quality and fitness for a particular purpose.
The Licensor(s) assumes no liability for any special, incidental or consequential loss, injury, claim, liability or damage of any kind resulting from the possession, use or malfunction of the Products, including loss of business, lost profits, lost data, or failure of security resulting in any way from the use of Products and services including without limitation any errors or omissions, any content, any delay or failure of performance, or the unavailability or interruption of service.
The Licensee agrees to indemnify, defend and hold the Licensor(s), partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from the Licensee's acts and omissions to act in using the Product pursuant to the terms of this Licensing Agreement.
Because the Licensor(s) would be irreparably damaged if the terms of this Licensing Agreement were not specifically enforced, the Licensee agrees that the Licensor(s) shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Licensing Agreement, in addition to such other remedies as the Licensor(s) may otherwise have under applicable laws.
TERM:
The Licensee may terminate this License Agreement by returning the licensed Product or Products to the Licensor(s). The Licensor(s) may terminate this License Agreement if the Licensee fails to comply with its terms and conditions. In such event, the Licensee must return or destroy all copies of the Products and all of its component parts.
ENTIRE AGREEMENT:
This Licensing Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Only a writing executed by both parties may amend it. If any provision of this Licensing Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Licensing Agreement shall not be affected. This Licensing Agreement shall be governed by and construed in accordance with the laws of the United States and the Licensee consent to the exclusive jurisdiction of the courts of the United States.
If you do not agree to this Licensing Agreement, or you have any questions concerning this Licensing Agreement, you may contact the Licensor(s) (including Enterity Inc. and / or any authorized Enterity Inc. Channel Partner):
Enterity, Inc.
2054 Kildaire Farm Road
PMB 187
Cary, NC 27511
Phone: (888) 303-8549
Fax: (203) 702-5071
E-Mail: info@enterity.com
Updated July 19, 2004