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| License Agreement |
| NOTE : PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION THAT YOU SHOULD KNOW BEFORE CONTINUING TO USE OUR SOFTWARE. IF YOU REJECT THIS PRIVACY POLICY AND END USER LICENSE AGREEMENT YOU SHOULD REMOVE ALL ADVANCED CRM SOFTWARE FROM YOUR COMPUTER. FAILURE TO REMOVE ALL OF THE SOFTWARE FROM YOUR COMPUTER WILL INDICATE ACCEPTANCE OF THIS PRIVACY POLICY AND END-USER LICENSE AGREEMENT (EULA). |
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INTRODUCTION |
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This is an Agreement between, Advanced Communications DBA Advanced-CRM.com, and you ("Licensee"), for the purpose of specifying the conditions under which Licensee will use the Advanced CRM. |
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| II |
DEFINITIONS |
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"Advanced CRM Documentation" shall mean a guide in electronic format describing the operation and of the functions of Advanced CRM.
Licensee shall mean and include Licensee's divisions and departments within Licensee's organization at the licensed locations, but shall not include wholly or partially owned subsidiaries, affiliates, or independent third parties. |
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| III |
LICENSE GRANT |
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Advanced CRM hereby grants to Licensee, and Licensee hereby accepts, subject to the terms and conditions set forth in this End User License Agreement, a non-exclusive and nontransferable license to use the Advanced CRM as set forth in this Agreement. The term "license" as used in this Agreement shall mean and include:
| A |
Transfer or allow the transfer of copies of Advanced CRM or its serial number. |
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Use the templates on more than a single server computer. |
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Install or use copies of Advanced CRM on more server computers than the number of licensed copies of Advanced CRM delivered to Licensee. |
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Make copies or make use of the Advanced CRM or Advanced CRM Documentation except as expressly set forth in this Agreement. |
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Attempt to disassemble or reverse engineer Advanced CRM. |
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Rent, lease or lend the software without the express permission of the copyright holder as prohibited under the United States Software Rental Amendments Act of 1990 (Public Law 101-650). |
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This software comes with 30 days trial version and user is expected to evaluate the software before placing the order. Once license is purchased no refund will be granted. |
| H |
Licensee acknowledges that if Licensee claims charge back through its financial institution against any of Advanced Communications product then Advanced-CRM.com has the right to terminate his/her free technical support for all products he/she has purchased.
Any rights not expressly granted to Licensee are retained by Advanced-CRM.com. |
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ENHANCEMENTS AND SUPPORT |
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Advanced-CRM.com shall make available to Licensee all updates and enhancements to
Advanced CRM. Licensee may accept any update or enhancement at the time it is offered to Licensee by paying the applicable update charges or fee.
Advanced-CRM.com shall have the sole discretion to determine the update fee or charge. Use of all such updates and enhancements by Licensee shall be subject to the terms and conditions of this Agreement. This EULA applies to single licensed copy of Advanced CRM. For further purchase of licenses for more than one copy, Licensee is required to observe applicable terms and agreement mentioned herein explicitly. |
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CONSENT TO USE OF DATA |
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Advanced CRM is programmed to contact its website from time to time to report its existence through a HTTP request or Email to HostingController.net Advanced-CRM.com website and to find out new updates which might have become available and will prompt the administrator of such upgrades if one is available. The licensee agrees that he has no objection on such a transfer of information which includes product's serial number, the currently installed version, the Email address of the Host Administrator, Network Card Address,Processer ID and the base IP address on which Advanced CRM is running. |
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PRODUCT ACTIVATION |
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The license rights granted under this EULA are temporary, limited to a finite number of Advanced CRM launch days.
Use of the Advanced CRM after such finite launch days will require input of the license key and its subsequent activation on http://advanced-crm.com server. |
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TERM OF LICENSE |
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The term of this Agreement shall remain in force unless Licensee breaches any material term of this Agreement, in which case Advanced-CRM.com shall have the right to terminate the license. Regardless of whether this license expires or is terminated by either party, all other articles of this Agreement shall survive perpetually. |
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TERMINATION OF AGREEMENT |
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In the event of a default by the Licensee or the Licensee's agent or representative, of any provision of this Agreement, Advanced-CRM.com may terminate this Agreement upon thirty (30) days written notice. Upon termination of the Agreement, the Licensee shall either destroy all licensed copies of Advanced CRM, and all backups, or return them to Advanced-CRM.com This obligation shall survive the termination of this Agreement. |
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COPYRIGHT AND PROPRIETARY INFORMATION |
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Licensee acknowledges that Advanced CRM and supporting documentation constitute valuable property of Advanced-CRM.com and that all title and ownership rights in the templates and related materials remain exclusively with Advanced-CRM.com.
Advanced-CRM.com reserves all rights with respect to the templates and user's guide under all applicable laws for the protection of proprietary information, including, but not limited to, trade secrets, copyrights, trademarks and patents.
Except as otherwise provided in this Agreement, Licensee shall not cause or permit unauthorized copying, reproduction or disclosure of any portion of the templates, or any instructions, manuals, or other documentation, or the delivery or distribution of any part thereof to any third person or entity, for any purpose whatsoever, without the prior written permission of Advanced-CRM.com. This restriction shall continue to bind Licensee and its agents and representatives beyond the termination of this Agreement. |
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| X |
LIMITATION OF WARRANTIES |
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LICENSEE ACCEPTS Advanced CRM "AS IS" "WITH ALL FAULTS", AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Advanced-CRM.com accepts no responsibility for the operation or performance of the templates. The entire risk of use and consequences of use of Advanced CRM falls completely on the Licensee and Advanced-CRM.com shall not be liable in any respect for any claims loss or injury alleged to have resulted from use of or in reliance on Advanced CRM. In this respect, Licensee shall completely indemnify and defend for any such claim, loss or injury as provided below.
Licensee acknowledges that it has read the foregoing disclaimers of warranty and limitation of liability and understands that Licensee assumes the entire risk of use of Advanced CRM. Licensee also agrees that Advanced CRM purchase is final and no refund is issue afterward. |
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| XI |
INDEMNIFICATION |
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Licensee shall indemnify and defend against any and all claims, including claims by third parties or employees of Licensee, which arise directly or indirectly out of Licensee's use or operation of Advanced CRM.
Advanced-CRM.com shall not be liable for any incidental or consequential damages suffered by Licensee through the use of Advanced CRM, whether or not such damages were disclosed to, or reasonably foreseen. |
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| XII |
COPYRIGHT NOTICE |
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Copyright © 1998-2006 Advanced CRM. All rights reserved.
This software and documentation constitute an unpublished work and contain valuable trade secrets and proprietary information belonging to
Advanced-CRM.com None of the foregoing material may be copied, duplicated or disclosed without the express written permission of Advanced-CRM.com
Advanced CRM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THIS SOFTWARE AND DOCUMENTATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR ANY ARTICULAR PURPOSE, AND WARRANTIES OF PERFORMANCE, AND ANY WARRANTY THAT MIGHT OTHERWISE ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. NO WARRANTY IS EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE USE OF THE SOFTWARE OR DOCUMENTATION.
Under no circumstances shall Advanced-CRM.com be liable for incidental, special, indirect, direct or consequential damages or loss of profits, interruption of business, or related expenses which may arise from use of software or documentation, including but not limited to those resulting from defects in software and/or documentation, or loss or inaccuracy of data of any kind. |
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| XIII |
PROPRIETARY INFORMATION |
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Protection of Proprietary Information: Licensee agrees to keep in confidence and not disclose to others all knowledge, information and data furnished to Licensee by Advanced-CRM.com. The Licensee agrees not to use, nor reproduce for use in any way, any proprietary information of Advanced-CRM.com. The Licensee agrees to protect the proprietary information of Advanced-CRM.com with the same standard of care and procedures used to protect its own proprietary information of similar importance but at all times using at least a reasonable degree of care. |
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| XIV |
NON-COMPETE AGREEMENT |
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This License Agreement shall also serve as a Non-Compete Agreement. This Agreement is made effective as of the acceptance date of this agreement, by and between
Advanced Communications of 8721 Santa Monica Blvd # 252, Los Angeles, CA 90069-4507, USA and The Licensee.
In this Agreement, the party who is requesting the non-competition from the other party shall be referred to as "Advanced-CRM.com", and the party who is agreeing not to compete shall be referred to as "Licensee". By accepting this agreement, the licensee has access to and possession of confidential information that is proprietary to Advanced-CRM.com
Company or product names referenced hereby may be the trademark or registered trademark of their respective companies and owners.
No part of this software or manual may be reproduced or retransmitted in any form or by any means electronic, mechanical, or otherwise, including photocopying and recording for any purpose other than the purchaser's personal use without the prior written permission of Advanced-CRM.com
This software is licensed for use on a single domain and is not for resale. |
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