influence FM: Station End-User License Agreement
This license agreement is a legal agreement between Station, the End-User, and influenceFM, LLC. Carefully read this license agreement prior to use of the software product. Use of the software indicates Station’s acceptance of the terms and conditions of this license agreement. If Station does not agree to the terms and conditions of this license agreement, do not use the software!
By using this Software or accessing any associated web sites, the End-User acknowledges that it has read this License, understands it, and agrees to be bound by its terms and conditions. Should Station have any questions concerning this License, contact the Licensor at firstname.lastname@example.org prior to use.
The associated web sites and the accompanying documentation are provided to the Station and End-User (combined or individually known as “Licensee”) by influenceFM, LLC., (“Licensor”) for use only under the following terms. Licensor reserves any right not expressly granted to the Station and End-user. Licensor retains ownership of all copies of the Software itself and the Software Source Code and associated web sites. The Station and End-User assumes sole responsibility for the installation, use and results obtained from use of the Software.
1. LICENSE. Station and End-User are granted a limited, non-exclusive license to do only the following:
A. Access the Software and associated web sites on any computer at any time for use only in the Station’s and End-User’s own business. Following each monthly payment of the License fee with cash and/or Network commercial units, Licensor will unlock the software for use for the following calendar month. It shall be a violation of this license to attempt to bypass protections built into the software.
B. Transfer the Software and all rights under this License to another party together with a copy of this License and all written materials accompanying the Software, provided (i) Station and the End-User gives Licensor written notice of the transfer (including in such notice the identity of the transferee), (ii) the transferee has read and agrees to accept the terms and conditions of this License, and (iii) the transferor immediately ceases using the software.
2. RESTRICTIONS. Station and the End-User may NOT sub-license, assign, or distribute passwords to the Software and associated Web Sites to others. The Software contains trade secrets. Station and the End-User may NOT decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human readable form. Station and the End-User may not modify, adapt, translate, rent, lease, loan, resell for profit, distribute, or otherwise assign or transfer the software, or create derivative works based upon the software or any part thereof, except as expressly provided herein.
3. PROTECTION AND SECURITY. Station and the End-User agree to use their best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution or use in whole or in part, in any form, shall be made. Station and the End-User acknowledge that the Software contains valuable confidential information and trade secrets and that unauthorized use and/or copying is harmful to Licensor. Station and the End-User agree not to attempt to tamper with any software locking mechanism in order to obtain access to the software and associated web sites.
4. TERMINATION. This License is effective until terminated by Network or Licensor. This License will terminate immediately without notice from Network or Licensor if Station and the End-User fail to comply with any of its provisions or are in arrears on payment more than 30 days. No refunds will be given for any part of any month not used to Licensor.
5. EXPORT LAW ASSURANCES. Station and the End-User agree that Station and the End-User will not transfer or export, directly or indirectly, the Software or any of its components outside the U.S. or the country of usage and/or in violation of any U.S. law or regulation controlling such export.
6. SUPPORT AND TRAINING. Licensor will provide training and support as follows:
A. Free telephone/Web assistance to answer specific questions about influenceFM site and Software Systems products during business hours [5AM-6PM Arizona Time USA Mon-Fri].
B. In addition to the assistance for specific questions described above, free extended telephone/Web training sessions will be provided for Station and the End-User trainee on a pre-scheduled basis.
C. Licensor does provide a toll-free telephone number for support or training.
D. International support is provided by e-mail at email@example.com.
E. Licensor does not provide support for any configuration, setup, screen-saver, or printing problems related to any operating system or other product not provided by influenceFM, LLC.
F. Station and the end-user must provide their employee(s) a telephone that is usable from the location from which the program is being operated. No support will be provided in cases in which Station and the end-user’s telephone cannot be used by Station and the end-user when sitting directly in front of a computer on which the program can be accessed.
7. ENHANCEMENTS. From time to time Licensor may, in its sole discretion, advise Station and the End-User of updates, upgrades, enhancements or improvements to the Software and/or new releases of the Software (collectively, “Enhancements”), and may license Station and the End-User to use such Enhancements upon payment of prices as may be established by Network and Licensor from time to time. All such Enhancements to the Software provided to Station and the End-User shall also be governed by the terms of this License. In order for Station and the End-User to be assured that it will be advised of and licensed to use any enhancements to the software, Station and the End-User must indicated its acceptance of this license agreement.
8. OWNERSHIP/USE OF DATA GATHERED. Network and Licensor agree that all data collected by Station and the End-User is the exclusive property of Station.
9. DATA BACKUPS. Due to wide range of computer systems in use, the existence of malevolent computer viruses, and the fact that no computer hardware is completely fail-safe, the Licensor makes no warranty of any kind that Station and the End-User’s data won’t be corrupted or lost. Station and the End-User agree that Station and the End-User’s sole protection against data loss are to keep copies of all data considered to be important to the operation of their business. Station and the End-User further agree to hold Network and Licensor harmless for any loss of Station and the End-User’s data, regardless of the cause.
10. LIMITED WARRANTY. Licensor warrants that, the software and associated web sites will operate substantially in accordance with the published functional specifications current at the time of agreement. If a defect appears, Station and the End-User shall promptly notify Licensor and Licensor’s only obligation shall be, at Licensor’s election, to repair the defective Software or refund the monthly fee for the month in which the defect was noted. Station and the End-User agree that the foregoing constitutes Station and the End-User’s sole and exclusive remedy for breach by Network and Licensor under any warranties made under this Agreement. This warranty does not cover any Software that has been altered or changed in any way by anyone other than Licensor. Licensor is not responsible for problems associated with or caused by incompatible operating systems, internet connections, software or equipment, or for problems in the interaction of the Software with software not furnished by Licensor. No oral or written information or advice given by Network and Licensor or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing warranty.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STATION AND THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL PUBLISHER, PROGRAMMER, NETWORK, LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO STATION AND THE END-USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY ACCOMPANYING WRITTEN MATERIALS, EVEN IF NETWORK AND LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS THE RESPONSIBILITY OF STATION AND THE END-USER TO PROTECT THE STATION’S AND THE END-USER’S DATA BY PERFORMING DAILY DATA BACKUPS AND STORING THEM IN A SECURE LOCATION. NETWORK’S AND LICENSOR’S LIABILITY TO THE STATION AND THE END-USER (IF ANY) FOR MONETARY DAMAGES FOR ANY CAUSE WHATSOEVER, UNDER ANY THEORY OF LAW, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO NETWORK AND LICENSOR FOR THE LICENSE TO USE THE SOFTWARE AND ASSOCIATED WEBSITES.
11. MANDATORY ARBITRATION, ENFORCEMENT, DAMAGES. This agreement shall be construed under the laws of the State of Arizona, and is enforceable only in Lake Havasu City in Mohave County. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. Any dispute relating to interpretation or performance of this agreement shall be resolved at the request of either party through binding arbitration. Arbitration shall be conducted in Lake Havasu City, Mohave County, Arizona, in accordance with the then-existing rules of the American Arbitration Association. Judgment upon any award by the arbitrators may be entered by the state or federal court having jurisdiction. The parties intend that this agreement to arbitrate be irrevocable. In any action or request for arbitration brought by Licensee for alleged damages suffered by Licensee under any theory of law, Licensee agrees that Network’s and Licensor’s maximum liability under all laws or causes of action shall not exceed any single monthly License fee actually paid by Licensee. Any notices or other communications to be sent to Licensor must be mailed first class, postage prepaid, to the following address: influenceFM, LLC. Number 10 Media Center Drive, Lake Havasu City, AZ 86403, USA.
12. HOW WE COLLECT AND SHARE INFORMATION WITH GOOGLE AND DROPBOX: We do not share information with Google or Dropbox without your consent. influence FM does NOT have access to PARTICULAR information shared with Google Drive or Drop Box and data is encrypted when transferred and only shared with Google or Dropbox via an encryption token. It is your responsibility to back-up your data from Google Drive or Dropbox in case of an outage or system failure of influence FM. Please read Google Drive, Google Calendar and Dropbox’s Terms of Service before using influence FM.
A. We use Google Calendar’s API (Application Interface) to link your influence FM account to this services so you can export your influence FM calendar to Google Calendar. This allows you to see you influence FM calendar to events on your Google Calendar. The data sync to Google Calendar only goes from influence FM to Google Calendar. influence FM does not receive or store information about your Google Calendar.
influence FM allows you to tie files together from your Google Drive or Drop Box account that you may use for your client list, production orders, tasks or smart rate contracts. For media files such as (but not limited to) .mp3, .mp4, .word, .pdf and other commonly used files influence FM allows you to upload, store, download and play media files through influence FM via Google Drive or Drop Box. The files shared with Google Drive or Drop Box are not stored on influence FM’s servers nor played from influence FM servers.
13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly cancelled and superseded. This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Licensor.