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This Agreement, dated on day of service activation (hereinafter: Effective Date), governs the relationship between the customer (hereinafter: Licensee) and Ozzy Simpson, a private person whose principal place of business is 1801 Country Lane, Pasadena, CA 91107, United States of America (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using Portfolio Place (hereinafter: the Software) created and owned by Licensor, as detailed herein
Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Perpetual, Non-commercial, Without the rights to create derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
Limited: Licensee may use Software for the purpose of:
This license is granted perpetually, as long as you do not materially breach it.
Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
Non-Commercial: Licensee may not use Software for commercial purposes. For the purpose of this license, commercial purposes means that a 3rd party has to pay in order to access Software or that the Website that runs Software is behind a paywall.
With support & maintenance: Licensor guarantees a response to all support tickets within 48 hours during normal support hours. Any times support will be unavailable will be posted on Oznorts' support page. Live Chat is periodically available during support hours. As long as Licensee has an active instance of Portfolio Place in their Oznorts account, Licensor will provide support free-of-charge to Licensee.
The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee:
In consideration of the License granted under clause 2, Licensee shall pay Licensor a monthly or annual fee, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall constitute a material breach of this Agreement.
Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
Major Update: for the purpose of this license, a Major Update shall be a material amendment in the Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase the Software under version 1.X.X, an upgrade shall commence under number 2.0.0.
Minor Update: for the purpose of this license, a Minor Update shall be a minor amendment in the Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase the Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
Fix: for the purpose of this license, a Fix shall be a minor amendment in the Software, intended to remove bugs or alter minor features which impair the Software's functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2.
Software is provided with limited support, as detailed in the Software’s SLA detailed under the License Grant. Licensor shall provide support via the Binpress issue tracker and / or electronic mail and on regular business days and hours.
Bug Report: Licensee may provide Licensor of details regarding any bug, defect or failure in the Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.
To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using the Software’s source code.
Intellectual Property: Licensor hereby warrants that the Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
No-Warranty: the Software is provided without any warranty; Licensor hereby disclaims any warranty that the Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running the Software on License’s Website(s).
Prior Inspection: Licensee hereby states that he inspected the Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding the Software's incompatibility, performance, results and features, and warrants that he inspected the the Software.
Licensee warrants that he inspected the Software according to clause 8 and that it is adequate to his needs. Licensee may request a refund from Licensor in accordance to Licensor's refund policy. Licensee may be required to disclose his reason for refund to Licensor.
Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of the Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in the Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.
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