Licensor hereby grants to Licensee a nonexclusive license to install and use the Software on a number of authenticated computers or servers specified by the terms of your license.
This License is effective when executed by both parties and will last for a term of 1 year. Thereafter, this License shall automatically indefinitely unless Licensee chooses to cancel license renewal.
Licensee agrees to pay Licensor the following license fees for usage of
Alchemyst Forms: $0.00 (USD) per year for a free use license, $24.00 (USD) per year for up to 6 installations, $99.00 (USD) per year for up to 36 installations, and/or $249.00 (USD) per year for an unlimited number of installations.
Licensor shall have the right to immediately terminate this License if Licensee fails to perform any obligation required of Licensee under this License or if Licensee becomes bankrupt or insolvent. Licensor reserves the right to immediately terminate or suspend a license for suspected fraud or sharing of license keys.
Upon termination of this License, Licensee agrees to not tamper with software to attempt to circumvent license authentication. Software may no longer function once the license has been terminated.
Licensor retains title to and ownership of the Software and all enhancements, modifications and updates of the Software.
Licensee will make no efforts to reverse engineer the Software, or make any modifications or enhancements without Licensor’s express written consent. Modification made to distributed software is no longer eligible for support from Licensor.
THERE ARE NO WARRANTIES. THE SOFTWARE IS PROVIDED “AS IS.” LICENSOR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Licensor’s entire liability and Licensor’s sole and exclusive remedy for breach of the foregoing warranty shall be Licensor’s option to either:
– return to Licensee the license fee for the period in which the Software did not perform according to this warranty, or
– repair the defects or replace the Software.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING LOSS OF PROFITS, AND LICENSOR’S LIABILITY TO LICENSEE FOR ANY OTHER DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT WHETHER IN CONTRACT, TORT, OR OTHERWISE WILL BE LIMITED TO THE AMOUNT RECEIVED BY LICENSOR FROM LICENSEE AS COMPENSATION FOR THE SOFTWARE DURING THE 0 MONTH PERIOD IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE.
Licensee agrees to indemnify, defend, and hold harmless Licensor, its parents, subsidiaries, affiliates, directors, officers, consultants, and employees from any and all claims, including any and claims brought against Licensor (including attorney’s fees), arising from Licensee’s use.
Licensee will treat the Software as a trade secret and proprietary know-how belonging to Licensor that is being made available to Licensee in confidence. Licensee agrees to treat the Software with at least the same care as it treats its own confidential or proprietary information.
The parties agree to submit any dispute under this License to binding arbitration under the rules of the American Arbitration Association in the following location: Winnebago County, Wisconsin, United States of America. Judgement upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.
If any legal action is necessary to enforce this License, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which it may be entitled.
The rights conferred by this License shall not be assignable by the Licensee without Licensor’s prior written consent. Licensor may impose a reasonable license fee on any such assignment.