End User License Agreement (EULA)

End User License Agreement for Focus Pocus Inc.

Effective as of January 2014

 

 

FOCUS POCUS SOFTWARE INC (“FOCUS POCUS”) IS WILLING TO LICENSE THIS APPLICATION TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT THE TERMS CONTAINED IN THIS LICENSE. BY SIGNING UP FOR A FREE TRIAL. PROVIDING YOUR CREDIT CARD INFORMATION, OR ACCEPTIONG OUR SERVICE BY SIGNING A SOFTWARE PROPOSAL, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THE SERVICE, INCLUDING THIS LICENSE AGREEMENT, THE TERMS OF SERVICE http://www.focuspocussoftware.com/terms/, THE PRIVACY POLICY http://www.focuspocussoftware.com/privacy/.  IF YOU DO NOT AGREE TO THESE TERMS, THEN FOCUS POCUS IS UNWILLING TO LICENSE THE APPLICATION TO YOU AND YOU SHOULD NOT USE THE APPLICATION.

Your use of the Application indicates your acceptance of these terms and conditions. If you do not agree to these conditions, do not use the Application, and disconnect from the Service.

Definitions

  • (a) “Application” means the Focus Pocus Application, in object code only, provided by Focus Pocus to you hereunder, together with all Focus Pocus-authorized updates, replacements or modifications provided to you. This Application may contain software licensed to Focus Pocus by third parties.
  • (b) “Documentation” means the user guides, reference manuals, installation materials and other written materials relating to the Application which Focus Pocus makes available in electronic form at the Focus Pocus Web Site.
  • (c) “Service” means the Focus Pocus service accessible through use of the Application.
  • (d) “Web Site” means the Internet sites located at www.focuspocussoftware .com.

Limited Use License

Focus Pocus grants to you the nontransferable (except as provided below), non-exclusive right, without the right to sublicense or rent, to use the Application solely for the purpose set forth in the applicable terms and conditions located at www.focuspocussoftware.com.  You may not distribute copies of the Application or any accompanying Documentation to others, nor may you modify or translate the Application or Documentation. Your subscription to the Service is limited to the staff accounts for which you registered in your sign-up form.

Title

This Agreement is not a sale of the Application or any copy. Focus Pocus (or its licensors) retains all rights, interest, title and ownership of the Application and the Documentation, including patents, copyrights, trademarks, trade secrets, and other proprietary rights applicable thereto, and all copies, regardless of the form or media on or in which the original or any copy may exist. The Application and the Documentation are protected by United States and other applicable laws and by international treaty provisions. Except as stated herein, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect of the Application and Documentation.

Notification of Problems and Suggestions

Please notify info@FocusPocusSoftware.com of any problems that you encounter in using the Application. You may also notify Focus Pocus of any suggestions, modifications or enhancements to the Application, provided, however, that you agree that all such suggestions for modifications or enhancements to the Application are hereby assigned to Focus Pocus, shall be the sole and exclusive property of Focus Pocus, and shall be considered Confidential Information of Focus Pocus.

Confidentiality

You acknowledge that the Application and Documentation contain proprietary and confidential property of Focus Pocus and/or Focus Pocus licensors (collectively, “Confidential Information”). You will not disclose, provide or otherwise make available any such Confidential Information to any third parties.

Other Restrictions

Except as expressly provided herein, you may not copy, nor encourage or allow copying of, the Application or Documentation. You may not cause or permit the disclosure, copying, renting, licensing, sublicensing, leasing, dissemination or other distribution of the Application or the Documentation by any means or in any form, without the prior written consent of Focus Pocus. You may not use the Application to conduct a service bureau or similar business for the benefit of third parties. You agree that you will not, directly or indirectly, reverse engineer, disassemble, decompile or otherwise alter the Application.

DISCLAIMER OF WARRANTIES AND CONDITIONS

THE APPLICATION AND DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOCUS POCUS AND/OR ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION OR DOCUMENTATION, THEIR TITLE OR NON-INFRINGEMENT OF THIRD PARTY’S RIGHTS, THEIR QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE APPLICATION OR DOCUMENTATION IS WITH YOU. FOCUS POCUS SHALL IN NO WAY BE RESPONSIBLE FOR ANY DAMAGES CAUSED TO YOUR COMPUTER SYSTEM OR TO ANY DATA ON YOUR SYSTEM OR STORED USING THE APPLICATION ARISING FROM YOUR USE OF THE APPLICATION.

If you have questions about performance of this product, you can contact Focus Pocus at info@FocusPocusSoftware.com (or such other address as Focus Pocus may make available from time to time).

Some jurisdictions do not allow the exclusion or limitation of relief, incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Limitation of Liability

IN NO EVENT WILL FOCUS POCUS OR ITS LICENSORS BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OF DATA, LOSS OF USE, OR LOSS OF ANTICIPATED PROFITS) RESULTING FROM EITHER THE APPLICATION OR DOCUMENTATION OR BOTH, EVEN IF FOCUS POCUS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM A PARTY’S GROSS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.

FOCUS POCUS’S OR ITS LICENSORS’ LIABILITY TO YOU OR ANY RELATED THIRD PARTY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO . THE TOTAL AMOUNTS PAID BY YOU DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING ANY CLAIM

Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, special, punitive or indirect damages, or the limitation of liability to specified amounts, so the above limitation or exclusion may not apply to you.

Term

This Agreement is effective until terminated. You may terminate the Agreement at any time by discontinuing your use of the Service and notifying Focus Pocus info@FocusPocusSoftware.com. This Agreement shall terminate automatically and your access to the Service will be suspended if you fail to comply with any term or condition contained herein, as applicable, or in the applicable terms and conditions

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General

This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements pertaining to the subject matter hereof. This Agreement shall not be amended, altered or changed by any purchase order or other instrument submitted by you, whether formally rejected by Focus Pocus or not. If Focus Pocus provides any modification, enhancement, replacement or update for the Application to you, such modification, enhancement, replacement, or update shall be governed by the terms of this Agreement, or any additional or different terms and conditions that Focus Pocus may require as a condition to your using such modification, enhancement, replacement or update. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and shall not affect the enforceability of any other provision of this Agreement.

Respect for Rights and Indemnification

You agree that you shall only use the Application and Documentation in a manner that complies with the Web Site Terms of Use, the applicable terms and conditions and the Privacy Policy located at www.focuspocussoftware.com, and all applicable laws in the jurisdiction in which you use the Application and Documentation, including but not limited to, applicable restrictions concerning copyright and other intellectual property rights. This Application is intended for use only with properly licensed media and content. It is your responsibility to ascertain whether any copyright, patent, or licenses are necessary and to obtain any such licenses to duplicate, modify, transmit, distribute, and/or create or compress such media or content. You agree to indemnify, defend, and hold harmless Focus Pocus and its affiliates, licensors, suppliers, officers, directors, employees and agents from and against any and all losses, damages, costs, expenses (including reasonable court costs and attorneys’ fees), fines, or claims arising from or relating to any claim (i) connected with your use of the Service; or (ii) that the Application and Documentation was used by you in connection with the duplication, modification, transmission or distribution of or any other action relating to any content or materials in violation of another party’s rights or in violation of any law.

You may not use the Application in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.

Choice Of Law

This Agreement will be governed by, and any arbitration hereunder shall apply, the laws in force in the Florida excluding (i) the application of its conflicts of law rules; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods (the “1974 Convention”); and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980.

The governing language of this Agreement, the Service, the Application and the Documentation is English.  The parties confirm their express wish that this Agreement and all related agreements, documents and notices be drawn up in the English language.

If a case should exist where this document and the Focus Pocus Inc Terms Of Use have discrepancies, the Terms Of Use will take precedence.