ADY Software TERMS OF SERVICE AGREEMENT

 

THIS TERMS OF SERVICE AGREEMENT (“Agreement”) is made between ADY Software, (“Company”) and any person (“User”) who installs the TAIO (“Software”).

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BY CLICKING ON THE APPROVAL BUTTON OR OBTAINING, USING OR INSTALLING THIS SOFTWARE, YOU EXPRESSLY AGREE TO ALL TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, SELECT THE UNACCEPTABLE BUTTON AND STOP INSTALLING THE SOFTWARE. THIS AGREEMENT APPLIES TO ALL RELEASED VERSIONS OF THE SOFTWARE. THIS AGREEMENT MAY BE CHANGED BY NEW SOFTWARE, AT THE SOLE EXCLUSIVITY OF THE COMPANY.

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a.  The copyright to TAIO software is owned by ADY and is protected by intellectual property laws and international intellectual property treaties. User access to the Software is licensed, not sold. The free version of the software is lent to the User to test its hardware compatibility, requirements and will run for seven days.

 

b.   The License is intended for use with a single computer on which the installation file is installed with full functionality and the correct 15-Character Code provided by the Company is loaded. The 15-Character Code cannot be shared with any other computer or User. The user is aware that sharing the 15-Character Code provided with the license may damage other computer Software and lock the Software down.

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c.   Data Download. Company do not provide Data Download. User hereby agrees that Company makes absolutely no guarantees regarding compatibility with the Software and is not responsible for the Data Downloads from Client’s other sources.  

 

d.   Function and Accessibility.  User agree that the Company's website may be unavailable or inoperable from time to time for any reason, including but not limited to: (i) hardware (hardware) failures, (ii) software failures, (iii) periodic maintenance or repair procedures, which the Company may from time to time take action or (iv) take actions beyond the Company's reasonable control or whose causes are not reasonably foreseeable by the Company. The Company is not responsible, directly or indirectly, for the operation and / or reliability of Components, system, equipment or otherwise, or for User Internet Service Provider ("ISP").

 

e.   Equipment. The User is solely responsible for ensuring, maintaining and ensuring compliance with the Software, any hardware, electrical and other physical requirements related to the User's use of the Software, including, but not limited to, telecommunications and internet connections, internet service provider, internet browsers and / or other equipment, programs and services required to access and use the Software.

 

f.   Grant of License.  The Company grants the User, in accordance with the terms of this Agreement, an exclusive and non-transferable license to use the Software on one computer at any time.

 

g.   Technical support: The Company may provide, as a courtesy, of technical support at its sole discretion.

THE COMPANY MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE TECHNICAL SUPPORT SERVICES AND HEREBY MAKE NO WARRANTIES OR CONDITIONS REGARDING TECHNICAL SUPPORT, INCLUDING NOT LIMITING TO ANY IMPLIED WARRANTY OF ANY KIND OF SUCH ASSURANCE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, REGARDLESS OF THE LEGAL THEORY UNDER WHICH ARE CLAIMED, INCLUDING WITHOUT LIMITATION, ACTIONS BASED ON CONTRACT, NEGLIGENCE OR OTHER PERIODIC BEHAVIOR UNDER WITH OR IN CONNECTION WITH THE PROVISION OF TECHNICAL SUPPORT SERVICES. IN NO EVENT WILL THE ENTIRE LIABILITY OF THE COMPANY FOR DAMAGES EXCEED THE ENTIRE CHARGES PAID BY USER TO THE COMPANY.

 

h.   User’s System Security. User is solely responsible for the security, confidentiality and integrity of all messages and content that User receive and store in the Software or on any computer or related equipment that comes with the Software. You are solely responsible for any authorized or unauthorized access to the User Software by any person, entity, company, organization, association or otherwise.

 

i.   Fees/Licenses. Collection and taxes. All fees, taxes and other charges will be charged to User’s credit / debit card or User’s PayPal account. The user will receive an extension or upgrade of the license after confirming the payment on the Company's account. In the event that User fails to pay any amount for the license, the Software will suspend or terminate this Agreement and your use of the Software. The fees paid are not refundable.

 

j.   User Representations. The User represents and warrants to the Company that: (1) the User is over eighteen (18) years of age and has the authority and authority to undertake and perform the User's obligations under this Agreement, (2) all information provided to the Company by the User is truthful, accurate and complete, (3) User agree to comply with all terms and conditions of this Agreement, including, without limitation, the provisions set out in section ‘k’, (4) User, and not the Company, is solely responsible for the security and use of the User's password, (5) The User has provided and will provide accurate and complete registration information, including, but not limited to, the User's name, address and e-mail address, (6) The User accepts that all rights, title and interest in the Software belong to the Company. The Company reserves all rights not expressly granted to the User in this Agreement and that the User may not sublicense, transfer or assign the Software, directly or indirectly, to any person, entity, company, organization, association or otherwise for any reason whatsoever.

 

k.   Dissemination.  User may not distribute the software, usernames and / or passwords and / or the 15-Character Code of the license to any other person, entity, partnership, organization, association or otherwise. Internet Protocol ("IP") addresses may be registered by the Company to prevent misuse of the account.

 

l.  Termination. This Agreement becomes effective upon acceptance by User as set out therein and will remain in effect until terminated. User may terminate this Agreement for any reason after the current license expired. Fees paid are non-refundable and the Company reserves the right, at its sole discretion and without prior notice to the User, for any reason whatsoever to: (a) suspend the granting of a new license to the Software to the User, and (b) terminate this Agreement.

 

m.   Disclaimer of Warranties.

THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, AND MAKE NO WARRANTY OF ANY KIND FOR ANY EFFECT THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE. THE USER IS AWARE THAT THERE ARE A RISK ASSOCIATED WITH THE TRADING PAPERS AND THAT THE ASSETS MAY BE LOST AND ARE NOT INSURED. COMPANY IS ABSOLUTELY NOT RESPONSIBLE, DIRECTLY OR INDIRECTLY, FOR USERS 'ORDERS, PURCHASE AND SALE. COMPANY MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE. THE COMPANY MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THE SOFTWARE AND / OR SERVICES OF THIRD PARTY SUPPLIERS / BROKERS.

 

n.   Limitation of Liability.

IN NO EVENT SHALL COMPANY, DIRECTLY OR INDIRECTLY, BE LIABLE TO USER OR ANY OTHER PERSON, ENTITY, PARTNERSHIP, ORGANIZATION, ASSOCIATION OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE SOFTWARE,ANY CHANGES TO OR INACCESSIBILITY OF THE SOFTWARE, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY DATA, ANY DATA LOSS, OR ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SOFTWARE.IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR ANY DAMAGES EXCEED THE TOTAL FEES PAID BY USER TO COMPANY HEREUNDER. IF USER IS DISSATISFIED WITH THE SOFTWARE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SOFTWARE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION L.COMPANY TRIES HARD MEETING OR EXCEEDING INDUSTRY STANDARDS TO ENSURE THE SECURITY AND/OR FUNCTIONALITY OF SOFTWARE BUT, DUE TO THE INHERENT NATURE OF THE INTERNET, CANNOT GUARANTEE OR WARRANT FUNCTIONALITY AND/OR SECURITY OF INTERNET DOWNLOADS.

 

o.   Privacy. In justified cases, the Company will try to respect and maintain the user's privacy. The Company will not monitor, edit or disclose any personal information about the User or the User's account, including its content or the way the User uses the Software. The user does not expect privacy in general with respect to the Internet. Username, IP address and e-mail address are recorded on each user's license purchases.

Payment / credit or debit card information. The Company will not share information about the billing / credit or debit cards provided by the User with third parties, unless the User expressly receives written or electronic consent.

 

p.   Amendment.  The Company has the right, at any time and without the User's prior written notice or consent, to add or modify the terms of this Agreement, simply by updating the Company's website or requiring the User to accept the updated Agreement after installing and using the Software. Your access to or use of the Software after the date such revised terms are provided to You will be deemed acceptance of such revised terms.

The Company reserves the right to change, modify and update the designs and specifications of the Software as part of the Company's ongoing product development program.