Terms of service

HIRE ENGAGEMENT SOLUTIONS (DBA: LEADERLYNC)

SOFTWARE END-USER LICENSE AGREEMENT

 

IMPORTANT! BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS, OBLIGATIONS AND RESTRICTIONS SET FORTH IN THIS END-USER LICENSE AGREEMENT (THE "EULA" OR “AGREEMENT”). YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE UNLESS AND UNTIL YOU ACCEPT THE TERMS OF THIS EULA.

 

This EULA is a binding legal agreement between Hire Engagement Solutions, Inc. (hereinafter the “Licensor”) and you (the “End User”) for the software and all materials accompanying the software and this EULA, including associated media, printed materials, applications, and any online or electronic documentation (the "Software").  By installing or downloading, accessing or otherwise using the Software, you agree to be bound by the terms and conditions of this EULA.  If you do not agree to the terms and conditions of this EULA, do not download, install or attempt to use the Software.  

 

1.         Definitions

 

a.         “Additional Software” shall have the meaning as is set forth in Section 5of this Agreement.  

 

b.         “End User” shall have the meaning as set forth in the preamble of this Agreement.

 

c.         “Hardware Device” shall mean computer, phone, mobile device, tablet, workstation, or other terminal accessed by the End User. 

 

d.         “License” shall have the meaning contained in the terms defined in Section 3of this Agreement. 

 

e.         “Licensor” shall have the meaning as set forth in the preamble of this Agreement.

 

f.          “Licensor Website” shall mean the website owned and operated by Licensor, primarily located at the web address “http://get.leaderlync.com/”, and any other related web pages.  

 

g.         “Previous Software Version” shall mean the version of the Software that formed the basis for the End User’s upgrade eligibility.

 

h.         “Software” shall have the meaning as set forth in the preamble of this Agreement.

 

i.          “Support Services” shall mean any technical support or other services provided by the Licensor to the End User for the purpose of facilitating the End User’s use of the Software under the License.

  

j.          “Subscription” shall mean the continuing grant of the License contingent on payment by the End User of the Subscription License Fee.  

 

k.         “Subscription License Fee” shall mean the recurring fees paid or required to be paid by End User in exchange for the License to use the Software granted under this Agreement, and such fees as determined by the Licensor and noticed to the End User, or disseminated through any online software or application store prior to installation and access by the End User. 

 

l.          “Subscription Term” shall mean the length of time that the end user has paid for the subscription 

 

2.         Subscription, Price and Payment. 

 

The Software is protected by state and federal copyright and intellectual property laws, and international copyright and other treaties. Licensor makes the Software available for your use by license and by Subscription basis only, and there is no sale of the Software between Licensor and End User.  Your Subscription, accompanying License, and activation of the Software are conditioned upon prior payment of the Subscription License Fee.  

 

The Subscription is valid from the activation date and for the remainder of the Subscription Term. The Subscription and License under this EULA automatically terminates at the end of the Subscription Term, unless renewed pursuant to the then current renewal requirements.  

 

The current Subscription License Fee is subject to change at Licensor’s discretion as posted on the Licensor Website, or in any online store in which the Software is being disseminated.  If you have not previously paid the Subscription License fee for the Software, then you must pay the Subscription License Fee within the period indicated in any applicable invoice sent to you by Licensor.  You agree that failure to timely pay the Subscription License Fee will result in termination of the Subscription and the License. 

 

3.         Grant of License.  

 

Subject to and conditioned upon End User's payment of the Subscription License Fees and End User's strict compliance with all terms and conditions set forth in this Agreement, Licensor hereby grants to End User a non-exclusive, non-transferable, non-sublicensable, limited license during the Subscription Term to use the Software, subject to all conditions and limitations set forth in this Agreement (the “License”). This License grants to you the following rights and limitations:

 

a.         You may install, use, access, display, and run only one copy of the Software on any single Hardware Device, and only for your personal purposes, and in accordance with this Agreement and any other documentation provided by Licensor.  

 

b.         You must acquire and dedicate a separate Subscription and License for each Hardware Device on which the Software is installed, used, accessed, displayed, or run.  A Subscription and License for the Software may not be shared or used concurrently by different End Users or on different Hardware Devices.

 

c.         Your License rights under this EULA are non-exclusive and non-transferable.  You may not sell, transfer or convey the Subscription to the Software to any third party without Licensor’s prior express written consent.

 

d.         You have not obtained any rights except for those explicitly granted in this EULA.  All rights not expressly granted to you herein are reserved by Licensor.

 

4.         Support Services.

 

Licensor may provide you with support services related to the Software, in its discretion. Support Services are limited to the then-current released version of the Software and related release documentation.  Your use of Support Services, if any, is governed by Licensor’s policies and programs described in this EULA, any user manual, online documentation, or other Licensor provided materials. Any supplemental Software code provided to you as a part of Support Services will be considered part of the Software and subject to the terms of this EULA. With respect to technical information you provide to Licensor as part of the Support Services, Licensor may use such information for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies you except to the extent necessary to provide you with support or other services related to your Subscription or the Software.

 

5.         Replacement, Modification, and Upgrades.

 

Licensor may, from time to time, and for an additional fee, replace, modify or upgrade the Software. If and when you accept any such replacement, modified, or upgraded Software (“Additional Software”), the Additional Software will be considered part of the Software and your use of the Additional Software subject to the terms of this EULA, or a EULA superseding this EULA that accompanies such Additional Software.  If you do not agree to be bound by such superseding EULA, you must cease use and remove such Additional Software from the Hardware Device.  By downloading and using the Additional Software you agree to be bound by the superseding or then current EULA. Licensor reserves the right to discontinue support and software for any version other than the then-current released version or updated Software.  In order to be eligible to use the Additional Software, you must first be licensed and current in your Subscription.  Subsequent to your acceptance of the Additional Software, you may no longer use the Previous Software Version.  

 

6.         Termination.

 

Your License to the Software automatically terminates when you remove and destroy all copies of the Software, if you fail to comply with the terms of this EULA, or if your Subscription terminates or lapses, including for failure to renew the Subscription.  Upon termination, you are required to immediately cease use of the Software and remove all copies of the Software from your computer and destroy all copies of the Software in your possession.

 

7.         Intellectual Property Rights

 

a.         Copyright.  All title, ownership and copyrights, and other intellectual property in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, design, code, systems, processes, and methods incorporated into the Software), any accompanying printed materials, and any copies of the Software, are owned by Licensor or its suppliers. This EULA grants you no rights to use such content apart from use of the Software.  

 

b.         Limitations on Reverse Engineering.  You shall not reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, reproduce, create derivative works from, distribute or provide others with the Software in whole or part, transmit or communicate the application over a network except and only to the extent that such activity is expressly permitted by this EULA.

 

8.         Limited Warranty.

 

Licensor warrants to you, the End User only, that the Software will perform substantially in conformance with the related documentation for a period of ninety days (90) from the date of activation of the Subscription.  Licensor makes no warranty with respect to the hardware and software not supplied by Licensor under this EULA or about any defects related to download or Internet connectivity problems during download of the Software.  Licensor’s entire liability and your sole and exclusive remedy under this limited warranty during the warranty period is that Licensor, at is sole option, either will repair or replace (by allowing further download or upgrades of the Software), or refund the prorata portion of the unused portion of your Subscription Fee for the current Subscription Term.  Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.  In order to make a claim under this warranty you must contact the Licensor directly and have previously attempted to receive Support Services.

 

9.         Disclaimer of Warranties.

 

TO THE MAXIMUM EXTENT ALLOWABLE BY LAW AND SUBJECT TO THE LIMITED WARRANTY, LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE “AS IS” WITH ALL FAULTS, MAKE NO OTHER WARRANTIES, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND OTHER RIGHTS, TITLE AND QUIET ENJOYMENT WITH REGARD TO THE SOFTWARE AND ANY WARRANTIES OR REPRESENTATIONS REGARDING THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING FAILURE TO PERFORM SUCH SERVICES OR SUPPORT IN A WORKMANLIKE OR PROFESSIONAL MANNER OR OTHERWISE.  EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ABOVE, LICENSOR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THE CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, FREEDOM FROM OR LACK OF VIRUSES, DISABLING FEATURE, BUGS, WORM OR HARMFUL SOFTWARE CODE, E PERFORMANCE.  YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE, INCLUDING ANY RISK, DAMAGE OR LOSS INCURRED BY YOU THROUGH USE OR DOWNLOADING THE SOFTWARE. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES OR JURISDICTIONS.  SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  IN THAT CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE EARLIER DATE OF DOWNLOAD OR ACTIVATION OF THE SUBSCRIPTION.

 

10.       Limitation of Damages.

 

TO THE FULLEST AND MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER OR NOT ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)  ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE OR PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF LICENSOR AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY LICENSOR WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE IN THE CURRENT SUBSCRIPTION PERIOD.

 

11.       Arbitration.

 

The Parties agree that this Agreement is considered entered into in the State of Florida. The parties agree that this EULA will be governed by and construed and interpreted in accordance with the laws of the State of Delaware. Any dispute arising under this EULA will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any.  The arbitration will be held in Gainesville, Florida. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this EULA. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.  You consent to jurisdiction and venue in the state or federal courts sitting in Alachua County, Florida.

 

12.       Severability.

 

If any term of this EULA is found to be void, invalid, unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.

 

13.       No Waiver.

 

No waiver of any right under this EULA will be deemed effective unless contained in writing signed by a duly authorized representative of the party against whom the waiver is to be asserted, and no waiver of any past or present right arising from any breach or failure to perform will be deemed to be a waiver of any future rights arising out of this EULA.

 

14.       Entire Agreement.

 

This EULA constitutes the entire agreement between You and Licensor with respect to the Software, Support and subject matter of this Agreement, and supersedes all prior or contemporaneous agreements, proposals, negotiations, representations or communications relating to Software, support or the subject matter. Both parties acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein.

 

 

Date: 1/5/2018