This Agreement, governs the relationship between the Buyer (hereinafter: Licensee) and Intermatics Software Services (Hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using TrainEasy (hereinafter: The Software) created and owned by Licensor. By installing or using the Software, you agree to be bound by the terms of this Agreement.
License Grant: Licensor hereby grants Licensee a Non-assignable & non-transferable and non-exclusive license with the following details:
Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee :
Prices: The prices of all products are subject to change without notice.
Upgrades, Updates and Fixes: 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.
Liability: 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 Licesee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licesee’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.
Refund Policy: As Licensor is offering non-tangible digital goods, Licensor does not generally issue refunds after a purchase has been made. Licensor will consider a refund within the first 7 days of purchase of The Software if Licensee is unable to get The Software to install properly on the Licensee’s website or if The Software fails to perform the basic functions as designed and Licensee has worked with the product support team to try to resolve these issues. Refunds will be granted at the sole discretion of Intermatics Software Services. Refunds do not apply to product upgrades or renewals. No refunds will be given after 7 days from the initial purchase. By purchasing The Software, Licensee agrees to the terms of the Refund Policy.
Indemnification: 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.
Governing Law, Jurisdiction: 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.
Display of Copyright Notices: All copyright and proprietary notices within the Software must remain intact.