Terms of Service

Please read the following Terms of Service Agreement. You must agree to abide by the Terms and Conditions set forth in this agreement to continue, install, or otherwise use this software.

The following are the terms and conditions upon which Dynamic Solutions Group, Inc. ("LICENSORS") will license you (in this document, you will be referred to as "you" or the "Client") to use certain software created by and belonging to LICENSORS, pursuant to the terms and conditions of this End-User License Agreement (the "License" or the "EULA").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

By your usage of this product ("Licensed Software"), you agree to be bound by the terms and conditions of this EULA.

1. OWNERSHIP AND LIMITS TO USE

The Licensed Software and the Documentation remain at all times the sole and exclusive property of LICENSORS. In order to protect the rights of LICENSORS, the Client undertakes to comply with the following:

• a) You shall not remove, alter or obliterate any copyright notices found in the Licensed Software or its source code;
  
  
• b) You shall not reverse engineer, attempt to reverse engineer, distribute, provide unregistered license keys, or otherwise attempt to illegally obtain access to Licensed Software or its source code;
  
  
• c) You shall ensure that all personnel using software, including any consultants, comply with all of the terms and conditions of this EULA and shall be liable for any breaches thereof.
  
  
2. MINIMUM CONFIGURATION

The Client is responsible for ensuring that the computer systems onto which the Licensed Software is installed meet the minimal requirements prescribed from time to time by LICENSORS. At no time will LICENSORS make refunds of any kind, for any reason. It is your responsibility to make sure your system can meet the requirements of this script before you purchase.

3. LIMITATION OF LIABILITY

THE LICENSED SOFTWARE AND THE DOCUMENTATION ARE PROVIDED TO THE CLIENT AS IS. EXCEPT AS EXPRESSLY STIPULATED HEREIN, LICENSORS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO THE USE, PERFORMANCE OR RESULTS WHICH MAY BE OBTAINED THROUGH THE USE OF THE LICENSED SOFTWARE, DOCUMENTATION, TECHNICAL SUPPORT AND UPGRADES. LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSORS SHALL IN NO EVENT BE LIABLE TO THE CLIENT UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OR ALTERATION OF DATA, INTERRUPTION OF BUSINESS AND/OR LOSS OF EMPLOYEE WORK TIME. IN ANY EVENT, THE TOTAL LIABILITY OF LICENSORS SHALL NOT EXCEED THE AGGREGATE PAYMENTS RECEIVED BY LICENSORS HEREUNDER.

This disclaimer applies without limitation regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and regardless of whether such damages are or were foreseeable.

4. INSTALLATION AND USE OF LICENSED SOFTWARE

The Client shall follow the instructions found in the Documentation relating to the proper installation and use of the Licensed Software.

5. IMPROVEMENTS AND MODIFICATIONS TO THE LICENSED SOFTWARE

You may not modify, adapt, and create improvements directly to the Licensed Software.

6. NON TRANSFERABILITY

Neither this License nor any rights or licenses granted hereunder may be assigned, transferred, delegated, sublicensed nor time shared without the prior written consent of LICENSORS. Any such assignment, transfer, delegation, sublicense or time-sharing in breach of this undertaking is void and results in the immediate termination of this License.

7. TERMINATION

LICENSORS shall have the right to terminate this License immediately without notice in the event that:

• a) The Client breaches any of the terms and conditions of this License or refuses or neglects to pay the applicable license fees when they fall due; or
  
  
• b) The Client files a petition in bankruptcy or for the appointment of a receiver, or if an involuntary petition in bankruptcy is filed against the Client and said petition is not discharged within thirty (30) days, or if the Client becomes insolvent or makes a general assignment for the benefit of its creditors, or if the business or property of the Client comes into the possession of its creditors or of a governmental agency or of a receiver; or
  
  
• c) Any future criteria which LICENSORS deems appropriate. LICENSORS reserves the right to add these additional criteria without notice of any kind.
  
  

The Client undertakes in the event of termination of this License to immediately cease any and all use of the Licensed Software, to deliver up to LICENSORS the Licensed Software and the Documentation, and to destroy any copies made.

8. ENTIRE LICENSE

All prior proposals, understandings, and/or agreements between the parties that relate to the subject matter of this License are hereby superseded and merged into this License. This License may not be modified or altered except in writing.

9. GOVERNING LAW

This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, without giving effect to any principals of conflicts of law, except as to any provisions which may be governed by the laws of the United States, in which case the latter shall govern.

10. VENUE

The parties agree, for any claim or judicial proceedings for whatever reason relating to this License, to designate and hereby designate the courts of the judicial district of Pinellas County, Florida, as the appropriate venue for the hearing of any such claims or judicial proceedings, to the exclusion of any other courts, judicial district or jurisdiction that may have the right to hear such dispute.

11. SEVERABILITY

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

• a) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
  
  
• b) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
  
  

By using this software, you acknowledge having read this license and agree to be bound thereby.