This Agreement (the "Agreement")
shall come into force and effect on the date specified on
receipt of payment. This Agreement shall be between you and
FrontSuite S.A. ("FSSA") whereby FSSA agrees to
provide SOFTWARE SUPPORT
on the following terms and conditions. The Agreement shall
remain in force and effect for this period specified in the
Agreement application ("FrontSuite® Monthly Support
Contract") unless previously terminated in accordance
with Clause 3 below:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FSSA AND
ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH
REGARD TO THE FRONTSUITE® SOFTWARE, AND THE PROVISION
OF OR FAILURE TO PROVIDE SUPPORT SERVICES.
COPYRIGHT
1. Any new versions or
releases of the Software as may be issued to you in pursuant
to the above sub-Clauses shall be dispatched on compact
disk and/or via email and/or downloaded from FrontSuite
official site (www.frontsuite.com).
2. The
issue of such Replacement Software will permit you to install
the same on a single personal computer (or single network,
where you have purchased this version) and install data
at any one time, whether for a company, partnership or group,
person or otherwise (unless, and to the extent that, you
have purchased the relevant licence for multiple users and/or
multiple sets of data from FSSA), in the course of which
you may make one copy of the Replacement Software in any
computer readable format for back-up purposes. The copyright
design right and any other intellectual property rights
in the source and object codes of the Replacement Software
vest exclusively with FSSA.
3. The
Replacement Software may not be copied without the express
consent in writing of FSSA under such terms as it shall
determine. In particular, the Replacement Software shall
not be installed onto any additional network (where you
have purchased such version) or onto any additional personal
computer including any laptop or portable computer without
an additional user licence, available at separate cost from
FSSA.
GENERAL
1. Any re-seller or dealer from whom you purchased the Software
is not appointed or authorized by FSSA as its servant or
agent. Such persons have no authority (either express or
implied) to enter into contract or grant any licence or
provide any representation, warranty, condition or guarantee
with or to you on behalf of FSSA, or thereby bind FSSA.
FSSA cannot be responsible for any modifications or mergers
made to the Software by such person.
2. Failure
by FSSA to enforce any of the terms and conditions of this
Agreement shall not be construed as a waiver of its rights.
FSSA shall nor be under liability to you in respect of any
circumstances beyond its reasonable control.
3. You are not permitted to assign the benefits and obligations
of this Agreement to a third party unless with prior written
consent.
4. The validity, construction and performance of this Agreement
will be governed by the laws of Chile and the parties hereby
submit themselves to the exclusive jurisdiction of the Chilean
Courts.
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