These license terms are an agreement between JMA Web Technologies Inc. (“JMA” or “the Licensor”) and you. Please read them. They apply to the software that accompanies these license terms (the “Licensed Software”).
BY USING THE LICENSED SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE LICENSED SOFTWARE. ALL SALES ARE FINAL.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.
- OVERVIEW. These license terms permit installation and use of one copy of the software on one device, along with other rights described below.
- INSTALLATION AND USE RIGHTS. Before you use the software under a license, you must assign that license to one server. That server is the “licensed device.”
- Licensed Device. You may install and use one copy of the software on the licensed device.
- Reassigning the license to another device. You may reassign the license to a different device any number of times. If you reassign the license, that other device becomes the “licensed device.”
- SUBSCRIPTION SOFTWARE. If you licensed the software on a subscription basis, your rights to use the software are limited to the subscription period. You may have the option to extend your subscription. If you extend your subscription, you may continue using the software until the end of your extended subscription period.
- SCOPE OF LICENSE. The software is licensed, and not sold, to you. This agreement only gives you some rights to use the software. JMA Web Technologies, and if applicable other manufacturers, reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:
work around any technical limitation in the software;
- reverse engineer, decompile or dissemble the software, except and only to the extent that applicable law expressly permits despite this limitation;
- make more copies of the software than specified in this agreement or allowed by applicable law despite this limitation;
- publish the software for others to copy;
- use the software in any way that is against the law; or
- rent, lease or lend the software.
- NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale."
- Trial Versions. If you are using a trial version of the software, you may use it royalty-free for a period specified by JMA.
- Tax Services. You must purchase the tax service from Avalara to use the Avalara Kentico Connector. Please contact Avalara before installing the Avalara Kentico Connector.
- USPS/UPS/Ship Rush & PayPal Software. You may use these products without purchasing the Avalara Kentico Connector.
- Support Services. You are entitled to receive technical support from JMA Web Technologies to assist you to resolve questions about the software. For the trial version, you may open three tickets. For the paid version, you may open five tickets. Each separate technical question will be considered one ticket, regardless of how many times you need to contact technical support for that question.
- Support is limited to product specific questions only. General programming questions are beyond the scope of technical support.
- You will comply with our support policies.
- JMA shall decide whether certain behaviors make the software defective and fix it at no charge.
- Our company can change our support terms without notice.
- LIMITED WARRANTY. The Licensor warrants, for your benefit alone, for a period of 14 days from the date of the commencement of this License Agreement (referred to as the “Warranty Period”) that the Program shall operate to your satisfaction. If during the Warranty Period you are unsatisfied with the Program, you may return the Program to Licensor for either replacement or, if so elected by Licensor, a refund of amounts paid by you under this License Agreement. JMA Web Technologies will not refund any fee paid to Avalara directly. You will not be entitled to any refund if you download the trial version first. Upon receipt of a refund you must stop using the product. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED “AS IS,” AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- ENTIRE AGREEMENT. This agreement, any addendum or amendment included with the software, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
- APPLICABLE LAW. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to principles of conflicts of laws.
- LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
- LIMITATION OF LIABILITY; EXCLUSION OF CONSEQUENTIAL DAMAGES. The cumulative liability of Licensor to you or any other party for all loss, damages, or claims arising out of or relating to the Licensed Program and this Agreement, including any cause of action sounding in contract, tort, or strict liability, shall not exceed the total amount of all license fees paid to Licensor hereunder. This limitation of liability is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. Licensor shall have no liability for loss of data or documentation, it being understood that you are responsible for reasonable backup precautions. In no event shall Licensor be liable for special, consequential, incidental or punitive loss, damage or expenses of any kind whatsoever (including, without limitation, damages resulting from lost goodwill, business interruption, lost business, lost savings, lost opportunity, lost data, or delays in performance), even if Licensor has been advised of the likelihood thereof and regardless of whether sought in an action at law or in equity and regardless of whether brought as a contract action, tort, strict liability, statutory claim, or otherwise. This limitation upon damages and claims is intended to apply without regard to whether other provisions of this Agreement have been breached or have proven ineffective. You may have additional rights under certain laws (e.g., consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If such laws apply, these exclusions or limitations do not apply to you.
- SEVERABILITY. If any of the provisions of this Agreement are held to be invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted, and the validity of the remaining provisions shall not be affected thereby. If any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances.
- WAIVER. Neither party shall, by mere lapse of time, without giving notice thereof, be deemed to have waived any right or remedy arising hereunder or in connection with any breach or illegality involving the other party. The waiver by either party of any such right or remedy shall not be construed as a waiver of any other right or remedy or as a continuing waiver with respect to any similar, ongoing, or repeated circumstances.
- For Avalara products with the source code - I agree to change the source code only under express written condition from JMA Web Technologies. If I change the source, I agree to send the changes to JMA. I will pay the license fee per federal tax ID that I set-up, unless another agreement between JMA and your business exists. I will not distribute the source code outside my organization and I will not open source the software.
- For our SaaS offerings, you are entitled to one hour of help desk support per month. Help desk support does not cover coding changes. This work is billable at our hourly rate. Help desk support is limited to general functionality questions.
- Although our SaaS based solutions will attempt to fix your data, we cannot guarantee that all your records meet your e-comemrce solution or Accounting solution's requirements. You recognize you may have to fix your data or configure your system to properly work with our SaaS based offerings.
- If we believe you're using excessive bandwidth or other processing power from our hosting company, we have the right to increase your fees. You shall be notified of the change.
- If you exceed your plan's transaction limit, your monthly charge shall increase. This can be paid one-time or each month.