OffBeat Solutions
ADHD Reminders
END USER LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED

IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND OffBeat Solutions COVERING YOUR USE OF ALL OffBeat Solutions SOFTWARE APPLICATION (“SOFTWARE”) THAT YOU HAVE ACQUIRED.  YOU ACKNOWLEDGE UPON INSTALLATION OF ANY SOFTWARE THAT YOU HAVE REVIEWED AND AGREED TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT.  IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE.  IF YOU HAVE ALREADY INSTALLED THIS SOFTWARE AND DO NOT AGREE TO THESE TERMS, PLEASE UNINSTALL THE SOFTWARE AND IMMEDIATELY DISCONTINUE ITS USE.  YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO COMPLY WITH ITS TERMS AND CONDITIONS.

BY CLICKING ON THE "I Agree with the above terms and conditions", OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "I do not agree" AND THE INSTALLATION PROCESS WILL NOT CONTINUE.  IN ADDITION: (1) IF YOU PURCHASED THE PRODUCT, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND; OR, (2) IF YOU ARE OTHERWISE ATTEMPTING TO DOWNLOAD THE PRODUCT AND YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT COMPLETE THE DOWNLOAD; OR, (3) IF YOUR SOFTWARE WAS INCLUDED IN EQUIPMENT WHICH YOU PURCHASED AND YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.

As used herein, “EULA” means an end user license agreement.  This EULA is a legal agreement between you (either an individual or an entity) and OffBeat Solutions and its suppliers and resellers (collectively "OffBeat Solutions") for the Software which may include components provided by suppliers and third-parties to OffBeat Solutions. 

“Software” means the object code versions of the product, together with the updates, upgrades, modifications or enhancements owned and provided by OffBeat Solutions to you pursuant to this agreement.

As used herein, "Computer" means the hardware, if the hardware is a single computer system whether physical or virtual, or shall mean the computer system with which the hardware operates, if the hardware is a computer system component.

This Software is an application made up of individual software components, each of which was individually written and copyrighted.

The Software is a collective work under U.S. Copyright Law.  Upon installation of this Software, OffBeat Solutions hereby grants you the following license to use the Software in your facility subject to the terms contained herein subject to the licenses referenced herein.  

1.    GRANT OF LICENSE.  Upon payment of the fees applicable under this Agreement, OffBeat Solutions hereby grants to you a non-exclusive, personal license to use the Software and any related documentation ("Documentation") subject to the following terms:

a)    For each registered serial number and Software license key that you purchase, you may: (i) use the Software on any single Computer; and (ii) copy the Software for back-up and archival purposes, provided any copy must contain all of the original Software's proprietary notices within the United States and its territories or any other country to which this program can legally be exported.

b)    The Software is "in use" on a computer when it is loaded into temporary memory or installed in permanent memory (Hard Drive, CD-ROM or other storage device).  You agree to use your best efforts to prevent and protect the contents of the Software and Documentation from unauthorized use or disclosure.  You agree that you will register this Software and its Serial Number only with OffBeat Solutions and that you will only install a Software License Key obtained directly from OffBeat Solutions.

2.    LICENSE RESTRICTIONS. 

a)    You may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; (v) remove any proprietary notices or labels on the Software or Documentation.  Any such forbidden use shall immediately terminate your license to the Software.  The download features of the Software are intended only for use with public domain or properly licensed content and content creation tools.  You may require a patent, copyright, or other license from a third party to create, copy, download, or save content files for by this Software.

b)    You may not delete, remove, hide, move or alter any Icon, Image or Text that represents either the company name of OffBeat Solutions or any derivation thereof.  All representations to the company name “OffBeat Solutions” must remain as originally distributed regardless of the presence or absence of a trademark or copyright symbol.

c)    This EULA does not grant you any rights in connection with any trademarks or service marks of OffBeat Solutions or its suppliers.  All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the Software, the accompanying printed materials, and any copies of the Software) are owned by OffBeat Solutions, its suppliers, or are publicly available.  All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.  This EULA grants you no rights to use such content.  All rights not expressly granted under this EULA are reserved by OffBeat Solutions and its suppliers.  You agree that you will not export or re-export the Software to any country, person, or entity subject to U.S. export restrictions. you specifically agree not to export or re-export the Software (i) to any country to which the U.S. has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any person or entity who you know or have reason to know will utilize the Software or portion thereof in the design, development, or production of nuclear, chemical or biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.

d)    You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

3.    TITLE.  Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in OffBeat Solutions and/or its suppliers.  The Software and the Services are protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software and the Services ("Content") shall be retained by the applicable Content owner and may be protected by applicable copyright or other law. This license gives you no rights to such Content.

4.      LIMITED WARRANTY.  OffBeat Solutions warrants to you that for a period of thirty (30) days following delivery of the Software to you that the Software will perform substantially in conformance with the published documentation.  OffBeat Solutions does not warrant that the Software will meet all of your requirements or that the use of the Software will be uninterrupted or error-free.  The foregoing warranty applies only to failures in operation of the Software that are reproducible in standalone form and does not apply to: (i) Software that is modified or altered by you or any third party that is not authorized by OffBeat Solutions; (ii) Software that is otherwise operated in violation of this Agreement or other than in accordance with the published user documentation; or (iii) failures which are caused by other software or hardware products.  To the maximum extent permitted under applicable law, OffBeat Solutions and its supplier's entire liability and your exclusive remedy under the express warranty for any breach of the foregoing warranty, OffBeat Solutions will, at its sole option and expense, promptly repair or replace any medium or Software which fails to meet this limited warranty or, if OffBeat Solutions is unable to repair or replace the medium or the Software, refund to you the applicable license fees paid upon return, if applicable, of the nonconforming item to OffBeat Solutions (in the case of a subscription license, the unused prepaid subscription fees).  The warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for 30 days.

OffBeat Solutions WARRANTS THAT THE SOFTWARE AND RELATED DOCUMENTATION DO NOT INFRINGE ON ANY PATENTS, COPYRIGHTS OR TRADEMARKS OR CONSTITUTE MISAPPROPRIATION OF THIRD PARTY PROPRIETARY INFORMATION. 

EXCEPT AS EXPRESSLY STATED IN THIS SECTION, OffBeat Solutions IS PROVIDING AND LICENSING THE SOFTWARE TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

5.    NO LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OffBeat Solutions BE LIABLE TO YOU FOR MORE THAN THE AMOUNT OF LICENSE FEES THAT YOU HAVE PAID TO OffBeat Solutions IN THE PRECEDING (12) TWELVE MONTHS OR BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR SOFTWARE PROGRAMS, EVEN IF OffBeat Solutions OR A DEALER AUTHORIZED BY OffBeat Solutions HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OffBeat Solutions HAVE ANY LIABILITY HEREUNDER.

6.    GENERAL.  If any provision of this Agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions.  This Agreement shall be governed by the laws of the State of California and of the United States, without regard to any conflict of laws provisions, except that the United Nations Convention on the International Sale of Goods shall not apply.

7.    COMPLETE AGREEMENT.  This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous communications, agreements and understandings, written or oral, with respect to the subject matter hereof including without limitation the terms of any EULA contained in the software or any purchase order issued in connection with this Agreement.  This Agreement shall not be amended or modified except in a writing signed by authorized representatives of each party.

 

Copyright © 2021 OffBeat Solutions, Inc. All Rights Reserved. End User License Agreement.

Revised April 8, 2021