SOFTWARE LICENSE AGREEMENT

QUANTIVE DYNAMIC SOLUTIONS LLC

📖 Important Information

This Product is licensed, not sold, to You for use only under the terms of this license. The Licensor, QUANTIVE DYNAMIC SOLUTIONS LLC, reserves all rights not expressly granted to You.


This License Agreement consists of two components: a license to obtain the Software, and a license to use the Software. Please carefully review and understand both components before proceeding.


These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘You‘), and Quantive Dynamic Solutions LLC, concerning your access to and use of the Services. You agree that by accessing the Services, You have read, understood, and agreed to be bound by all of these Legal Terms. If You do not agree with all of these legal terms, then you are expressly prohibited from using the Services and You must discontinue use immediately.


We reserve the right, in our sole discretion, to make changes or modifications to this License Agreement from time to time. It is your responsibility to periodically review this License Agreement to stay informed of updates and changes. This URL for this page is https://quantivedynamics.com/license-agreement.html

1. GRANT AND SCOPE OF LICENSE

Subject to the terms and conditions of this Agreement, Licensor grants You a limited, non-exclusive, non-transferable license to use the Software. You may not rent, lease, sell, redistribute, sublicense, or otherwise transfer the Software or any rights under this Agreement without the express written consent of Licensor.

2. SOFTWARE UPDATES AND SUPPORT

For a period of twelve (12) months from the date of purchase, You are entitled to receive software updates and new versions of the Software that may be made available by Licensor.

3. PERMITTED USES

Subject to the terms of this Agreement, You are authorized to:

  • a. Install and operate a single instance of the Software on one (1) production website domain that You own or control;

AND

  • b. Create development and testing installations of the Software, provided that such installations are password-protected, clearly marked as non-production environments, and accessible only to You and Your authorized personnel.

Domain Restrictions: The Software is licensed for use only on the domain registered at the time of first activation. You may not deploy the Software on any domain other than the licensed domain without prior written authorization from Licensor.

Domain Transfer: Domain changes require express written permission from Licensor. If Licensor provides an automated domain transfer tool, use of such tool constitutes the required permission for that specific transfer.

4. DISCLAIMER OF WARRANTIES

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Licensor does not warrant that the Software will meet Your requirements, operate without interruption, or be error-free. You assume all responsibility for selecting the Software to achieve Your intended results and for the installation, use, and results obtained from the Software.

5. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall Licensor's total liability to You exceed the amount actually paid by You for the Software license.

6. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our affiliates, subsidiaries, and all of our respective officers, agents, employees, and partners, from and against any loss, liability, damage, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your warranties and representations set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

7. GOVERNING LAW

This License Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law principles. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in Florida.

8. TERMINATION

Termination by You: You may terminate this Agreement at any time by ceasing all use of the Software, destroying all copies in Your possession or control, and providing written notice to Licensor.

Automatic Termination: This Agreement will terminate immediately and automatically if (a) Your payment for the Software is reversed, charged back, or disputed, (b) You receive a refund for the Software, or (c) You breach any material term of this Agreement. Upon termination, You must immediately cease all use of the Software and destroy all copies in Your possession or control.

9. GENERAL PROVISIONS

Entire Agreement: This Agreement constitutes the entire agreement between You and Licensor regarding the Software and supersedes all prior or contemporaneous communications, agreements, and understandings.

Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Platform Terms: Your use of any distribution platform provided by Licensor is subject to the platform's separate Terms of Service. Violation of such terms may result in termination of Your access to software updates but shall not affect Your right to use previously obtained versions of the Software.

10. TRANSACTIONS, SIGNATURES, AND ELECTRONIC COMMUNICATIONS

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

11. MISCELLANEOUS

This License Agreement, Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between You and Us. Our failure to exercise or enforce any right or provision of this License Agreement shall not operate as a waiver of such right or provision. This License Agreement and Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Our reasonable control. If any provision or part of a provision of this License Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this License Agreement, and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of this License Agreement or use of the Services. You agree that this License Agreement will not be construed against Us by virtue of having drafted them. You hereby waive any and all defenses You may have based on the electronic form of this License Agreement and the lack of signing by the parties hereto to execute this License Agreement.

⚖️ Acknowledgment

By purchasing, downloading, installing, or using the Software, You acknowledge that You have read this License Agreement, understand it, and agree to be bound by its terms and conditions. If You do not agree to these terms, do not use the Software.

Contact Information: For questions regarding this License Agreement, please contact QUANTIVE DYNAMIC SOLUTIONS LLC at your designated support channels.