End User Terms of Service
1. License Terms
Your use of Software is subject to all agreements such as a company license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply (“License Terms”). In the event that the Software is provided on or through actify.com (the “Site”) and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following:
a. the Software may be used solely for your personal, informational, noncommercial purposes
b. the Software may not be modified or altered in any way
c. the Software may not be redistributed or transferred to other users
d. licenses granted for desktop applications are also subject to the terms in Section B
2. Reservation of rights and ownership. Actify reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright and other intellectual property laws and treaties. Actify or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This Agreement does not grant you any rights to trademarks or service marks of Actify.
3. Ownership of Software. You agree and acknowledge that Actify transfers no ownership interest in the Software, in the intellectual property in any Software or in any Software copy, to you under this Agreement or otherwise and that Actify and its licensors reserve all rights not expressly granted to you hereunder.
4. Export Restrictions. You may not export or re-export any Software or other technology received under this Agreement except in full compliance with all United States and other applicable laws and regulations. In particular, none of such Software or technology may be exported or re-exported into (or to a national or resident of) any country to which the U.S. embargoes goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders.
- No Rental or Commercial Hosting. You may not rent, lease, lend or provide commercial hosting services with the Software
- Publications and Lectures. The use of the Software in data manipulation for any kind of publication or lecture should receive full acknowledgment.
- Term & Termination. The term of this Agreement shall commence when you electronically download or otherwise gain access or receive it and shall continue thereafter. If you fail to fulfill any of your material obligations under this Agreement, Actify and/or its licensors may pursue all available legal remedies to enforce this Agreement, and Actify may, at any time after your default of this Agreement, terminate this Agreement and all licenses and rights granted to you under this Agreement. You agree that Actify’s licensors referenced in the Software are third-party beneficiaries of this Agreement, and may enforce this Agreement as it relates to their intellectual property. You further agree that, if Actify terminates this Agreement for your default, you will, within thirty (30) days after any such termination, deliver to Actify or render unusable all Software originally provided to you hereunder and any copies thereof embodied in any medium.
- Eligibility. You may only use the Software if you are (a) over 13 years old and (b) allowed by law to enter into a binding contract.
- Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. However, Actify reserve the right to pursue legal action within the Country of usage under that Country’s laws.
- Disclaimer of Software Warranty. ACTIFY PROVIDES THE SOFTWARE TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN TO YOU BY ANY ACTIFY EMPLOYEE, REPRESENTATIVE OR DISTRIBUTOR WILL CREATE A WARRANTY FOR THE SOFTWARE, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
- Limitation of Liability. IN NO EVENT SHALL ACTIFY OR IT LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION THE COST OF COVER, DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS OR GOODWILL, OR PROPERTY DAMAGE), WHETHER OR NOT ACTIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
- Additional Terms. Some Software can be subject to additional terms (the “Additional Terms”). Any content that we provide to you (such as Software, SDK, samples, etc.) are licensed, not sold, to you, and may be subject to Additional Terms. New Additional Terms may be added from time to time.
- Order of Precedence. If there is any conflict between the terms in this Agreement and the Additional Terms, then the Additional Terms govern in relation to that Service or Software.
- Modification. We may modify, update, or discontinue the Services, Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to download your content.
- Contact Information: Address any questions or concerns regarding this Agreement to:
400 Renaissance Center, STE 2600,
Detroit, MI 48243. USA
Attn: Legal Department.
RESERVATION OF RIGHTS AND OWNERSHIP. Actify reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright and other intellectual property laws and treaties. Actify or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This Agreement does not grant you any rights to trademarks or service marks of Actify.
B: Additional Terms for Desktop Applications
Actify desktop applications require that you activate the Software in order to verify that you are installing an authentic Actify product.
- Duplication Restrictions. In order to affect your license rights hereunder, you may install the Software by duplicating it onto the hard disk drive or into the CPU memory of a PC for use thereon, and you may make full or partial copies of the Software, but only as necessary for backup or archival purposes or for purposes of distribution pursuant to Section 3 below. You agree that (i) your use and possession of such copies shall be solely under the terms and conditions of this Agreement, and (ii) you shall place the same proprietary and copyright notices and legends on all such copies as included by Actify on any media containing an authorized copy of the Software originally provided by Actify. Distribution of the Software to Others. You may not duplicate the Software except for backup and archival purposes. You may not distribute the Software to others unless (i) you transfer all your rights hereunder to the recipient; (ii) the recipient agrees to abide by all of the terms of this license agreement; and (iii) you do not retain any copy of the Software or its documentation. In any event, you may not make copies of the Software for distribution to others or allow copies of the Software to be made by someone else.
- Transfer Restrictions. This license is personal to you. Except as expressly provided in Section 3 above, you may not transfer the Software and/or assign this License to any third party. If you attempt to transfer or assign this License, such transfer or assignment will be void and without effect.
- Privacy: When you activate this product, you are not required to send any personal information to Actify. Activation is completely anonymous. During activation, the product creates a unique hardware identifier that represents the configuration of the computer at the time of activation. The hardware identifier does not include any of your personal information, information about software or data that may reside on your computer, or information about the specific make or model of your computer. The hardware identification only identifies the computer for the sole purpose of activation. The activation technology in the product can detect and tolerate changes to your computer configuration. Minor upgrades will not require re-activation. If you replace your hard drive or your motherboard you may be required to activate the product again. When activating over the Internet or telephone, the following information is transmitted to Actify solely for the purpose of completing activation: the hardware identifier, an activation request code, the product serial number, and the name, version, and language of the product and operating system. This anonymous information is only used to generate a license for your product. For more details, please visit: actify.com. After activation you may also choose to register your product. The product registration process is a separate and distinct process from activation. If you choose to register your product, the information that you provide will be securely stored by Actify. Actify does not allow the selling of any user-provided information to third parties. Actify respects the rights users give us when opting to receive e-mail communications and enforces internal policies to preserve those rights. It is our objective to retain the long- term ability to continue to communicate with our users. For more detailed information, please visit: www.actify.com.