The web-based SOFTWARE is Confidential. Each party agrees not to use any Confidential Information of the other party for any purpose except to evaluate and engage in Software evaluation. Each party agrees not to disclose any Confidential Information of the other party to third parties or to such party's employees, except to those employees of the receiving party who are required to have the information in order to evaluate the Software. Neither party shall reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which embody the other party's Confidential Information and which are provided to the party hereunder.
USER LICENSE AGREEMENT
You agree that your use of the Easy InnKeeping systems, software and services is expressly conditioned on your agreement to the terms and conditions stated below. WHICH INCLUDE A LICENSE, A LIMITED WARRANTY, AND DISCLAIMER (collectively, the “Agreement”). THIS AGREEMENT CONSTITUTES THE COMPLETE AND ENTIRE AGREEMENT BETWEEN YOU AND GRACE SOFTWARE, INC. WITH RESPECT TO THIS PRODUCT. Your usage signifies your assent to all of these terms and conditions.
1. Grace Software, Inc. retains title and ownership of the software program Easy InnKeeping ASP and reserves all rights not expressly granted to you hereunder.
2. SUBSCRIPTION. The Software is licensed on a monthly or yearly subscription basis, as selected by Licensee or its agent.
3. OWNERSHIP OF DATA AND MARKS - Easy InnKeeping ASP is a trademark and/or service mark of Grace Software, Inc. All information and data ("Data"), and all trademarks, logos and service marks ("Marks") displayed on our sites are the exclusive property of the registered owners. Therefore, you agree that you will not reproduce, sell, transfer, modify, redistribute, retransmit, publish and/or commercially exploit the Data or Marks without the express written permission of the entity that owns the Data or Marks. Your access or use of the site does not grant, expressly or otherwise, any license or right to use any of the Data or Marks. Copyright in this document is owned by Grace Software, Inc.
4. Easy InnKeeping ASP software and the instructional materials included in this product are copyrighted. Unauthorized copying of the Easy InnKeeping ASP software and/or the instructional materials is prohibited, and you may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms and conditions of the Agreement.
5. USE OF SYSTEM AND SOFTWARE APPLICATIONS - The Easy InnKeeping ASP systems and software applications may only be used for the purposes indicated in the signed System and Services Agreement and no other purpose. You understand that unauthorized use, the Data or the Marks may violate applicable copyright, trademark or other intellectual property laws or other laws. You may not post or transmit any (a) libelous, defamatory, obscene, indecent, inflammatory, pornographic, threatening, discriminatory or profane material or (b) material that could constitute or encourage conduct that would be considered a violation of any law or give rise to civil liability.
6. Easy InnKeeping ASP grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the service by any means other than through the interface that is provided by Easy InnKeeping ASP for use in accessing the service.
7. RESPONSIBILITY - You agree that you are responsible for all uses of the systems and applications by you or those using your unique ID and password to access the systems and applications. You will be responsible for any damages caused by your improper or unauthorized use of the system or applications.
8. DATA SECURITY - Security offered on this site is based on a technology called Secure Socket Layer ("SSL"), which codifies communications between your computer and Easy InnKeeping ASP systems.
9. Any updates to this product that Grace Software, Inc. may provide to you from time to time, whether with or without a separate charge, are deemed as licensed to you under the Agreement.
10. LIABILITY - Easy InnKeeping ASP makes a genuine attempt to ensure the accuracy and quality of the content contained herein; however, Easy InnKeeping ASP makes no warranty, express or implied, with respect to the quality, reliability, accuracy or freedom from error of their websites or the information contained herein. All Information in this site is subject to change without notice. Easy InnKeeping ASP will not be liable for any incidental or consequential damages resulting from any changes, or from the furnishing, performance or use of this site.
11. CLIENT CONDUCT - You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Easy InnKeeping ASP, are entirely responsible for all Content that you upload, post or otherwise transmit via our services. Easy InnKeeping ASP does not control the Content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You agree that you will not use Easy InnKeeping ASP systems, applications or services to: upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
12. SPECIAL ADMONITIONS FOR INTERNATIONAL USE - Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Grace Software, Inc. warrants that:
1. The Easy InnKeeping ASP software functions substantially as described in the instructional materials accompanying the Easy InnKeeping ASP software (as may be modified from time to time).
2. OTHER THAN AS STATED ABOVE, GRACE SOFTWARE, INC. DISCLAIMS: (1) ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF PERFORMANCE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (2) LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR “LOST PROFIT,” EVEN IF ADVISED OF THE POSSIBILITY THEREOF, EXCEPT AS SET FORTH ABOVE, THIS PRODUCT IS PROVIDED ON AN “AS IS” BASIS , AND YOU ASSUME ALL RISKS OF USE, ACCURACY, RELIABILITY, AND USEFULNESS.
3. LIMITATION OF LIABILITY - PROPERTIES OFFERING SERVICES VIA THIS Easy InnKeeping ASP SYSTEMS, APPLICATIONS AND SERVICES DO NOT ACT FOR OR ON BEHALF OF Easy InnKeeping ASP. Easy InnKeeping ASP SHALL NOT BE LIABLE FOR THE PERFORMANCE OR NONPERFORMANCE OF ANY SITE PARTICIPANTS, OR FOR ANY CLAIMS OF ANY NATURE ARISING OUT OF ANY SITE PARTICIPANT'S ACTS OR OMISSIONS, BREACH OF CONTRACT, BREACH OF WARRANTY, FAILURE TO PAY FEES, OR ANY OTHER CAUSE. IF A GUEST MAKES A RESERVATION THROUGH THE Easy InnKeeping ASP WEBSITE WHICH IS NOT HONORED BY THE TRAVEL SUPPLIER DUE TO OVERSALE OR THE LACK OF A RECORD OF THE RESERVATION, THE GUEST'S SOLE REMEDY WILL BE AS SET FORTH IN THE TARIFF OF THE REFUSING SUPPLIER OR APPLICABLE TERMS AND CONDITIONS OF THE SUPPLIER'S POLICY AND PROCEDURES.
4. Grace Software, Inc.'s liability, regardless of cause or form of action (whether in contract or tort), is limited to the price paid by you for this product.
5. Some states do not allow the exclusion or limitation of incidental or consequential damages or of implied warranties, so certain of the foregoing provisions may not apply to you. The above warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
6. GOVERNING LAW AND JURISDICTION - This agreement and its performance shall be governed by the laws of the State of Texas, United States of America, without regard to its conflicts of law provisions. You consent and submit to the jurisdiction of the state and federal courts located in Texas, United States of America, in all questions and controversies arising out of this agreement and your use of the site.
7. MODIFICATION - Easy InnKeeping ASP may at any time modify these terms and conditions and your continued use of the site will be conditioned upon the terms and conditions in force at the time of your use.
8. ADDITIONAL TERMS Other terms and conditions may apply to other uses of portions of this site, as may be identified from timeto time by site participants. You agree to comply with and abide by such other terms and conditions as a condition to your use of any such services.
Technical support related to software programs or web sites not sold by Grace Software, Inc.
Technical Support and Product Training http://www.gracesoft.com/
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After Hours Support allows any customer to contact technical support outside of our regular business hours. A GraceSoft support representative is ready to respond to any emergency, business-down situations .
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Cancellation Policy: Agreement shall continue month to month unless either party gives written notice at least (20) days before end of the current term. Please submit cancellation form before the 15th of the month to avoid the next month’s charges. If you have not informed us that you do not wish to renew the subscription by requesting and sending a cancellation form, you will be presumed to have authorized Grace Software, Inc. to charge the subscription fee to the Credit Card provided. Past due invoices must be paid in full, before the cancellation request proceeds.
Software Refund Policy: Grace Software, Inc. offers NO refund for the Easy InnKeeping ASP software. The following services are also non-refundable: Grace Software, Inc. training or consulting services, custom programming, data conversion, setup fees, shipping fees, monthly subscription, hosting and other services.
Fees And Payments: Your subscription will be automatically renewed at the end of each subscription period. At the time of automatic renewal, the subscription fee will be charged to the Credit Card provided. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least (20) days prior to the renewal date.
GRACE SOFTWARE, INC. DISCLAIMS: (1) any and all express or implied warranties, including warranties of performance merchantability and fitness for a particular purpose; and (2) liability for incidental, consequential or exemplary damages, or for “lost profit,” even if advised of the possibility thereof, except as set forth above, this product is provided on an “as is” basis, and you assume all risks of use, accuracy, reliability, and usefulness. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software.