MultiFlex RMS License Agreement
License Agreement
By using the MultiFlex RMS software and any associated services developed by Microhouse Systems Inc., you agree to the terms outlined in this License Agreement. If you do not agree with these terms, you should not use the software and must return it for a refund within 7 days of purchase or installation.
Ownership
Microhouse Systems Inc. retains ownership of this copy of RMS and any associated services, including any upstream or downstream software developed by Microhouse Systems Inc. to extend RMS functionality. By purchasing a license to use this program, you are agreeing to abide by the terms outlined in this License Agreement.
Grant of License
The license grants you the right to use the enclosed software on the number of computers specified in the license (e.g., a single-user license allows for one user; a five-user network license allows for five users). If the number of users exceeds the number of licenses, you must purchase additional licenses from Microhouse Systems Inc. or have a process in place to ensure compliance. Failure to comply with this provision may result in termination of the license.
Restrictions
You are prohibited from copying the documentation, software, or related services, including materials from user manuals. You also cannot distribute, rent, sub-license, or lease the software, documentation, or related services. Translation, decompiling, disassembling, or creating derivative works of the software or related services is also prohibited. Reverse-engineering, creating derivative works, or transmitting the software or related services through telecommunications is strictly prohibited. Any violation of these restrictions may result in termination of the license and legal action.
This license agreement may be terminated by either party upon written notice. The licensee must provide 30 days written notice of termination to Microhouse Systems Inc. and Microhouse Systems Inc. must provide 30 days written notice of termination to the licensee. Additionally, this license and your right to use this software will automatically terminate if you fail to comply with any of the provisions outlined in this license agreement. Upon termination, you must immediately stop using the software, delete any copies of the software in your possession, and delete any copies of the documentation in your possession. However, you will be allowed to retain a copy of your database for record keeping purposes, as you own the data. Any violation of the terms of this license agreement may also result in legal action.
Default of Payments
In the event of non-payment, you would be in violation of the terms of this license agreement, which may result in termination of the license.
Price Change
Microhouse Systems Inc. reserves the right to change the prices of its products and services at any time with 30 days notice. The price changes will only take effect at the anniversary of each renewal. For example, for services billed on a quarterly basis, the customer will be notified 30 days before the next billing cycle of the price change for the next quarter.
Retention of Data
In the event of termination of your license due to violation of this license agreement, Microhouse Systems Inc. is not required to retain any copies of your data.
Governing Law
This license agreement shall be governed by and construed in accordance with the laws of the province of Ontario, Canada and any applicable federal laws of Canada.
Software Maintenance and Upgrades
Microhouse Systems Inc. provides software maintenance services to ensure the continued functionality of the software on platforms supported by Microhouse Systems Inc. Customers must renew their annual maintenance agreement to maintain program functionality. Microhouse Systems Inc. reserves the right to discontinue support for older versions of the program, and customers may be required to upgrade to the latest version at Microhouse Systems Inc.'s discretion. Only the latest release of the software will be supported and upgrades are implemented to improve technology and business logic.
Software Support
If you do not have a valid annual support contract, charges will apply for software support based on current hourly rates from Microhouse Systems Inc. or its authorized agents. While purchasing an annual support agreement is not mandatory, upgrading to the latest software version is necessary to ensure support availability due to technological changes. Support plans do not include software training.
Rights to Software and Services
Microhouse Systems Inc. retains all rights to all products and services of MultiFlex RMS and associated services developed by the company. This license agreement does not waive Microhouse Systems Inc.'s rights under any copyright laws or other federal or provincial laws.
Data Ownership and Compliance Clause
The licensee of Microhouse Systems Inc.'s software and services shall retain ownership of all data generated by the software and services unless otherwise agreed upon. The licensee is responsible for ensuring that the data generated, including but not limited to invoices, product information, and customer information, does not violate any local laws where the software or service is being used, as well as the laws of Canada and the United States of America. Any violation of these laws shall be considered a breach of this agreement and will result in immediate termination of the license.
Termination for Misuse of Software and Services
The software and related services provided by Microhouse Systems Inc. are intended for use in accordance with the documentation and guidelines provided by Microhouse Systems Inc. Any use of the software or services outside of their intended use, or any abuse of the software or services, as determined by Microhouse Systems Inc., in its sole discretion, will result in immediate termination of the license granted under this agreement.
Limited Warranty
In the event that you discover defects in the RMS, Microhouse Systems Inc. will fix the defect at no cost to you in a timely manner.
Limitation on Warranty
Microhouse Systems Inc. excludes any and all implied warranties, including warranties of fitness for a particular purpose, for its products and services. The company's sole remedy for defects in the software and documentation is to replace the defective item. Although Microhouse Systems Inc. has tested the software and reviewed the documentation, the company makes no warranty of representation, either expressed or implied, with respect to the software or documentation, its quality, performance, merchantability, or fitness for a particular purpose. As a result, the software and documentation are licensed 'as is' and you, the licensee, are assuming the responsibility for the correctness of your data throughout the system and to verify if such are maintained adequately. In no event will Microhouse Systems Inc. be liable for direct, indirect, special, incidental, or consequential damages arising out of the use or inability to use the software or documentation, even if advised of the possibility of such damages. In particular, Microhouse Systems Inc. shall have no liability for any data stored or processed with this software, including the costs of recovering such data. The warranty and remedies set forth above are exclusive and in lieu of all others, oral or written, expressed or implied. No Microhouse Systems Inc. dealer, agent, or employee is authorized to make any modifications or additions to this warranty.