Terms and Conditions
Click for END-USER LICENSE AGREEMENT
OPTSY SOFTWARE LICENSE TERMS
These license terms are an agreement between Optsy and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Optsy
Internet-based services, and
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use one copy of the software on your device.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Optsy reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.
You may not
disclose the results of any benchmark tests of the software to any third party without Optsy’s prior written approval;
work around any technical limitations in the software;
reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software;
transfer the software or this agreement to any third party; or
use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, New York state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Optsy gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Optsy excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Optsy and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Optsy knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages
Payment is due upon receipt.
Software updates and a limited number of technical support hours will be provided for 12 months from the date of account activation. After this initial period, an annual maintenance contract may be purchased for 18% of the original sales price of total number of licenses purchased, including additional licenses purchased, and excluding discounts. The maintenance contract entitles the client to a limited number of technical support hours and to unlimited software updates for the duration of the agreement.
All sales are final.
If an invoice contains a subscription based product, the following terms apply:
1. Your subscription is renewed every month on the same date of your first subscription invoice date and must be paid by credit card on file. You are required to maintain a valid credit card with Optsy for your monthly billing.
2. Your server must have the ability to update your license by connecting to the Optsy servers to authenticate your subscription and to receive product updates.
3. To cancel your subscription for future payments you must contact Optsy 10 days prior to your next billing cycle.
4. Request to cancel your monthly subscription should be sent only to email@example.com. 5. An active support contract must be in place in order to receive updates and support. All sales are final.
When purchasing a server license, free sql is including in setup, over 10 gb of data in database would require client to purchase full sql to allow data to be stored. This is not included in purchase of application and needs to be purchased separately.
The support contract entitles you to unlimited software updates and to a specified number of hours of support during the contract period under the service contract terms as detailed below. The number of hours of support you’re entitled to is calculated based on the renewal amount divided by $120 rounded to the next half hour. For PAYG Desktops you are entitled to 2 hours per user for each support term (each term is 12 months). Additional support hours can be purchased at $120 per hour and are billed in 1/2 hour increments. Please note, however, that reporting of a bug in the software will not be deducted from your available support time.
END-USER LICENSE AGREEMENT
This Optsy LLC End-User License Agreement (Agreement) is a legal agreement between you and Optsy LLC. You are bound by this Agreement once you accept its terms or otherwise use the software and documentation that it accompanies, referred to as “Software.” The Software is licensed, not sold. Please also read the terms entitled “Privacy Statement,” as that discloses what information we collect in conjunction with your use of the Software and the Services, and what we do with that information. If you do not agree to the terms of this Agreement, do not install or use the Software or Services.
1. License for the Software. Optsy LLC grants you the non-exclusive right to install and use FieldOne on your machine. You may permanently transfer all of your rights under this Agreement, provided the recipient agrees to be bound by the terms of this Agreement.
2. Services Overview. Through the Software, Optsy LLC provides you with service industry management solutions, referred to as “Services.” At any time during the use of the Services, you have the right to choose to stop using the Services by uninstalling the Software.
3. Restrictions. You may not distribute copies of the Software to third parties, reverse engineer, decompile, or disassemble the Software (except and only to the extent that such activity is expressly permitted by applicable law), create any derivative works of the Software, rent, lease, or lend the Software, or remove or alter any copyright, trademark, or other proprietary notices from the Software. You must comply with all applicable laws regarding your use of the Software.
4. Termination. You may terminate this Agreement by uninstalling and ceasing use of the Software and Services. Without prejudice to any other rights, Optsy LLC may terminate this Agreement and your use of the Software for cause with notice to you. If you fail to comply with the terms and conditions of this Agreement, this license and your right to use the Software and Services automatically terminates. Upon termination, you must destroy all copies of the Software.
5. Intellectual Property Rights. All right, title and interest in and to the Software and Services (including but not limited to all intellectual property rights) are owned by Optsy LLC. The Software is protected by copyright and other intellectual property laws and international treaty provisions.
6. Support and Updates. Your use of the Software and Services is “AS IS” and at your own risk. Optsy LLC undertakes to support the Software or Services, pursuant to terms in the Software documentation or other materials provided by Optsy LLC. Any updates or upgrades to the Software shall be considered part of the Software and subject to the terms and conditions of this Agreement.
7. NO WARRANTIES. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. OPTSY LLC EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL OPTSY LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR OPERATION OF, OR INABILITY TO USE THE SOFTWARE, THE SERVICES OR MATTERS RELATING TO THIS AGREEMENT, EVEN IF OPTSY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OPTSY LLC’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT, YOUR USE AND OPERATION OF THE SOFTWARE AND SERVICES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES OR LIMITATIONS OF LIABILITY OR THE DISCLAIMER OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. MISCELLANEOUS. The law governing this Agreement shall be the law of the state of New York, U.S.A. You expressly agree to settle any disputes arising out of or related to this Agreement by binding arbitration under the rules of the American Arbitration Association, in New York, NY. The exclusive jurisdiction and venue of court action relating to this provision or such arbitration shall be held in New York, NY. This Agreement may be assigned by Optsy LLC to third parties.
The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Optsy LLC, Far Rockaway, New York.