License Activation Center – Terms of Service
Last updated: September 5th, 2011
The following terms and conditions govern all use of the license.x-formation.com website (“Service”), and all content and products available at or through the Service. The Service is owned and operated by X-Formation. The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, X-Formation’s Privacy Policy) and procedures that may be published from time to time on this Service by X-Formation (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service.
- Use of Services and Account.
If you create an account on the Service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify X-Formation of any unauthorized uses of your account or any other breaches of security. X-Formation will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. - Types of Accounts.
X-Formation offers both a restricted Free Account, limited by functionality and number of permitted monthly license activations, and a Paid Account. The Free Account does not include the following:- Vendor API
- Reports
- CRM Systems integration
- Customer support
For more information on the types of accounts, restrictions, and current pricing please contact us.
- General Representation and Warranty.
You represent and warrant that (i) your use of the Service will be in strict accordance with the X-Formation Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party. - Intellectual Property.
This Agreement does not transfer from X-Formation to you any X-Formation or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with X-Formation. X-Formation, License Activation Center, LAC, X-Formation.com, license.x-formation.com, the X-Formation and License Activation Center logos, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks of X-Formation. Your use of the Service grants you no right or license to reproduce or otherwise use any X-Formation trademarks. - Changes.
X-Formation reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. X-Formation may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. You can review the most current version of the Terms of Service at any time at: http://www.x-formation.com/license_activation_center/license-activation-center-terms-of-service.html. - Modification to Prices or Billing Terms.
X-Formation reserves the right, at any time, to change its prices and billing terms and methods for the Service, effective immediately upon email delivery to you. - Term.
The term of this Agreement becomes effective on the date X-Formation issues an invoice for an accepted order to use the Service. This Agreement will continue from month to month until terminated by either party pursuant to the terms hereof. - Termination.
If you have a Paid Account, you may terminate this Agreement or your license.x-formation.com account at any time by providing a thirty (30) days written notice, upon which your right to use the Service immediately ceases. X-Formation may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Notwithstanding the foregoing, if you have a Paid Account, such an account can only be terminated by X-Formation if you materially breach this Agreement and fail to cure such breach within thirty (30) days from X-Formation’s notice to you thereof; provided that, X-Formation can terminate the Service immediately as part of a general shut down of our service. You agree that termination of this Agreement will not relieve you of any obligation to pay any accrued charges. There are no refunds or discounts provided when an account is terminated. Termination shall include the permanent removal of any and all of your information and data from the Service. Such information and data may not be made available to you after termination. You may not take legal action against X-Formation for losing/deleting any information and data upon and after termination. Free accounts may also be terminated after a 3-month period of inactivity. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. - Backups.
You are responsible for taking backup copies of any and all your data, files, and documents created and saved by using the Service or saved into the Service and its system. X-Formation will not be responsible or held liable for any damage due to data, files or documents being destroyed, lost, or changed, or for the costs related to such damage. - Access to Services.
X-Formation will use reasonable efforts to ensure that the Service is available twenty-four hours a day, seven days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by X-Formation to minimize such disruption where it is within X-Formation’s reasonable control.
Currently, the Service is updated weekly, usually on Tuesdays or Wednesdays, with new features and fixes. This causes a downtime that typically lasts no longer than 20 minutes. - Indemnification.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS X-FORMATION AND ITS RESPECTIVE OWNERS, MANAGERS, OFFICERS, EMPLOYEES AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT. - Disclaimer of Warranties.
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, X-FORMATION FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL X-FORMATION OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF X-FORMATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. - Limitation of Liability.
IN NO EVENT SHALL X-FORMATION AND ITS RESPECTIVE OWNERS, MANAGERS, OFFICERS, EMPLOYEES AND SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO (i) YOUR INABILITY TO USE THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (ii) YOUR MISUSE OF THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (iii) NONPERFORMANCE OR A FAILURE OF THE SERVICES CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, (iv) EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION; (v) TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, OR (vi) ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL APPLY EVEN IF X-FORMATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. X-FORMATION ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNTS (1) WILL BE UNINTERRUPTED OR ERROR FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNT.
IN NO EVENT SHALL X-FORMATION AND ITS RESPECTIVE OWNERS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, X-FORMATION SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND X-FORMATION AGREE THAT IN NO EVENT SHALL LIABILITY OF X-FORMATION TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY.
YOU AND X-FORMATION AGREE THAT THIS SECTION OF THE AGREEMENT, “LIMITATION OF LIABILITY”, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND X-FORMATION. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, X-FORMATION WOULD NOT PROVIDE THE SITE, MATERIALS, CONTENT, SERVICES, OR ACCOUNTS TO YOU. - Governing Law.
In case of legal disputes, legal proceedings must be handled in the court of Aarhus, Denmark. - Contact.
Should you have any questions concerning this Agreement, or if you desire to contact X-Formation for any reason, please write:
X-Formation
Sioevaenget 18
DK – 8381, Tilst
Denmark
www.x-formation.com
info@x-formation.com
