eCandidus Group
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1. California Should you have any questions concerning this EULA or if you desire to contact eCandidus Group for any reason please contact the eCandidus Group subsidiary serving your country or write eCandidus Group 1216 N Virgil Ave Los Angeles CA 90029 2018 7 LIMITED WARRANTY LIMITED WARRANTY FOR SOFTWARE PRODUCTS eCandidus Group warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying materials for a period of ninety 90 days from the date of receipt If an implied warranty or condition is created by your state jurisdiction and federal or state provincial law prohibits disclaimer of it you also have an implied warranty or condition BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY NINETY DAYS AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY 90 DAY PERIOD THERE IS NO WARRANTY OR CONDITION OF ANY KIND Some states jurisdictions do not allow limitations on how long an implied warranty or condition lasts so the above limitation may not apply to you Any supplements or updates to the SOFTWARE PRODUCT including without limitation any if any service packs or hot fixes provided to you after the expiration of the ninety 90 day Limited Warranty period are not covered by any warranty or condition express implied or statutory LIMITATION ON REMEDIES NO CONSEQUENTIAL OR OTHER DAMAGES Your exclusive remedy for any breach of this Limited Warranty is as set forth below Ex2. Page 2 of 8 Document Management Allows for the storage and retrieval of external documents both in computer readable format and scanned images Custom Work The following work will be carried out by the Licensor and delivered to Licensee as part of this agreement Installation of system Licensor shall aid in the installation of the software in computers located at Licensee s offices above Training Licensor shall train Licensee s employees in the use of software Training shall take no more than five 5 work days and shall take place at Licensee s offices listed above Data Conversion Licensor shall convert Licensee current files to populate the Cases and Writer tables Conversion results depend on viability of current data and are not guaranteed Support Licensor shall repair at its expense any problems in the software that Licensee reports to Licensor and that is due to incorrect coding in the part of Licensor Licensor liability shall be limited to the repair and replacement of Licensor s software Updates Licensor understand that updates to the software packages after the first year will be billed at 10 of the original licensing fees Term From execution hereof Licensee has the right to use the software without any time limit Payment 1 Upon execution of this Agreement Licensee shall deliver to Licensor a non refundable payment in the amount of lt lt AMOUNT gt gt This amount
3. is part of the licensing fees Generated by Foxit PDF Creator Foxit Software http www foxitsoftware com For evaluation only Page 3 of 8 2 Upon delivery of software and installation Licensee shall deliver Licensor a non refundable payment of lt lt AMOUNT gt gt This amount is part of the licensing fees 3 Upon delivery of data conversion Licensee shall deliver to Licensor a non refundable payment in the amount of lt lt AMOUNTS gt gt 4 Upon completion of training of Licensee s associates Licensee shall deliver to Licensor a non refundable payment of lt lt AMOUNT gt gt 5 Upon final acceptance by Licensee of products and services Licensee shall deliver a non refundable payment of lt lt AMOUNT gt gt This amount is part of the licensing fees Other Remuneration Licensee is expected to aid Licensor with further promotion of eCandidus Desktop to other law offices that conduct similar business to that of Licensee Such aid is expected to take the form of recommendation letters and positive review to those other law offices End User License Agreements EULAS Licensee understands that by accepting this agreement it is also agreeing to the End User License Agreement EULA between Licensor and End Users as that term is defined herein A copy of the agreement is attached hereto as Exhibit A IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by
4. Generated by Foxit PDF Creator Foxit Software http www foxitsoftware com For evaluation only 1216 N Virgil Avenue Los Angeles CA 90029 2018 Page 1lof8 eCandidus Group Software License Agreement This is an agreement between lt lt LAW OFFICE NAME gt gt Licensee and eCandidus Group Licensor Under this agreement Licensor will deliver a software package based on Licensor eCandidus Desktop for use at Licensee s offices located at lt lt STREET ADDRESS gt gt lt lt CITY STATE ZIP gt gt Description of Work Licensor shall deliver to Licensee the standard eCandidus Desktop which has the following functionality Office Management Appointment Keeps track of appointments for all associates in the Book office Phone Log Keeps log of phone calls received for each associate in the office Things To Do Creates and maintains ticklers for all tasks assigned to each associate Memos Creates and maintains all inter office memorandums Case Management Cases Maintains all required information for each case file Writer Allows for the creation of word processing documents both ad hoc and merged using a template and case file information Forms Allows for the creation of pre printed forms both ad hoc and merged from a template and case file information Billing Allows for the billing of time units Generated by Foxit PDF Creator Foxit Software http www foxitsoftware com For evaluation only
5. ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY eCANDIDUS GROUP WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY SHAL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U S 5 00 THE FOREGOING LIMITATIONS EXCLUSIONS AND DISCLAIMERS INCLUDING SECTIONS 7 8 AND 9 ABOVE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE Generated by Foxit PDF Creator Foxit Software http www foxitsoftware com For evaluation only Page 8 of 8 11 ENTIRE AGREEMENT This EULA including any addendum or amendment to this EULA which is included with the Software Product is the entire agreement between you and eCandidus Group relating to the Software Product and the support services if any and they supersede all prior or contemporaneous oral or written communications proposals and representations with respect to the Software Product or any other subject matter covered by this EULA To the extent the terms of any eCandidus Group policies or programs for support services conflict with the terms of this EULA the terms of this EULA shall control
6. LSO THERE IS NO WARRANTY OR CONDITION OF TITLE QUIET ENJOYMENT QUIET POSSESSION AND CORRESPONDENCE TO DESCRIPTION OR NON INFRINGEMENT WITH REGARD TO THE SOFTWARE 9 EXCLUSION OF INCIDENTAL CONSEQUENTIAL AND CERTAIN OTHER DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL eCANDIDUS GROUP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL INCIDENTAL INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION FOR BUSINESS INTERRUPTION FOR PERSONAL INJURY FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE FOR NEGLIGENCE AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA EVEN IN THE EVENT OF THE FAULT TORT INCLUDING NEGLIGENCE STRICT LIABILITY BREACH OF CONTRACT OR BREACH OF WARRANTY OF eCANDIDUS GROUP OR ANY SUPPLIER AND EVEN IF eCANDIDUS GROUP OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES 10 MITATION OF LIABILITY AND REMEDIES NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER INCLUDING WITHOUT LIMITATION ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES THE ENTIRE LIABILITY OF eCANDIDUS GROUP AND ANY OF
7. PERTY RIGHTS All title and intellectual property rights in and to the Software Product including but not limited to any images photographs animations video audio music text and applets incorporated into the Software Product the accompanying printed materials and any copies of the Software Product are owned by eCandidus Group or its suppliers All title and intellectual property rights in and to the content that is not contained in the Software Product but may be accessed through use of the Software Product is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties This EULA grants You no rights to use such content If this Software Product contains documentation that is provided only in electronic form you may print one copy of such electronic documentation You may not copy the printed materials accompanying the Software Product Generated by Foxit PDF Creator Foxit Software http www foxitsoftware com For evaluation only Page 6 of 8 5 EXPORT RESTRICTIONS You acknowledge that the Software Product is of U S origin You agree to comply with all applicable international and national laws that apply to the Software Product including the U S Export Administration Regulations as well as end user end use and destination restrictions issued by U S and other governments 6 APPLICABLE LAW This EULA is governed by the laws of the State of
8. arties with the Software Product Support Services eCandidus Group may provide You with support services related to the Software Product Support Services Use of Support Services is governed by the eCandidus Group policies and programs described in the user manual in online documentation or in other eCandidus Group provided materials Any supplemental software code provided to You as part of the Support Services are considered part of the Software Product and subject to the terms and conditions of this EULA You acknowledge and agree that eCandidus Group may use technical information You provide to eCandidus Group as part of the Support Services for its business purposes including for product support and development eCandidus Group will not utilize such technical information in a form that personally identifies You Transfer of License This license is non transferable Termination Without prejudice to any other rights eCandidus Group may terminate this EULA if you fail to comply with the terms and conditions of this EULA In such event you must destroy all copies of the Software Product and all of its component parts 3 UPGRADES You may upgrade the Software Product at any time that you hold valid EULA for an existing Software Product By installing such upgrades you are acknowledging that You are transferring the EULA to the upgrade and that You shall destroy any and all copies of the existing Software Product 4 INTELLECTUAL PRO
9. buse misapplication abnormal use or a virus Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty 30 days whichever is longer Outside the United States or Canada neither these remedies nor any product support services offered by eCandidus Group are available without proof of purchase from an authorized international source To exercise your remedy contact eCandidus Group 1216 N Virgil Ave Los Angeles CA 90029 2018 Generated by Foxit PDF Creator Foxit Software http www foxitsoftware com For evaluation only Page 7 of 8 8 DISCLAIMER OF WARRANTIES THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES IF ANY CREATED BY ANY DOCUMENTATION OR PACKAGING EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW eCANDIDUS GROUP AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES IF ANY AS IS AND WITH ALL FAULTS AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS EITHER EXPRESS IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO ANY IF ANY IMPLIED WARRANTIES DUTIES OR CONDITIONS OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE OF ACCURACY OR COMPLETENESS OR RESPONSES OF RESULTS OF WORKMANLIKE EFFORT OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE ALL WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES A
10. cept for any refund elected by eCandidus Group YOU ARE NOT ENTITLED TO ANY DAMAGES INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES if the Software Product does not meet eCandidus Group s Limited Warranty and to the maximum extent allowed by applicable law even if any remedy fails of its essential purpose The terms of Section 11 below Exclusion of Incidental Consequential and Certain Other Damages are also incorporated into this Limited Warranty Some states jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you This Limited Warranty gives you specific legal rights You may have others which vary from state jurisdiction to state jurisdiction YOUR EXCLUSIVE REMEDY eCandidus Group s and its suppliers entire liability and your exclusive remedy shall be at eCandidus Group s option from time to time exercised subject to applicable law a return of the price paid if any for the Software Product or b repair or replacement of the Software Product that does not meet this Limited Warranty and that is returned to eCandidus Group with a copy of your receipt You will receive the remedy elected by eCandidus Group without charge except that you are responsible for any expenses you may incur e g cost of shipping the Software Product to eCandidus Group This Limited Warranty is void if failure of the Software Product has resulted from accident a
11. icensed not sold 1 GRANT OF LICENSE This Section of the EULA describes Your general rights to install and use the Software Product The license rights described in this Section are subject to all other terms and conditions of this EULA License Grant of Networked Product You may install and use one copy of the Server Software Product on one storage device such as a network server and allow individuals within your business enterprise to access and use the Desktop Software Product from other devices over a private and or public network License Grant of Standalone Product You may install and use one copy of the Desktop Software Product on a single computer device workstation terminal or other digital electronic or analog device Device You may make a second copy of the Software Product and install it on a portable Device for the exclusive use of the person who is the primary user of the first copy of the Software Product A license for the Software Product may not be shared 2 DESCRIPTION OF OTHER RIGHTSAND LIMITATIONS Mandatory Activation You may not be able to exercise Your rights to the Software Product under this EULA unless You activate Your copy of the Software Product Subscription Limitations You may not be able to exercise your rights to the Software Product under this EULA if any associated subscription fees are not paid within the allowed limit set forth in the purchase agreement Copy Protection The Software Prod
12. their respective duly authorized representatives the day and year first set forth below Agreed to and Accepted By eCandidus Group Licensee Jose E Gonzalez Jr Assignee Date of Agreement Generated by Foxit PDF Creator Foxit Software http www foxitsoftware com For evaluation only Page 4 of 8 Attachment A END USER LICENSE AGREEMENT FOR eCandidus SOFTWARE IMPORTANT READ CAREFULLY This End User License Agreement EULA is a legal agreement between you either an individual person or a single legal entity who will be referred to in this EULA as You and eCandidus Group eCandidus for the software product that accompanies this EULA including any associated media printed materials and electronic documentation the Software Product The Software Product also includes any software updates add on components web services and or supplements that eCandidus may provide to you or make available to you after the date you obtain Your initial copy of the Software Product to the extent that such items are not accompanied by a separate license agreement or terms of use By installing copying downloading accessing or otherwise using the Software Product You agree to be bound by the terms of this EULA If you do not agree to the terms of this EULA do not install access or use the Software Product SOFTWARE PRODUCT LICENSE The Software Product is protected by intellectual property laws and treaties The Software Product is l
13. uct may include copy protection technology to prevent the unauthorized copying of the Software Product or may require original media for use of the Software Product on the Device It is illegal to make unauthorized copies of the Software Product or to circumvent any copy protection technology included in the Software Product Not for Resale Software If the Software Product is labeled Not For Resale or NFR then notwithstanding other sections of this EULA Your use of the Software Product is limited to use for demonstration test or evaluation purposes and You may not resell or otherwise transfer for value the Software Product Generated by Foxit PDF Creator Foxit Software http www foxitsoftware com For evaluation only Page 5 of 8 Limitations on Reverse Engineering Decompilation and Disassembly You may not reverse engineer decompile or disassemble the Software Product except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation Separation of Component Parts The Software Product is licensed as a single product Its component parts may not be separated for use on more than one Device unless expressly permitted by this EULA Trademarks This EULA does not grant You any rights in connection with any trademarks or service marks of eCandidus Group No rental leasing or commercial hosting You may not rent lease lend or provide commercial hosting services to third p
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