By accessing DaySmart software remotely through the DaySmart app you agree to all the terms and conditions of the following DaySmart license agreement:
Software License: “Software Service” refers to items written by DaySmart Software, Inc. (the “Licensor“), including, but not limited to the following software and hosted services: 123 Pet Care®, Orchid Medical Spa Software®, 123Pet Software®, and InkBook Software®, and any documentation, and/or all other files included in the Software Service package licensed to You. “You” or “Licensee” means the natural person or the entity that is agreeing to be bound by this agreement, and any employees and third party contractors that provide services to You. You shall be liable for any failure by such employees and third party contractors to comply with the terms of this agreement.
2. LICENSE. In consideration of payment of the license subscription fee for the use of the Software Service, You may use the Software Service in accordance with the following:
•each registered user at Your location may use the Software Service on any single device at a time;
•use the DaySmart Service, Inc. hosted Software Service for data input, backup, and storage.
Rights not expressly granted by this section are reserved to DaySmart Software, Inc.
3. RESTRICTIONS ON USE. You may not:
•permit other individuals to use the Software Service except under the terms listed herein;
•modify, translate, reverse engineer, de-compile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Software Service;
•attempt to gain unauthorized access to the hosted services, cloud or related DaySmart Software, Inc. systems or networks;
•use the Software Service or other DaySmart Software, Inc. hosted services or cloud in any manner that is not in accordance with applicable documentation and all applicable laws and government regulations;
•rent, lease, grant a security interest in or otherwise transfer rights to the Software Service; nor
•remove any proprietary notices or labels displayed in the Software Service or on its output.
4. OWNERSHIP. Title, ownership rights, and intellectual property rights in the Software Service shall remain in DaySmart Software, Inc. The Software Service is protected by copyright laws and treaties. Title and related rights in the content which may accessed through the Software Service or hosted services is the property of the applicable content owner and may be protected by law. This license gives You no rights to such content except for Your data that You upload and store.
5. TERM. The Software Service and related hosted services are delivered electronically via a secure web site, and delivery is deemed complete when the Software Service is first made available to You. The license is effective until terminated. You may terminate the license at any time by canceling payment renewal of the Software Service license subscription fee. The license will terminate automatically if You fail to comply with the limitations described in this agreement or You fail to pay the license fee. For example, if You make modifications to the Software Service or a regularly scheduled subscription fee is not paid by the due date, the terms of this agreement are violated and this license shall be terminated immediately.
6. DISCLAIMER. The Software Service is provided “as is” and without warranty of any kind. No dealer, agent or employee of DaySmart Software, Inc. is authorized to make any warranty regarding the Software Service. DAYSMART SOFTWARE, INC. AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE SERVICE. THE LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO ANY OTHER MATTERS, INCLUDING NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR MERCHANTABILITY, FITNESS OR SATISFACTORY QUALITY FOR ANY PARTICULAR PURPOSE. THE TERMS OF THIS SECTION SURVIVE THE TERMINATION OF THIS AGREEMENT IRRESPECTIVE OF THE CAUSE OF THE TERMINATION, BUT DO NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE SERVICE AFTER TERMINATION OF THE AGREEMENT.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE SHALL DAYSMART SOFTWARE, INC. OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL DAYSMART SOFTWARE, INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT DAYSMART SOFTWARE, INC. RECEIVED FROM YOU FOR A LICENSE TO USE THE SOFTWARE SERVICE, EVEN IF DAYSMART SOFTWARE, INC. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. DAYSMART SOFTWARE, INC. AND ALL OTHER PARTIES INVOLVED IN THE DEVELOPMENT OF THE SOFTWARE SERVICE ARE NOT RESPONSIBLE FOR ANY ERRORS, AND/OR FINANCIAL LOSSES, AND/OR PROBLEMS, AND/OR LOSS OF CLIENTS, AND/OR LOSS OF INFORMATION AND/OR DIFFICULTIES THE USERS OF THE SOFTWARE SERVICE MAY EXPERIENCE AS A RESULT OF ITS USE. ALL CALCULATIONS THE SOFTWARE SERVICE PERFORMS (INCLUDING, BUT NOT LIMITED TO CALCULATIONS RELATING TO TICKET/SALES INFORMATION, AND/OR TAXES, AND/OR CLIENTS, AND/OR TOTALS, AND/OR SERVICES, AND/OR PRODUCTS, ARE FOR REFERENCE ONLY. ALL CALCULATIONS SHOULD BE PERFORMED AND VERIFIED BY MEANS INDEPENDENT OF THE SOFTWARE SERVICE.
You assume full responsibility for the selection and suitability of the Software Service, for its use, and for the results obtained from the Software Service program.
8. PRODUCT SUPPORT. Although DaySmart Software, Inc. intends to provide advisory support to customers following delivery of the Software Service and license, the Licensor is not obligated to provide such support and customers and/or any other users of the Software Service are not guaranteed such support.