Suma Plugin

This is the software license agreement which accompanies the purchase of Suma licenses.  It can also be found in the Suma product package itself.

Suma Software Product License Agreement

Last Updated November 14, 2009

1. GENERAL

Notice to user:

This License Agreement is a CONTRACT between you (either an individual or a single entity) and CamacIT LLC (CamacIT) which covers your use of the Suma Subscription and Payment Management plugin (Suma) software product (Product) that accompanies this License Agreement and covers your use of its related software components, associated media, printed materials, and “online” or electronic documentation. All such software and materials are referred to herein as the “Software Product.”

Throughout this License Agreement, CamacIT refers to CamacIT LLC which is a legally incorporated company in the United States of America in the beautiful state of Oregon. A software license, issued to a designated user only by CamacIT or its authorized agents, is required for each user of the Software Product. If you do not agree to the terms of this License Agreement, then do not install or use the Software Product or the Software Product License. By explicitly accepting this License Agreement, however, or by installing, copying, downloading, accessing, or otherwise using the Software Product and/or Software Product License, you are acknowledging and agreeing to be bound by the following terms.

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY CamacIT TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.

USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.

This license is for one (1) Installation on one (1) Computer/Server/IP. Each license of the Software Product may additionally have limits imposed on the features and/or its use. These will be presented to you during your purchase of the Software Product and/or in other documentation and forms part of this contract / License Agreement.

If you have purchased a license to the Suma Software Product in conjunction with any other product(s) then you will also be bound by any and all licenses, restrictions, agreements, License Agreement’s, and/or contracts for the other product(s).

2. GRANT OF NON-EXCLUSIVE LICENSE

(a) Software Product License. The Software Product License, which is issued to a designated user, enables such designated user to use a single instance of the Software Product on a single computer system. Each user on a multi-user computer system who uses the Software Product requires an additional Software Product License. You may not modify or create derivative copies of the Software Product License.

(b) Grant of License. Subject to a validly issued Software Product License, CamacIT grants to you the non-exclusive, non-transferable right for you to use the Software Product on a single computer running a validly licensed copy of the operating system for which the Software Product was designed. You may not modify or create derivative copies of the Software Product. All rights not expressly granted to you are retained by CamacIT.

(c) Backup Copy: Software Product. You may make copies of Software Product as reasonably necessary for the use authorized above, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.

(d) Backup Copy: Software Product License. You may install each Software Product License on a single computer system and make copies of the Software Product License as necessary only for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product License.

3. INTELLECTUAL PROPERTY RIGHTS RESERVED BY CamacIT

The Software Product is protected by U.S. and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove or alter any copyright notices on any copies of the Software Product. This Software Product copy is licensed, not sold. Furthermore, this License Agreement does not grant you any rights in connection with any trademarks or service marks of CamacIT. CamacIT reserves all intellectual property rights, including copyrights and trademark rights.

4. NO RIGHT TO TRANSFER

You may not rent, lease, lend, sub-lease, or in any way distribute or transfer any rights in this License Agreement or the Software Product to third parties without the express written approval from CamacIT and subject to written agreement by the recipient of the terms of this License Agreement.

5. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY

You may not reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the Software Product or Software Product License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

6. SUPPORT SERVICES

CamacIT may provide you with support services related to the Software Product. Use of any such support services is governed by the CamacIT and/or Suma polices and programs described in “online” documentation and/or other materials provided by CamacIT. Use of any such support services and/or any supplemental software code or related materials that CamacIT provides to you as part of the support services is to be considered part of the Software Product and is subject to the terms and conditions of this License Agreement.

With respect to any technical information you provide to CamacIT as part of the support services, we may use such information for our business purposes without restriction, including for product support, marketing, development and/or any other purpose as deemed reasonable by CamacIT. CamacIT will not use such technical information in a form that personally identifies you.

CamacIT reserves the right to charge you for any and all support requests that CamacIT and/or its authorized agents deem to be excessive or a misuse of the support services provided to you under this License Agreement. CamacIT and its authorized agents will be the sole judge in what is deemed an excessive or a misuse of the support services, and any and all associated charges and fees.

Abuse and/or threatening behaviour towards any CamacIT employee and/or authorized agent during the course of any support services provided to you by CamacIT will not be tolerated and CamacIT reserves the right to terminate this License Agreement under clause eleven (11) below.

7. FURTHER RESTRICTIONS IMPOSED BY THIS LICENSE AGREEMENT

By accepting the conditions of this License Agreement as defined in clause one (1) above, you agree and understand that:

a) You may not offer or sell a hosting solution that includes a Suma software license and/or provide hosting with the sole intent that users would use it to host a Suma software installation without explicit written approval from CamacIT. Your right to sell hosting where users install or use a Suma installation in due course is not affected.

b) You may not market any hosting solution as including or being suitable for Suma and/or any Suma component(s) without explicit written permission from CamacIT.

8. NO WARRANTIES

YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE “AS IS”, AND CamacIT (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CamacIT (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO,  IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

9. LIMITATION OF LIABILITY

THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL CamacIT (OR ITS THIRD PARTY SUPPLIERS AND LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL,  INCIDENTAL,  INDIRECT,  OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS LICENSE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF CamacIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, CamacIT (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) ENTIRE LIABILITY ARISING OUT OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00.

10. GOVERNING LAW; ENTIRE AGREEMENT

This License Agreement is governed by the laws of the beautiful State of Oregon U.S.A., excluding the application of its conflict of law rules. The United Nations Convention for the International Sale of Goods shall not apply. This License Agreement is the entire agreement between us and supersedes any other communications or advertising with respect to the Software Product.

11. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS

CamacIT may terminate this License Agreement if you fail to comply with any clause, term orcondition of this License Agreement. In such event, Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License. In the event this License Agreement is terminated under this clause eleven (11), CamacIT is under no obligation to refund you in whole or in part any fees paid to CamacIT previously or in the future.

No discussion will be entertained by CamacIT and/or its authorized agents in the event this License Agreement is terminated under this clause eleven (11).

12. UPDATES TO THIS LICENSE AGREEMENT

CamacIT reserves the right to update and modify this License Agreement at any time and such changes will take affect fifteen (15) calendar days from the date they are published. Notification of changes and updates will be posted at the CamacIT website, located at: http://www.camacit.com. It is the users responsibilty to check the CamacIT website for any License Agreement updates on a regular basis. In the event you disagree with the updated License Agreement, you must notify CamacIT within fifteen (15) days, and this License Agreement will be terminated as detailed in clause eleven (11) above. If you do not notify CamacIT within fifteen (15) days after the notification of an updated License Agreement is posted, you are acknowledging and agreeing to be bound by the updated version of this License Agreement.

This publication of the Suma License Agreement is correct at time of writing (12 September 2008).

13. CONTACT INFORMATION

If you have any questions about this License Agreement, or if you want to contact CamacIT, LLC. for any reason, please direct all correspondence to:

CamacIT, LLC.
PO Box 506
Lafayette. OR 97127
USA

or email: info@camacit.com