AMPT End User License Agreement
Thanks for using AMPT. This End-User License Agreement ("EULA") is an agreement between LICENSEE (either an individual or a single entity) and GearFive, Inc. (dba “AMPT”) for the Ampt software product(s) (hereafter referred to as “SOFTWARE”). Installation or use of this software indicates your acceptance of these terms and conditions.
License. The rights granted by AMPT to Licensee to copy, install, use, access, display, run and/or otherwise interact with the Software for Licensee’s normal business purposes.
Software. All AMPT object code delivered or made available to Licensee, including any updates, upgrades, support and content (e.g., audio and visual information, documents) in the course of using the product covered by this EULA.
Warranty Period. Time, inclusive of all agreements, where Licensee is in good standing and is available to receive all benefits of this agreement.
Data. Information entered into, residing within or otherwise managed by the Licensee as part of its interaction with the Software.
Grant and Distribution
General. AMPT grants Licensee a License to the Software subject to any rights and limitations described in this License. This License is non-exclusive, non-perpetual, and is not transferable (unless specifically allowed). The ability to use the Software may be affected by minimum system requirements or other factors.
Distribution. Licensee may install, use, and execute the software on computers or other applicble devices owned or leased and used by Licensee, for the express purpose of supporting the activities of Licensee.
Limitations on Use. Licensee shall not rent, lease, lend, resell, or host to or for third parties any service or Software covered by this Agreement.
Term and Termination
Without prejudice to any other rights, the Licensor may terminate this EULA if Licensee fails to comply with the terms and conditions of this EULA. In such event, Licensee must destroy all copies of the Software and all of its component parts. The term of this EULA is defined as consistent and dependent on the continuing business relationship of the parties.
Reservation of Rights
Copyright. The Software is protected by copyright and other intellectual property laws and treaties. AMPT owns the title, copyright and other intellectual property rights in the Software. The Software is licensed, not sold. AMPT reserves all rights not expressly granted to Licensee in this EULA.
No Right to Re-engineer. Licensee may not reverse engineer, decompile, or disassemble the Software without prior written consent from AMPT.
Product Support Services
Rights and Obligations. Under this EULA, AMPT is responsible for providing working software and basic support services to support usage of the software. However, nothing in this EULA requires AMPT to provide support in a specific instance or through a specific media.
Disclaimer of Warranty
AMPT expressly disclaims any warranty of service beyond the purpose for which the software was created. The software and any related documentation are provided “as-is” and with all faults, without warranty beyond this stated purpose, either expressed or implied. Licensee bears the risk of using the Software and the entire risk arising out of use or performance of the Software remains with the Licensee.
If the Licensee performs modifications, extensions, or alterations to the underlying Software or its code base, AMPT provides no warranty of use.
In no event will AMPT, its affiliates, suppliers, or certificate authorities be liable to the Licensee for any loss, damages, claims or costs that exceed the fees paid by client to AMPT. AMPT is not responsible for any liabilities including any consequential, indirect or incidental damages, any lost profits or lost savings, any damages resulting from business interruption, personal injury or failure to meet any duty of care or claims by a third party, even if a AMPT representative has been advised of the possibility of such loss, damages, claims or costs.
By using this product Licensee acknowledges that Licensee has read this agreement, understands it, and agrees to be bound by its terms and conditions.
The laws of the State of Nebraska shall govern this agreement. Licensee may have additional consumer rights under Licensee’s local laws which this agreement cannot change. To the extent permitted under Licensee’s local laws, AMPT excludes the implied warranties of merchantability, fitness for a particular purpose, and non- infringement.
Intellectual Property Rights. AMPT does not sanction or approve the unauthorized use of content protected by copyright and other intellectual property rights. Licensee understands that sharing content that violates others’ copyrights and intellectual property rights violates this Agreement. Licensee represents and warrants that the use and publication of the content by Licensee and others does not violate the intellectual property rights of any third party. Licensee understands that AMPT may remove content at any time without notice when the content violates this Agreement or an applicable code of conduct, or when AMPT has a good faith reason to believe it is necessary to do so.
Posting Content. Licensee acknowledges that AMPT does not control or endorse the content that it and others post or provide in the Software. AMPT does not claim ownership of content that Licensee and others post or provide.
Ownership of Data. AMPT will not own any Licensee data. Licensee is solely responsible for maintaining and backing up any Licensee data that it uses with the Software. Licensee, not AMPT, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use such data. AMPT shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data that Licensee uses with the Software. AMPT shall have the right to collect and analyze data and other information relating to the provision, use and performance of Software, including, without limitation, anonymous and aggregated information submitted.
Third Party Software
Licensee acknowledges that the software does not cover third party software unless otherwise specified.
Interpretation of Conflicting Terms