End User License Agreement

CentricMinds Convurge End User License Agreement (EULA)

This End User License Agreement ("EULA") is a legal agreement between you (an individual) or the entity (the organisation) and CentricMinds. Please read and accept the following terms and conditions relating to the downloading and installation of the CentricMinds Convurge software. The following information outlines the terms of the license to install and use the software and contains warranty and liability disclaimers.

By installing the CentricMinds Convurge software, you are confirming acceptance of the software to be installed on your hardware, and will be bound by the terms and conditions of this agreement.

If you do not agree to be bound by the terms and conditions of this agreement, then you should not proceed with the downloading and installation of the CentricMinds Convurge software.

Grant of License Use

• CentricMinds grants you the right to install the software on a single web server, a desktop computer or a single laptop computer that runs a supported Operating System. This right does not extend to installing the software on multiple web servers, multiple desktop computers and/or multiple laptop computers. You may not share, install and run the software concurrently on different web servers, different desktop computers and/or different laptop computers.
• Your use of the software under this EULA is non-exclusive, and your agreement to the terms and conditions are bound under this non-exclusive agreement.
• You agree to allow CentricMinds to audit your use of our software installed within your environment. In the event of an audit process being conducted, and that it is revealed that the use or employment of the software breaches the terms and conditions of the agreement, you agree to reimburse CentricMinds for any expenses incurred with performing the audit, and any further costs relating to liabilities that may arise due to your non-compliance to the terms and conditions of the agreement.

License Restrictions

• You may not make copies or re-distribute the software by any electronic means, whether by email, over a network, FTP download or removable media such as CD-ROM, DVD-ROM or Flash memory.
• You may not modify, merge, adapt or translate the software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a reusable form for use within creating derivative works based on the concept of the software and its design.
• You do not have the right to sell, rent, lease or sublicense the software.
• You do not have the right to use the software as a basis for developing other technology or software that reflects the primary function of the software, including but not limited to using the software in and development environment or testing procedure that seeks to develop similar technology or software that reflects and performs in a similar design capacity and manner as the software.
• In the event you fail to comply with this EULA, CentricMinds may automatically terminate your use and employment of the software license, and you agree to destroy all copies of the software.

Intellectual Property Ownership

• This EULA grants you limited use of the software license. CentricMinds retains all intellectual property and ownership rights including title, interest, copyright and trademarks in the software and all copies thereof. All rights not specifically granted in this EULA, including State, Federal and International Copyright Laws, are reserved by CentricMinds and its suppliers.

Product WarrantyCentricMinds warrants the software is free and clear of all liens and encumbrances. CentricMinds further warrants the software to be free from defects in production under normal use. All repairs to the software will be covered by this warranty under the condition of sale to you, and will be carried out by CentricMinds. There is no warranty afforded to you under the condition of software evaluation.

Misuse of ProductAny tampering, misuse or negligence in handling or use of the software voids CentricMinds from any liability. Further, CentricMinds is void of any liability, at any time, should you or anyone within your organisation attempt to make any internal changes to any of the components of the software; if at any time the power supplied to any part of the software exceeds the rated tolerance of the hardware; if any external device attached by the you or anyone within your organisation creates conditions exceeding the tolerance of the software; or if at any time the serial is removed or defaced, OPERATION OF THE SOFTWARE THAT RENDERS THE WARRANTY AND LIABILITY VOICE WILL BE DEFINED TO INLCLUDE ALL OF THE POSSIBILITIES DESCRIBED IN THIS PARAGRAPH, TOGETHER WITH ANY PRACTICE WHICH RESULTS IN CONDITIONS EXCEEDING THE DESIGN TOLERANCE OF THE SOFTWARE.

Limitation of Liability

• CentricMinds will not be liable to you or your organisation, or any third party involved with the installation of the software, for any indirect, incidental, punitive or consequential damages (including but not limited to, damages for the inability to use equipment or access organizational data and information, loss of business or trade, loss of profits, business interruption, cessation of business productivity or the like), as a result of the use of this software, or inability to use, the software and based on any theory of liability including breach of the terms and conditions of this EULA, breach of warranty as a result of sale, tort (including negligence), product liability or otherwise, even in the event CentricMinds or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed its common and original purpose.
• CentricMinds total liability to you or your organisation for actual damages for any cause whatsoever will be limited to the total sum of US$100 under this EULA. The foregoing limitations on liability are intended to apply to all aspects of this EULA.

The use of 3rd party software
CentricMinds software relies on third party software, such as Web Application Server software, and a supported Database in order to function. You should consult the End User License Agreements for these required 3rd party software applications. By accepting the CentricMinds EULA, you are also accepting that CentricMinds is void of any terms and conditions enforced by these 3rd party software vendors, set forth therein.