SOFTWARE
SUBSCRIPTION LICENSE AGREEMENT
This Software, “The Professor in a
Syllabus”, Subscription License Agreement is
made and effective for a period of four months, effective the date that
valid payment of $25 is received by Developer Vision
Alpha/Associates, from the Subscriber.*
Subscriber desires to access the Software
“The Professor in a Syllabus” at:
www.tpias.com
NOW, THEREFORE, in consideration of the mutual
promises set forth herein, Developer and Subscriber agree as follows:
1. Subscription
License.
Developer hereby grants to Subscriber,
non-exclusive, limited license to use the Software as set forth in this
Agreement.
2. Restrictions.
Subscriber shall not modify, copy, duplicate,
reproduce, license or sublicense the Software, or transfer or convey the
Software or any right in the Software to anyone else without the prior written
consent of Developer. Software, “The Professor in a Syllabus, may
only be accessed by the paid subscriber. ID/Passwords are not to be shared
under any circumstances.
3. Fee.
In consideration for the grant of the
subscription license and the use of the Software, Licensee agrees to pay
Developer the sum specified above.
4. Warranty of Title.
Developer hereby represents and warrants to
Licensee that Developer is the owner of the Software and has the right to grant
to Licensee the rights set forth in this Agreement.
5. Software Maintenance.
Standard maintenance. During the
Subscription Period, Developer shall make available to Licensee, via www.tpias.com,
any corrections to the Software as created by Developer. Such
enhancement shall include all modifications to the Software which increase the
speed, efficiency or ease of use of the Software.
6. Payment.
*Payment of the subscription fee shall be made
prior to use of the Software. Upon confirmed payment by the Developer, an
ID and Password will be issued to the subscriber. ID and Password will expire
after the subscription period. In the event of any default in payment by the
Subscriber, Developer may terminate Subscriber’s ID and Password and access to
“The Professor in a Syllabus”, without notice. The subscription fee is for the
full subscription period. There are no refunds or prorated fees as a
consequence of early termination or use by the Subscriber.
7. Limitation of
Liability.
Developer shall not be responsible for, and
shall not pay, any amount of incidental, consequential or other indirect
damages, whether based on lost revenue or otherwise. The Developer cannot
guarantee the ability of a subscriber to learn/master topics covered in the
software.
In no event shall Developer's liability
hereunder exceed the amount of subscription fees paid by Subscriber, regardless
of whether Subscriber 's claim is based on contract, tort, strict liability,
product liability or otherwise.
8. Notice.
Any notice required by this Agreement or given
in connection with it, shall be provided to the Subscriber by way of
Subscriber’s valid email address provided during the subscription registration.
9. Governing Law.
This Agreement shall be construed and enforced
in accordance with National/International Copyright laws.
10. No Assignment.
Neither this Agreement nor any interest in this
Agreement may be assigned by Licensee without the prior express written
approval of Developer.
11. Severability.
If any term of this Agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, then this
Agreement, including all of the remaining terms, will remain in full force and
effect as if such invalid or unenforceable term had never been included.
12. Intellectual Property Ownership.
Vision Alpha is the sole and exclusive owner
of all intellectual property rights in and to all aspects of the Site and any
information and materials provided through the Site, including, without
limitation, any related patents, copyrights, trade secrets, trade names,
trademarks, service marks, goodwill, and any other intellectual property rights
or intangible assets recognized under any laws or international conventions. Vision
Alpha may modify, disable, or delete the Site, its functions and/or Site
content, including User Submissions, at any time and for any reason without
prior notice but will honor any active subscription periods.
Payment of the Subscription fee confirms that
the registered Subscriber has read and accepts the terms of this agreement.