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Home > DySE™ CronJob Service> Service Agreement |
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Home > DySE™ CronJob Service> Service Agreement |
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NOTE TO USER: THIS IS A CONTRACT.
Read the Service Agreement below carefully before registering for the CronJob Service (defined below). By registering for the CronJob Service, you accept the terms of the Service Agreement.
If you do not agree with the terms and conditions of this Service Agreement, do not register for the CronJob Service.
Service Agreement
updated: 2005-May-31
This Service Agreement (sometimes referred to below as "Service Agreement") constitutes an agreement between Cusimano.Com Corporation (sometimes referred to as "CusCom" or "We") and the person or legal entity who has legally registered for the CronJob Service (as defined and provided below) from Cusimano.Com Corporation (as defined below) (referred to as "You" or "you").
In this Service Agreement the following terms have the following meanings:
(a) "CronJob Service" means the service from CusCom known as DySE™ CronJob Service which includes the automated internet service of executing Make.pl at the Website once during the Specified Period offered by CusCom to licensed users of CusCom's software scripts forming part of CusCom's family of script software commonly known as "DySE™" based scripts.
(b) "DySE™ Script" means any of the scripts offered by CusCom listed at the URL www.c3scripts.com/dyse for which You have obtained a valid licence from CusCom pursuant to the licence agreement for the particular DySE™ script.
(c) "Make.pl" means the portion of the DySE™ Script known as "make.pl" that is installed on Website server and accessible from the URL of the Website as required by the instructions for the particular DySE™ Script.
(d) "Service Request Page" means www.c3scripts.com/dyse/cronjob
(e) "Specified Period" means the time period that You specified at the Service Request Page at the time of registering for the CronJob Service.
(f) "Website" means the website located at the URL domain provided by You to CusCom when registering for the CronJob Service.
1. CronJob Service:
(a) CusCom agrees to provide to You:
- the CronJob Service to your Website at no charge to You.
(b) You agree as follows:
- You authorize CusCom to access the Website during the Specified Period and remotely execute Make.pl on your Website.
- You shall notify CusCom of any change in the URL address of Website by completing the support form at the Service Request Page;
2. Representations and Acknowledgments
(a) You represent:
- the Website refers to a website that has installed on it a DySE™ Script
(b) You acknowledge that:
- the CronJob Service is an automated service provided by CusCom and as such there is no manual or automated verification that the CronJob Service completed it's function when accessing the Website and executing Make.pl.
- the CronJob Service may not perform its function at the same time, or where applicable, on the same day, during Specified Period.
- upon the CronJob Service executing Make.pl, some or all of the web pages forming the online store generated by the DySE™ Script will not be accessible until Make.pl has completed its function.
- the CronJob Service may be unable to access the Website or execute Make.pl to perform the CronJob Service during the Specified Period as a result of any reason including without limitation: (i) Website server not working; (ii) the CusCom server unable to access the Website server; (iii) Make.pl not functioning; (iv) DySE™ Script at the Website not functioning
- in the event that upon the CronJob Service executing Make.pl at the Website and Make.pl not being able to complete its function for whatever reason, the Website may not be in a usable state for access by the general public or may no longer display the intended results.
- CusCom is not required to provide any support for the CronJob Service, however, CusCom may in its sole discretion offer assistance via email or through a discussion board designated by CusCom from time to time.
3. Restrictions on Use and Termination
(a) You may not utilize the CronJob Service for any purpose other than as permitted by this Agreement.
(b) The CronJob Service provide to You by this Service Agreement is effective until terminated. You may terminate the CronJob Service at any time by completing the form at the Service Request Page. CusCom may terminate the CronJob Service to You: (i) immediately if you violate any part of this Agreement, (ii) immediately if you violate any part of any other agreement between you and CusCom; (iii) immediately upon giving You notice sent by email to the email address that You provided at the time of registering for the CronJob Service or at any other email that CusCom has on record of You whether or not the email address is functioning, or (v) as otherwise provided in this Service Agreement. This CronJob Service shall automatically terminate: (i) if you are not or are no longer using a DySE™ script at the Website URL. Upon termination of the CronJob Service as provided in this Service Agreement, CusCom shall no longer have any obligation to You under this Service Agreement.
4. Limitation of Warranties & Liability
(a) The CronJob Service is provided "as-is". CusCom makes no warranty or representation, promise or guarantee, express or implied with respect to the CronJob Service including non-infringement of third party rights, quality, performance, merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, CusCom does not and cannot warrant the performance or results that you may obtain by using the CronJob Service.
(b) You assume the entire risk as to the performance of the CronJob Service. In developing the CronJob Service, CusCom has attempted to ensure that the CronJob Service performs its function when it is used in accordance with any instructions provided by CusCom at the Service Request Page or as may be provided to You from time to time. Nonetheless, errors can occur and/or the server where the Website is located may not be accessible or functioning properly or the Make.pl may not be functioning properly so as to render the CronJob Service unable to perform its function. In the event that the CronJob is not able to perform its function for whatever reason, CusCom may immediately terminate the CronJob Service without any further obligation to you upon giving you notice sent by email to the email address that CusCom has on record of You. CusCom does not warrant that the CronJob Service is free from bugs, errors or other limitations.
(c) In no event shall CusCom be liable for any indirect, special, incidental, economic, or consequential damages arising out of the use of or inability to use the CronJob Service, even if advised of the possibility of such damages. In the event any liability is imposed on CusCom, the liability of CusCom to you or any third party shall not exceed the purchase price, if any, that You paid to use the CronJob Service.
(d) THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 4 SHALL (I) APPLY IRRESPECTIVE OF THE CAUSE OF ACTION INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, BREACH OF A FUNDAMENTAL CONDITION OR TERM, FUNDAMENTAL BREACH, OR ANY OTHER LEGAL THEORY; AND (II) SURVIVE A FUNDAMENTAL BREACH.
(e) Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, and in such a case, those particular limitations may not apply to you.
5. Notice of Copyright, and Trademarks
All trademarks and registered trademarks are the property of their respective owners. The CronJob Service is owned by CusCom, and its structure, organization and code are the valuable trade secrets of CusCom. The CronJob is also protected by Canadian Copyright law and International Treaty Provisions. All rights are reserved by CusCom.
6. Governing Law and General Provisions
This Service Agreement will be governed by the provincial laws of the Province of Ontario and the federal laws of Canada excluding the application of its conflicts of law rules. This Service Agreement constitutes the entire agreement between you and CusCom. There are no warranties, representations or other agreements between you and Cusimano.Com Corporation in connection with the subject matter of this Service Agreement, except as indicated herein. No representation or warranty not set forth herein has been made or relied upon by you as an inducement to the entering into this Service Agreement. The headings used in this Service Agreement are for convenience only and shall not affect the interpretation. The rights and remedies conferred upon CusCom under this Service Agreement shall not be deemed exclusive but shall be cumulative and in addition to all other rights and remedies of CusCom existing at law or in equity. If any provision in this Service Agreement is determined to be void, invalid, or unenforceable, in whole or in part, by a Court of competent jurisdiction for any reason, it shall not be deemed to affect or impair the validity or enforceability of any other provision of this Service Agreement and such unenforceable provision or part thereof as the case may be shall be treated as severable from this agreement.
7. Amendments
CusCom reserves the right to change any of the terms and conditions of this Service Agreement at any time by sending to You a notice by email to the email address that You have provided to CusCom. You are responsible for complying with any changes to the Service Agreement within 10 calendar days from the date the the e-mail notice is sent to You. If You do not agree with any changes, then your only recourse is to terminate the Service Agreement in accordance with section 3 herein.