Pario Lite Limited License Agreement
Please read the following Pario Lite Limited License Agreement ("Pario Lite Agreement" or "Agreement") licensed by Hydro4GE, Inc. as the limited version of the product Pario, ("Pario Lite" or "Software"). The terms "Pario" and "Software" are also meant to include the Online Development Environment and any projects you create using the Online Development Environment.. By clicking on the "I AGREE" button, You are agreeing to be legally bound by these terms and conditions and, if You are acting as an authorized agent of a company, You agree that You are legally binding that company to these terms and conditions.
- The following terms and conditions govern all use of the Software. By "You" we mean the person or company, who will be licensed to use the Software. This Pario Lite Limited License Agreement is being made between You and Hydro4GE, Inc., a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania and having its principal office at 1936 Fifth Avenue, Pittsburgh, PA 15219. Hydro4GE is an authorized licensee of the Software, which was created and is owned by Software Engineering Associates ("SEA"). SEA is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania and has its principal office at 1 Export Lane, Archbald, PA 18503. Hydro4GE has the right to further license and make available the Software to You in the manner set forth in this Agreement. The Software is offered subject to your acceptance without modification of all of the terms and conditions contained herein.
Requirements for the Pario Lite Limited License Agreement
- The use of the Software is currently available to You as a special, limited license for free. As a part of the registration process and as an ongoing obligation, You must provide us with a current e-mail address. If your contact information changes, You must notify us of the change as soon as possible. You may use the form of the Software kept on the Hydro4GE servers and available to You for your limited use as described below without an initial charge or continuing fee. However, if You choose to upgrade to the paid version of Pario, You will be charged as described in that limited license agreement. At all times, You must continue to abide by the terms and conditions of this Agreement. Hydro4GE reserves the right at its sole discretion to deactivate your account and refuse You access to the Software.
- Although Hydro4GE currently intends for this limited license to be available to You for free, Hydro4GE reserves the right, at its sole discretion, to modify or replace any part of this Pario Lite Agreement in ways that might further limit your use of the Software. Hydro4GE must also reserve its right to discontinue its support of Pario altogether, including its availability should circumstances demand such a change. Hydro4GE in its sole discretion reserves the right to determine, if and when, such circumstances are present. Your continued use of or access to the Software following the posting of any changes to this Agreement constitutes acceptance of those changes. Hydro4GE may also, in the future, offer new services and/or features within the Software (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement, but may involve additional terms and conditions as well. If You take advantage of those new features or services, You are agreeing to any changes that have also been made to the revised Pario Lite Limited License Agreement.
- There may be limited technical support available to You. Such services, if any, may be available as described during the registration process or through a separate registration procedure. Hydro4GE reserves the right to modify or terminate the technical support available under the Pario Lite Agreement.
- Upon registering for the Pario Lite Limited License, You will receive a nonexclusive limited license to use the Software, so long as You abide by the terms and conditions of this Agreement. During your use of the Software, You may choose to convert your Pario Lite account to a paid account, which may have less limitations, greater or unlimited usage rights, and provide more expansive options or opportunities for customization. Upon such conversion and full payment of the fees due, You will have the expanded rights and usage as described in the limited license(s) associated with the upgraded product or products.
- You have the right to use the Software for the following limited purposes:
A) You are limited to the use of the Software for five projects owned by You and five projects shared with You, but owned by others.
B) You may not exceed 100 users across the five projects that you own, regardless of how many developers with whom you have shared it.
C) You may not customize the visual styling of your projects.
D) If Hydro4GE chooses to use advertising within the Software user experience, You may not make attempts to bypass or eliminate the advertising.
E) You may use this for personal use or for commercial use. However, consistent with our desire to offer this product for free, Hydro4GE reserves the right to set certain limitations, such as disk space, bandwidth, or other limitations that Hydro4GE chooses to apply at its sole discretion. Depending on your situation and the limitations involved, You may be able to convert to a paying account and receive an upgraded software package with certain upfront or monthly fees that would allow You greater freedom of usage.
F) As a licensee of this Pario Lite Limited License Agreement, You do not have the right to create an application using the Software and then sell access to that application.
- This Agreement does not transfer to You any intellectual property rights in the Software. SEA retains all of its rights, titles, and interest to the Software and its source code and Hydro4GE retains all of its rights as an authorized licensee of SEA.
- You will have access to the Software on our servers. You may not attempt to copy, alter, modify, decompile, disassemble, or reverse-engineer the Software or to discover its source code or any of its other inner workings.
- You may not use the Software to develop new software to be used in its intended role as a software developmental tool, as a runtime framework, or as a foundation for higher level tools or systems.
- You agree that You are receiving a nonexclusive, limited license and that You do not have the right to sell, assign, redistribute, rent, lease or share the Software, including any projects created by or shared with You, to any third parties. Hydro4GE may assign its rights under this Agreement without condition, so long as the party receiving the assignment agrees to abide by the terms of this Agreement.
- You agree not to use the Software in an illegal way or to conduct any business that is unlawful or that will infringe or violate the rights of any third parties. This includes, but is not limited to, loading illegal content into a generated application or the Software, attempting to hack or crack the system to gain unauthorized access, or performing denial-of-service or any other attack to prevent its availability for others.
- Hydro4GE and SEA have the right to update or modify the Software from time to time. However, Hydro4GE and SEA are under no obligation to update, modify, or fix the Software. Hydro4GE may choose to offer limited technical support as described in this Agreement or during the registration process. However, Hydro4GE is not obligated to provide technical support and can change or eliminate its support at any time except as expressly stated by Hydro4GE at the time of the registration process for the full, paid-up licenses or in a separate written document.
Disclaimer of Warranties and Limitations of Liabilities
- THE SOFTWARE IS PROVIDED "AS IS". HYDRO4GE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF PERFORMANCE, COURSE OF DEALING, OR TRADE USAGE. HYDRO4GE DOES NOT MAKE ANY WARRANTY THAT THE SOFTWARE WILL BE ERROR FREE, THAT THE ERRORS WILL BE FIXED, OR THAT SYSTEMS THAT USE THE SOFTWARE OR ARE CREATED USING THE SOFTWARE WILL BE ABLE TO RUN CONTINUOUSLY OR IN AN UNINTERRUPTED FASHION. HYDRO4GE DOES NOT MAKE ANY WARRANTY THAT THE SOFTWARE WILL BE ACCESSIBLE OR AVAILABLE IN AN UNINTERRUPTED OR CONTINUOUS FASHION. THESE EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND ARE INTEGRAL TO PROVIDING A FREE LIMITED LICENSE FOR THE USE OF THE SOFTWARE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
- IN NO EVENT WILL HYDRO4GE BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY, BREACH OF STATUTORY DUTY, INDEMNITY, OR CONTRIBUTION OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (I) ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; (IV) THEFT OR MISUSE OF ANY DATA THAT YOU USE OR STORE IN CONJUNCTION WITH YOUR PROJECTS, OR (V) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO HYDRO4GE UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. BECAUSE THIS IS A FREE LIMITED LICENSE, THIS MEANS THAT HYDRO4GE CANNOT BE LIABLE FOR ANY MONETARY DAMAGES. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Your Additional Representations, Warranties, and Indemnifications
- You represent and warrant that your use of the Software will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside).
- You agree to indemnify and hold harmless Hydro4GE, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Software, including but not limited to your violation of this Agreement.
- This Pario Lite Limited License Agreement constitutes the entire agreement between Hydro4GE and You concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Hydro4GE.
- Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the laws of the state of Pennsylvania, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Allegheny County, Pennsylvania.
- Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Scranton, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.
- If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- In the event of the termination of this Agreement for any reason, all provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- If You are accepting this Agreement on behalf of a company, You represent and warrant that You are authorized to legally bind the company and that the company shall abide by this Agreement.