PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE OR ACCESSING THE CLOUDIA OR CLOUDIA ASSISTANT WEBSITES. BY INSTALLING AND/OR USING THE SOFTWARE IN ANY WAY, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.
SOFTWARE LICENSE AGREEMENT
The intent of this Software License Agreement is to establish an agreement and understanding for both Insurance Digital Assistant (i.e., Cloudia) and Cloudia Assistant. Use of Cloudia and/or Cloudia Assistant (hereinafter "SOFTWARE") is contingent on your agreement to the following terms. For agreement purposes, the term "SOFTWARE" shall mean any and all installed software or web services downloaded or used from the http://www.cloudiaassistant.com
websites. This shall include, but not be limited to any Windows installed version of Cloudia, web based software such as Cloudia or Cloudia Assistant, and any plugins downloaded, viewed, installed, or utilized from the http://www.cloudiaassistant.com
websites or any website affiliated with the SOFTWARE.
1. GRANT OF LICENSE
CLOUDIA ASSISTANT (hereinafter "AUTHOR") grants you a limited, non-exclusive license to use the SOFTWARE. The SOFTWARE is licensed, not sold, to you for use only under the terms of this Agreement. This agreement is subject to change at any time and can be terminated at any time by either party for any reason.
Evaluation and Registration
This is not free software. Subject to the terms below, you are hereby licensed to use this SOFTWARE for evaluation purposes without charge for a period of fifteen (15) days. If you use this SOFTWARE after the 15-day evaluation period a registration fee or monthly service payment is required. If you happen to go over your fifteen (15) day evaluation period without realizing it, the SOFTWARE will not run and any and all data may become inaccessible. The registration fee and/or monthly service fee grants you the right to use this SOFTWARE for an unlimited time, and does not display any registration reminders. When payment is received, you will be sent your own personal registration code (where needed) or web service to the SOFTWARE will be enabled.
One registered copy of SOFTWARE may either be used by a single person who uses the SOFTWARE personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both. You may access the registered version of SOFTWARE through a network, provided that you have obtained individual licenses for the SOFTWARE covering all workstations that will access the SOFTWARE through the network. For instance, if 5 different workstations will access SOFTWARE on the network, each workstation must have its own SOFTWARE license, regardless of whether they use SOFTWARE at different times or concurrently.
Data Migration for Previous Versions
It is STRONGLY RECOMMENDED that you understand the migration process of data from previous Cloudia versions. The AUTHOR created a migration tool to assist in the migration of data from previous versions of the Windows version of Cloudia to the SOFTWARE. This migration process is ONE-DIRECTIONAL and there is no bi-directional synchronization between older versions of Cloudia and the SOFTWARE.
While every effort reasonable has been made to make the migration seamless, there is no guarantee that all data will migrate properly between the two versions. Specifically, you have been made aware that for each email communication record, only the first 400 characters of each email should migrate. Examples of data that will not migrate include, but are not limited to, template emails, automated emails, user settings, email inbox, and attachments.
2. SCOPE OF GRANT
You may not decompile, disassemble or otherwise reverse engineer the SOFTWARE, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the SOFTWARE. You may not modify, rent, or resell for profit this SOFTWARE, or create derivative works based upon this SOFTWARE without express written permission from the AUTHOR. You may not publicize or distribute any registration code algorithms, information, or registration codes used by this SOFTWARE without permission from the AUTHOR.
In no event shall the AUTHOR's liability exceed the purchase price of the SOFTWARE. Additionally, NO REFUNDS will be given after purchase of the SOFTWARE. You must utilize the 15-day evaluation period to decide if the SOFTWARE meets your needs and is compatible with your systems.
This SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
This SOFTWARE may not be distributed via on-line services, bulletin boards, other electronic media, CD-ROM, disk, or other physical media without the permission of the AUTHOR.
The license will terminate automatically and the SOFTWARE unregistered if you fail to comply with any of the above terms and conditions. The license may be terminated by either party at any time and without notice.
6. DISCLAIMER OF WARRANTY
THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The AUTHOR's utmost goal is to provide you with the absolute best software available. In this day and age of widespread Internet usage, privacy has become a major concern for everyone. We aim to be open and honest about what our software does, and how we use the information you provide when you browse our website, participate in our forums, and purchase/use our software.
8. Website & Forums
When you browse our website, download or utilize the SOFTWARE, or participate in our online forums, your IP address, the time and duration of your visit, the web browser you are using, and the pages you view are logged. This information is used to compile statistical reports about how you use our website and ultimately used to improve your browsing experience. If you choose to register for our forums, a valid email address and other information may be required. Our forums are moderated, and we reserve the right to remove any post we deem inappropriate, and any user account being used inappropriately. The purpose of our website and forums is to provide the best support possible to our valued customers.
9. Lead Data & Lead Data Storage
In some areas of service of the SOFTWARE (e.g., data sync customers and web based users), lead data may be stored and backed up on the AUTHOR's website or servers. No data is transmitted from Windows based Cloudia users that do not have a data sync account. The purpose of data storage is primarily for your recovery should you have a data loss for some reason.
Where the AUTHOR sells data to the user, the data is the property of the purchaser or purchasers of the lead data and the AUTHOR agrees to not have any right to the data without the data owner's consent other than statistical purposes. Examples of where you might provide consent to lead data would include your voluntary participation in the lead redistribution service.
Where data has been purchased by more than one party, it is the responsibility of you to disseminate data to other parties. The AUTHOR is not responsible for dissemination or exporting data to you or anyone. Where the SOFTWARE is licensed through an entity (including but not limited to agencies or companies) or where your license is part of a hierarchy of an entity, the hierarchy of that entity may have access to lead data.
By use of the SOFTWARE, you understand that backup files of data stored by the AUTHOR may not be or ARE NOT compatible with other competitor products. In some cases, you may be equipped with an export feature to be able to download data. You understand and agree that this feature is currently limited to only the data on the primary of a lead, and does not include any sub-record data. Examples of sub-record data include, but are not limited to, communication history, appointments, emails, automated emails, settings, spouse and children sub records, attachments, and any other data not found in the export file.
Under no circumstances is the AUTHOR responsible for any lost data of any type. It is your sole responsibility for backup storage of your data and sub-record data. To this end, you understand and agree that the SOFTWARE has been equipped with the ability to print data and sub-record data and in some cases, export features are available.
10. Registered Version of Software
If you choose to purchase Cloudia, some personal information is required to complete the purchase. Things like your name/company, address, and billing information like your credit card number is collected. Your billing information is only used to complete the sale, and is NOT stored in any database. All methods of purchase are SSL encrypted and detailed information can be obtained from the website at time of purchase. Your personal information is securely stored, and is never given out to anyone, or used by us for anything other than a purchase record.
We aim to keep your information safe. Credit card fraud, identity theft and software piracy will not be tolerated. We may release any information necessary to comply with the law, protect our software licenses, and foremost to protect our valued customers. We will also work with law enforcement and fraud/credit agencies to ensure the safety of your information.
12. Privacy Requirements of the User
You agree that there may be Federal, State, or other privacy laws with which you are required to comply. An example of these privacy requirements would be the Health Insurance Portability and Accountability Act (HIPAA). It is your responsibility to research, be knowledgeable of, and comply with any and all privacy laws regarding storage of personal information or any other privacy concerns. The AUTHOR shall not be responsible for your actions.
13. Do Not Call, Anti-Spamming, and Opt Out Lists
The SOFTWARE is a client relationship management tool and is not to be used to violate any Do Not Call (DNC) or Anti-Spamming regulations. By accepting this agreement, you acknowledge that it is your responsibility to research, be knowledgeable of, and comply with any DNC or Anti-Spamming laws. The AUTHOR shall not be responsible for your actions.