Abacus IO LLC’s products, software, services and web sites contain copyrighted material that may only be used as stated in the Abacus IO LLC End Users License Agreement (EULA). Any unauthorized use may be a violation of law.
ABACUS IO LLC END USER LICENSE AGREEMENT
Your use of Abacus IO LLC’s products, software, services, web sites and related documentation (referred to collectively as the “Services” in this document and excluding any services provided to you by Abacus IO LLC under a separate written agreement) constitutes your agreement to the following terms and conditions and rules and regulations that may be promulgated from time to time. If you do not agree to be legally bound, Abacus IO LLC will not permit you to use or access the Services. Abacus IO LLC’s products, software, services and web sites contain copyrighted material that may only be used as stated in the Abacus IO LLC End Users License Agreement (EULA). Any unauthorized use may be a violation of law.
1. Grant of License. Abacus IO LLC grants to Licensee, and Licensee accepts, a non-exclusive, non-transferable license, to use for only Licensee's business purposes, the information in the Services, this web site, the software and related documentation. The license shall only be effective while Licensee is a member in good standing of Abacus IO LLC. Except for the license rights mentioned in this Paragraph, no right, title or interest in the Services is granted to Licensee. Licensee will not itself, or through any parent, subsidiary, affiliate, agent, or other third party ("Related Entities") reproduce, distribute, modify, translate, decompile, disassemble, reverse engineer or transmit in any form or by any means any part of the Services. Further Licensee and/or Related Entities will not sell, lease, license, sublicense, or market the Services.
2. Proprietary Rights. Licensee acknowledges that the Services are confidential and contains trade secret information that is the exclusive property of Abacus IO LLC.
3. The Services. The Services contain information about plans, bidders and other matters that may be of interest to members of Abacus IO LLC. Efforts have been made to assure the accuracy of the information reported, but Abacus IO LLC provides no warranty, expressed or implied, that any of the information is accurate. The actual plans and specifications that are maintained at Abacus IO LLC are the best source of information for projects.
4. Copyright Laws. The United States Copyright laws prohibit the distribution or copying of copyrighted works without proper authorization. Abacus IO LLC will not tolerate any use of the Services that in any way violates the United States Copyright laws. Licensee must report to Abacus IO LLC any use of the Services that may constitute copyright infringement. If Abacus IO LLC, in its sole discretion, determines that any material has been added to the Services in violation of the copyright laws, Abacus IO LLC will delete that material. Anyone who adds unlawful material to the Services shall indemnify, defend and hold Abacus IO LLC harmless from any and all resulting claims and/or liability (including the payment of litigation costs and attorney fees).
5. Limitation of Liability. Licensee agrees that Abacus IO LLC is not an insurer and shall have no liability arising out of the use or operation of the Services and/or any information generated thereby. In no event shall Abacus IO LLC's total liability for any claim arising out of or under this Agreement, or the use and/or operation of the Services, regardless of the cause of action, exceed the annual membership fee.
6. NO CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL ABACUS IO LLC BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF ABACUS IO LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnity. Licensee agrees to indemnify, defend and hold harmless Abacus IO LLC, its members, managers, employees, and agents from any damages, losses, costs or expenses (including the payment of litigation costs and attorney fees) that arise from Licensee's use and/or operation of the Services.
8. Warranty. Licensee agrees that the Services are provided as is and without warranty and that Abacus IO LLC makes no representations regarding the completeness or accuracy of the Services or any information provided by the Services. Abacus IO LLC expressly disclaims any implied warranties of merchantability or fitness for a particular purpose.
9. Access. Abacus IO LLC reserves the right to control and/or limit access to the Services in its sole discretion. Access may be denied at any time. Access may be denied to any individual who makes use of the Services for an inappropriate purpose, in violation of this Agreement, or who, in the sole discretion of Abacus IO LLC, uses inappropriate, obscene, abrasive, or otherwise questionable language in connection with the Services.
10. Content Control. Abacus IO LLC reserves the right to monitor in its sole discretion all information contained in or used in connection with the Services and to delete or edit any file, program or message that contains inappropriate, obscene, abrasive or otherwise questionable language. However, Abacus IO LLC is not required to monitor the information.
11. Governing Law. This Agreement shall be governed by the laws of the State of North Carolina without regard to choice of law rules. The United Nations Convention on the International Sale of Goods shall not apply.
12. Export Controls. Licensee agrees and certifies that neither the Services, nor any other technical data received from Abacus IO LLC, nor the direct product thereof, will be exported or re-exported outside the United States except as authorized and as permitted by the laws and regulations of the United States.
13. Assignment. This Agreement may not be assigned by Licensee without the express written permission of Abacus IO LLC.
14. Termination. Abacus IO LLC reserves the right to terminate Licensee's rights to use the Services at any time if Licensee violates the terms of this Agreement. Either Licensor or Licensee may terminate this Agreement without cause. Upon termination of this Agreement Licensee shall cease all use of the Services and shall destroy all user names and/or passwords.
Abacus IO LLC
287 Grandview Peaks Drive
Nebo, NC 28761
www.abacusio.com
tos@abacusio.com