ITNEO is a market leader in business management technology, providing comprehensive business solutions through software, services and support.
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These terms are an agreement between ITNEO, Inc., a Texas Corporation, Thomas Crum d/b/a ITNEO, Thomas Crum, or any one of their affiliates (hereinafter "ITNEO") and you. Please read them. These terms apply to all ITNEO products and services (defined as broadly as possible), including, but not limited to professional services, consulting, goods, products, services, updates, supplements, Internet-based services, and support services (hereinafter "SOFTWARE"), unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO ITNEO FOR A REFUND OR CREDIT. YOU ACKNOWLEDGE THAT YOUR COST FOR THE SOFTWARE IS BASED IN PART ON THESE TERMS AND LIMITATIONS.
ENTIRE AGREEMENT. This agreement (including the warranty below), any addendum or amendment included with the software, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software.
APPLICABLE LAW. Texas state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.
LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM ITNEO ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE PARTICULAR SOFTWARE.YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. PARTICULAR SOFTWARE IS LIMITED.
Another example would be if ITNEO provided you with a newly installed breaker box, and it was later determined that a faulty fuse in the breaker box caused you direct damages, you can only recover the amount up to and including the cost of the particular faulty part, which in this case was a faulty fuse, and not the newly installed breaker box as a whole, EVEN IF YOU PAID FOR THE NEWLY INSTALLED BREAKER BOX AS A COMPLETE PACKAGE.
Another example would be if ITNEO provided you with a discounted 3-year term services contract and during the contracted term ITNEO for whatever reason was unable to perform for a period of 14 days and caused you direct damages, you can only recover the discounted pro rata amount up to and including the cost of the particular period that ITNEO failed to perform, which in this case was 14 days, and not the entire term as a whole, EVEN IF YOU PAID FOR THE SERICE CONTRACT AS A COMPLETE PACKAGE.
This limitation applies to anything related to the software, including source code, or third party programs; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if repair, replacement or a refund for the software does not fully compensate you for any losses; or ITNEO knew or should have known about the possibility of the damages.
TERM OF LIMITED WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER INITIAL DELIVERY TO YOU. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. THIS LIMITED WARRANTY IS NOT TRANSFERABLE.
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY.
EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), any compliance with your designs or specifications, even if ITNEO provided the designs or specifications, the acts of others, or events beyond ITNEO's reasonable control.
REMEDY FOR BREACH OF WARRANTY. ITNEO WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF ITNEO CANNOT REPAIR OR REPLACE IT, ITNEO WILL REFUND THE AMOUNT PAID FOR THE PARTICULAR SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF ITNEO CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL AND STOP USING THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO ITNEO WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM ITNEO. ITNEO GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. ITNEO EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
INDEMNIFICATION. OTHER THAN THE REMEDIES DESCRIBED ABOVE, ITNEO SHALL IN NO WAY, SHAPE, OR FORM BE HELD LIABLE FOR ANY REASONS DUE TO YOUR USE OF THE SOFTWARE AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ITNEO AGAINST ANY LEGAL ACTION (DEFINED AS BROADLY AS POSSIBLE) INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, COURT FEES AND COSTS, ACTUAL DAMAGES, EXEMPLARY, SPECIAL, CONSEQUENTIAL, AND ANY OTHER DAMAGES WHETHER REALIZED OR UNREALIZED THAT MAY RESULT FROM YOUR USE OF THE SOFTWARE.
PAYMENTS. All payments are due and payable on or before their due dates. Late payments may result in the immediate loss of all Software. In its sole discretion, ITNEO reserves the right to demand payment in full on the balance of any Contract as a result of your failure to pay timely. Should ITNEO elect this right, any and all payments by you will be credited toward the Contract balance and only after the balance is paid in full will Software be restored.