FRONTSUITE® SOFTWARE SUPPORT TERMS & CONDITIONS

This Agreement (the "Agreement") shall come into force and effect on the date specified on receipt of payment. This Agreement shall be between you and FrontSuite S.A. ("FSSA") whereby FSSA agrees to provide SOFTWARE SUPPORT
on the following terms and conditions. The Agreement shall remain in force and effect for this period specified in the Agreement application ("FrontSuite® Monthly Support Contract") unless previously terminated in accordance with Clause 3 below:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FSSA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE FRONTSUITE® SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.


COPYRIGHT

1. Any new versions or releases of the Software as may be issued to you in pursuant to the above sub-Clauses shall be dispatched on compact disk and/or via email and/or downloaded from FrontSuite official site (www.frontsuite.com).

2. The issue of such Replacement Software will permit you to install the same on a single personal computer (or single network, where you have purchased this version) and install data at any one time, whether for a company, partnership or group, person or otherwise (unless, and to the extent that, you have purchased the relevant licence for multiple users and/or multiple sets of data from FSSA), in the course of which you may make one copy of the Replacement Software in any computer readable format for back-up purposes. The copyright design right and any other intellectual property rights in the source and object codes of the Replacement Software vest exclusively with FSSA.

3. The Replacement Software may not be copied without the express consent in writing of FSSA under such terms as it shall determine. In particular, the Replacement Software shall not be installed onto any additional network (where you have purchased such version) or onto any additional personal computer including any laptop or portable computer without an additional user licence, available at separate cost from FSSA.

GENERAL
1. Any re-seller or dealer from whom you purchased the Software is not appointed or authorized by FSSA as its servant or agent. Such persons have no authority (either express or implied) to enter into contract or grant any licence or provide any representation, warranty, condition or guarantee with or to you on behalf of FSSA, or thereby bind FSSA. FSSA cannot be responsible for any modifications or mergers made to the Software by such person.

2. Failure by FSSA to enforce any of the terms and conditions of this Agreement shall not be construed as a waiver of its rights. FSSA shall nor be under liability to you in respect of any circumstances beyond its reasonable control.

3. You are not permitted to assign the benefits and obligations of this Agreement to a third party unless with prior written consent.

4. The validity, construction and performance of this Agreement will be governed by the laws of Chile and the parties hereby submit themselves to the exclusive jurisdiction of the Chilean Courts.

 





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