These Terms of Service (TOS) incorporates by reference the terms and conditions contained within the Inflectra End User License Agreement (“EULA”) unless such terms are explicitly superseded by a provision of this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will revert back to the equivalent provision in the EULA, and the remaining provisions of this Agreement will remain in full force and effect.
Under the terms of this Agreement, INFLECTRA licenses to you, computer software that you are able to download from INFLECTRA’s website and install on your premises under the license terms defined in section 3 below.
Inflectra accepts three payment methods for its software and associated support/maintenance:
Upon purchase of the software as defined in section 2, INFLECTRA grants to you a end user license to use the purchased software as governed by the provisions of the EULA.
The software and license keys will be delivered to you from a secure section of INFLECTRA’s website that you have access to. You can download the software and license keys as many times as necessary, however you can only install software and license key on the number of servers that are defined in the EULA for the product edition purchased.
The software licensed under the terms of section 3 provide except where explicitly excluded in the EULA include one (1) year of software maintenance (support and product updates). Beyond this initial period, you may renew your software maintenance plan for additional years at the currently published retail prices.
As long as you maintains an active maintenance plan with INFLECTRA, INFLECTRA will provide the following minimum levels of support to you:
In addition to any other rights granted to INFLECTRA herein, INFLECTRA reserves the right to suspend or terminate this Agreement and CUSTOMER’s access to the software if CUSTOMER fails to pay any invoice when due and INFLECTRA has provided CUSTOMER with written notice of such failure and CUSTOMER has failed to make such payment within an additional thirty (30) days. Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection.
CUSTOMER will continue to be charged for software during any period of suspension. If CUSTOMER or INFLECTRA initiates termination of this Agreement, CUSTOMER will be obligated to pay the balance due on CUSTOMER’s account prior to the date of termination, computed in accordance with the Payment Terms section above. CUSTOMER agrees that INFLECTRA may bill CUSTOMER for such unpaid fees.
INFLECTRA reserves the right to impose a reconnection fee in the event CUSTOMER is suspended and thereafter requests access to the software.