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Terms | Magnum Live Chat

Terms

Terms and Conditions:
Usage of Magnum Chat Service offered by Magnum Contact Inc.  is subject to the following Terms of Service and software license.
Any company or person creating an account on the http://www.magnumcontact.com, http://www.magnumchat.com websites and/or subscribing to this service fully agrees to abide by these Terms of Service.
SOFTWARE LICENSE
PLEASE READ THIS SOFTWARE LICENSE CAREFULLY BEFORE USING THE SOFTWARE.    BY CLICKING ON THE “ACCEPT” BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, CLICK THE “DO NOT ACCEPT” BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT.
Single User License Grant: Magnum Contact Inc. (“Magnum”) and its suppliers grant to Customer (“Customer”) a nonexclusive and nontransferable license to use the MagnumChat software (“Software”) in object code form and for the period paid in advance, solely owned by Customer or otherwise embedded in equipment provided by Magnum Contact Inc.
Multiple-Users License Grant: Magnum Contact Inc and its suppliers grant to Customer a nonexclusive and nontransferable license to use the MagnumChat software in object code form: (i) installed in single or multiple location on a hard disk or other storage device of up to the number of computers owned by Customer for which Customer has paid a license fee (“Permitted Number of Computers”); or (ii) provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (b) use of the Software over such network, provided the number of computers connected to the server does not exceed the Permitted Number of Computers. Customer may only use the programs contained in the Software (i) for which Customer has paid a license fee (or in the case of an evaluation copy, those programs Customer is authorized to evaluate) and (ii) for which Customer has received a product authorization key (“PAK”). Product Authorization Key consists of an Account Name an accompanying User Name and a Password. Customer grants to Magnum Contact Inc or its independent accountants the right to examine its books, records and accounts during Customer’s normal business hours to verify compliance with the above provisions. In the event such audit discloses that the Permitted Number of Computers is exceeded, Customer shall promptly pay to Magnum Contact Inc the appropriate licensee fee for the additional computers or users.
At Magnum Contact Inc’s option, Magnum Contact Inc may terminate this license for failure to pay the required monthly license fee.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Magnum Contact Inc.
Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Magnum Contact Inc.
Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with Magnum Contact Inc.
LIMITED WARRANTY. Magnum Contact Inc warrants that for a period of ninety (90) days from the date of download/shipment from Magnum Contact Inc: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software substantially conforms to its published specifications. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer’s exclusive remedy and the entire liability of Magnum Contact Inc and its suppliers under this limited warranty will be, at Magnum Contact Inc or its service center’s option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to Customer. In no event does Magnum Contact Inc warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.
This warranty does not apply if the software (a) has been altered, except by Magnum Contact Inc, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Magnum Contact Inc, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in hazardous activities.
The above warranty DOES NOT apply to any beta software, any software made available for testing or demonstration purposes, any temporary software modules or any software for which Magnum Contact Inc does not receive a license fee. All such software products are provided AS IS without any warranty whatsoever.
DISCLAIMER; EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL MAGNUM CONTACT INC OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF MAGNUM CONTACT INC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Magnum Contact Inc’s or its suppliers’ liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME COUNTRIES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
Term of Subscription
This License is effective for the period paid in advance or until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from Magnum Contact Inc if Customer fails to comply with any provision of this License.   Upon termination, Customer must destroy all copies of Software.
Software, including technical data, is subject to United States export control laws, and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.
Free Trials
MagnumChat’s 14 day free trial is for usage of the software only- not including backup staffing.  The MagnumChat trial is a 14 day free trial or 100 completed chats, whichever comes first.
CREDITS & REFUNDS
There are no credits and refunds and Magnum Contact, Inc is not liable for any cash refunds through this license.
MISUSE OF COMMUNICATIONS
The Services contain message and communication facilities designed to enable you or your company to communicate with others. You and your company agree to use the Magnum Chat Services only to post, send and receive messages and material that are proper and permitted by applicable law. By way of example, and not as a limitation, you agree that when using the MagnumChat Services, you and your company will not:
” Violate any law, statute, ordinance or regulation.
” Violate any patent, trademark, trade secret, copyright, right to privacy, publicity, or other proprietary right of any party.
” Reverse engineer, decompile, disassemble or translate or otherwise attempt to derive the source code of any part of MagnumChat systems.
” Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) or to commit fraud.
” Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
” Send or otherwise make available any inappropriate, profane, defamatory, obscene, abusive, racist, indecent or unlawful topic, name, material or information.
” Send or otherwise make available any information or material that may constitute or encourage conduct that is a criminal offense or civil wrong, e.g. insider trading information about a company or proprietary or confidential information of a third party
” Impersonate any person or entity or make any false statements regarding any agency or affiliation with any entity or create a false identity.
” Send, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you or your company own or control the rights thereto or have received all necessary consent to do the same.
” Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
” Send files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
” Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material that is sent.
” Provide material support or resources (or conceal or disguise the nature, location, source or ownership of material support or resources) to any organization designated as a foreign terrorist organization by the U.S. government.
LIABILITY
Under no circumstances shall either party be liable to the other party for indirect, incidental, consequential, special or exemplary damages (even if that party has been advised of the possibility of such damages), arising from any provision of this License, such, as, but not limited to, loss of revenue or anticipated profits or lost business. Except as provided in section Indemnity below, neither party shall be liable to the other party for more than the aggregate amounts earned by such party under this license. This section shall survive the expiration or termination of this License. Each party will defend, indemnify, save and hold harmless the other party and the officers, directors, agents, affiliates, distributors and employees of the other party from any and all third party claims, demands, liabilities, costs or expenses, including reasonable outside and in-house attorneys’ fees (“Liabilities”), resulting from the indemnifying party’s material breach of any obligation, duty, representation or warranty of this License, except where Liabilities result from the gross negligence or knowing and willful misconduct of the other party. Each party agrees to (i) promptly notify the other party in writing of an indemnifiable claim and give the other party the opportunity to defend or negotiate a settlement of any such claim at such other party’s expense and (ii) cooperate fully with the other party, at that other party’s expense, in defending or settling the claim. This section shall survive the expiration or termination of this License.
ENTIRE LICENSE
This License constitutes the entire license between the parties hereto with respect to the transactions contemplated herein, and it supersedes all prior oral or written licenses, commitments or understandings with respect to the matters provided for herein.
COUNTERPARTS
This License may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same document.
We reserve the right to revise these Terms of Service at any time, without prior notice. The most recent version of these Terms of Service is always available at the http://www.magnumchat.com  web site.
APPLICABLE LAW; JURISDICTION
These terms and conditions and license shall be interpreted, construed and enforced in all respects in accordance with the laws of the United States and of State of Georgia, County of Cobb County, except for its conflicts of laws principles. Each party irrevocably consents to the exclusive jurisdiction of the courts of the State of Georgia, County of Cobb County and the federal courts situated in the State of Georgia, in connection with any action to enforce the provisions of this License, to recover damages or other relief for breach or default under this License, or otherwise arising under or by reason of this License.
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