This Subscription Agreement (“Agreement”) is entered into as of the date your subscription becomes active by and between you (“Customer”), and NYSentencing LLC, (f/k/a “Due Process Software”), (“Vendor”).
RECITALS
Vendor provides access to its online application (the “System”), consisting of Vendor’s proprietary software (the “Software”) and its associated website application (the “Service”). In consideration of the mutual covenants, terms, and conditions set forth below, the adequacy of which consideration is hereby accepted and acknowledged, the parties agree as follows.
TERMS AND CONDITIONS
During the term of this Agreement, Customer may access the Service pursuant to Vendor’s policies posted on any of Vendor’s websites (including gungaweb.com, nysentencing.com, gungaweb.nysentencing.com) as such policies may be updated from time to time. Vendor retains all right, title, and interest in and to the Software and Service, including without limitation the Software and all other software used to provide the Service and all logos and trademarks reproduced through the Service. This Agreement does not grant Customer any intellectual property rights in the Software or Service or any of its components.
Customer may access and use the Service from initial activation until termination (the “Subscription Period”). Vendor retains all right, title, and interest in and to the System, including without limitation all computers, other hardware, and software incorporated into or used by the System, and this Agreement does not grant Customer any intellectual property rights in the System or any of its components.
Customer or Vendor may terminate the Agreement and cancel Service at any time. If Customer breaches any provision of this Agreement, Vendor may cancel Service and shall have no further responsibility or liability to Customer. If Service is otherwise cancelled by either Customer or Vendor before the end of a paid subscription period, Vendor in its discretion may refund a pro-rated portion of any advance subscription fee paid by Customer. In no event shall Vendor’s responsibility to Customer exceed refund of such pro-rated advance subscription fee.
The Software accessed through the Service is licensed, not sold, and Customer receives no title to or ownership of any copy or of the Software itself. Furthermore, Customer receives no rights to the Software other than those specifically granted in this Agreement. Without limiting the generality of the foregoing, Customer shall not: (a) modify, create derivative works from, distribute, publicly display, publicly perform, or sub-license the Software; (b) use the Software for service bureau or time-sharing purposes or in any other way allow third parties to exploit the Software; or (c) reverse engineer, de-compile, disassemble, or otherwise attempt to derive any of the Software’s source code.