Terms of Use

Last updated: June 3, 2020

License

Ovitas, Inc. (hereafter “Ovitas”) grants you a revocable, non-exclusive, non-transferable, limited license to access, download, and/or install, as the case may be, and use the Application solely for free trial purposes strictly in accordance with the terms of this Agreement. A company or organization, which shall be defined as a legal entity with an EIN registered with the US Internal Revenue Service, shall be limited to one free trial.

Restrictions

You agree not to, and you will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

Free Trial Terms

Ovitas may, at its discretion, make available from time to time a free trial of ELO software.

Free trial is for ELOprofessional 12 ECM Suite. Registered users will be contacted by Ovitas or Ovitas-authorized personnel who will arrange an online meeting to:

  • Demonstrate the functionality of the Application,
  • Answer questions about the use of the Application,
  • Provide access and login information to the registered user and up to four additional employee users, who shall be defined as active employees of the same company at which the registered user is employed.

Not all functions and features of ELOprofessional 12 will be made available to trial users. Each company or organization, as the case may be, is limited to:

  • Five users, and
  • Uploading 5,000 files, which in aggregate, may not exceed 100 megabytes.

The free trial signup expires April 30, 2020, unless extended by Ovitas.

Disclaimer of Warranty and Limitation of Liability

Ovitas does not warrant that the Application or the hosting site(s) on which it is hosted will operate error free or without interruption. We shall not be responsible for any servicing or replacement costs associated with data uploaded to or configurations made to the Application or hosting site(s).

The Application and hosting site(s) are provided “as is” and “as available” basis without any warranties of any kind. Ovitas hereby disclaims all warranties. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

In no event shall Ovitas be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Application, hosting site(s) and any and all data or configurations, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if a we have been advised of the possibility of such damages.

Term and Termination

This Agreement shall remain in effect until terminated by you or Ovitas in writing.

Ovitas may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Ovitas, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

Trial Period Term and Termination

Your free trial period terminates when any of the following occur:

  1. Ovitas and you enter into a purchase agreement,
  2. You indicate in writing to Ovitas that you wish to terminate your free trial,
  3. When terminated by either party in accordance the provisions of this Agreement.

Ovitas reserves the right to terminate any free trial if the registered user and/or additional employee users do not log into the Application for 30 contiguous days.

A free trial period expires no later than December 31, 2020, or a on date mutually agreed upon between Ovitas and you in writing, at which time all access to the Application shall be revoked and all data and configurations stored in the Application destroyed.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Miscellaneous Terms

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to conflicts of law provisions thereof.

Contact

If you have any questions about this Agreement, please contact us.