License Agreement
Copyright (c) 2009 Lawgic, LLC, a Florida limited liability company ("Lawgic"). All Rights Reserved. U.S. Patent Nos. 5,835,900; 5,960,419; 5,963,931; 5,978,784; and 6,009,420. Other patents pending. Lawgic and Intelligent Legal Technology are registered trademarks of Lawgic, LLC.
Lawgic permits use of the software only on the terms of the following Limited Term Subscription License Agreement. PLEASE READ IT CAREFULLY. If you do not want to agree to these terms, you must return the software within 30 days of receipt without installing it on a computer. Returns must be sent to Lawgic, 4745 Sutton Park Ct. #404, Jacksonville, FL 32224, postage prepaid.
LIMITED TERM SUBSCRIPTION LICENSE AGREEMENT
1. YOUR RIGHTS.
a. WHO IS LICENSED. This license allows the Lawgic software to be used by specific named users. This is not a "seat" license, nor a "concurrent use" license. The standard subscription permits one specified user within the law firm to use the software. Any number of additional users within the same firm, including secretaries, paralegals, interns, and volunteers, may use the software by purchasing an "ADDITIONAL USER LICENSE" for each additional user. Additional user licenses are only valid for subscribers with at least one standard subscription in effect at the time the additional user license is purchased. You agree to purchase additional user licenses for each additional user in your firm and to renew them each time the standard subscription is renewed. All references to "you" or "your" in this Agreement apply to both standard subscribers and to additional users.
b. WHERE INSTALLED. The software may be installed on any computer or computer account generally under control of a licensed user. The software may not be installed on any computer or computer account generally accessible to unlicensed users. If a computer or computer account on which Lawgic Software is installed becomes accessible to unlicensed users you agree to promptly uninstall the Lawgic software from that computer.
c. TERM of the LICENSE. Lawgic grants you a license to use the software for the subscription period, not to exceed one year, specified in writing by Lawgic.
d. COPIES. You may copy the software for backup purposes if you include Lawgic's copyright notice and "Used under license" or similar words on any removable media containing the copies.
2. COPY OF LICENSE AGREEMENT. Only persons who have been provided a copy of this license agreement may use the software.
3. USE BY LAWYERS. THE SOFTWARE IS INTENDED FOR USE BY LICENSED LAWYERS AND SUPPORT PERSONNEL WORKING UNDER A LAWYER'S DIRECT SUPERVISION.
a. You may use the software only to produce materials for use in advising clients with respect to their individual circumstances. You shall not provide the materials to clients whom you believe may commercially distribute the materials, and shall inform any client likely to consider doing so that the materials are subject to copyright and may not be commercially distributed. You may not provide the software itself to clients.
b. LAWYERS SHOULD USE THE SOFTWARE AS A RESOURCE IN THE EXERCISE OF PROFESSIONAL JUDGMENT, not as a substitute for that judgment or familiarity with applicable law. Lawyers using the software should consult statutes, cases, and other primary materials before rendering specific legal advice.
c. LAWYERS USING THE SOFTWARE, OR SUPERVISING ITS USE BY SUPPORT PERSONNEL, ARE SOLELY RESPONSIBLE FOR LEGAL ADVICE RENDERED WITH THE ASSISTANCE OF THE SOFTWARE AND RELEASE LAWGIC FOR ANY ERRORS OR OMISSIONS WHICH MAY OCCUR.
4. PROFESSIONAL USE ONLY. The software is licensed for professional use only. Use of the software for personal, family, or household purposes is strictly prohibited.
5. OUR RIGHTS.
a. Lawgic retains ownership of the software, including all original text that may be viewed or printed during use of the software. The software contains confidential, proprietary information that is a valuable trade secret of Lawgic. Patent and copyright laws also protect the software. The software may not be disassembled, decompiled, reverse engineered, copied, sublicensed, or distributed except as allowed in this agreement. For example, you may not publicly disseminate (by electronic or other means) any original text included in the software or other output produced by the software. You may not allow clients or personnel of other law firms, or third parties to use or copy the software.
b. Lawgic's copyright extends to materials produced using the software. Accordingly, materials produced using the software may be copied and distributed only as expressly permitted by this agreement or as otherwise agreed in writing by Lawgic. Lawgic's copyright and the restrictions of this agreement do not apply to matter added by the user or matter in the public domain.
6. LIMITATIONS.
a. EXCEPT AS STATED ABOVE, LAWGIC MAKES NO EXPRESS OR IMPLIED WARRANTIES, SUCH AS WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
b. You acknowledge that Lawgic does not practice law or provide legal advice, and is not engaged in rendering legal or other professional services. Laws vary from state to state and change over time. The software is meant to assist attorneys in identifying legal issues arising in many situations, but may not address issues arising in a particular situation and may not reflect all laws applicable in the user's jurisdiction.
c. Lawgic does not warrant that operation of the software will be error-free. Information has been obtained from authors and other sources believed to be reliable. However, Lawgic does not guarantee the accuracy, adequacy, or completeness of the software and is not responsible for any errors or omissions or for the results obtained from the use of the software.
d. LAWGIC SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. REGARDLESS OF THE THEORY OF LIABILITY, LAWGIC'S LIABILITY WITH RESPECT TO THE SOFTWARE SHALL NOT EXCEED THE SUBSCRIPTION FEE YOU PAID. YOU AGREE THAT ANY CLAIM RELATING TO THE SOFTWARE MUST BE BROUGHT WITHIN ONE YEAR AFTER THE PARTICULAR USE OF THE SOFTWARE ON WHICH THE CLAIM IS BASED.
e. Nothing in this agreement constitutes a warranty of any kind from the authors of materials included in the software, or from their firms.
7. UPDATES AND PRODUCT EXPIRATION. You should promptly install, upon receipt, all updates you receive from Lawgic during the term of your subscription. The software will expire if not updated in a timely fashion or if you fail to renew your subscription. The software includes a "software lock" that will prevent any use of the software after expiration. YOU AGREE THAT THE SOFTWARE LOCK MAY BE INCLUDED IN THE SOFTWARE AND ACTIVATED TO PREVENT USE AS DESCRIBED ABOVE. Although Lawgic presently intends to provide an update of the software before the expiration date, nothing in this agreement requires that Lawgic do so.
8. TERMINATION. The license provided under this agreement terminates at the end of your subscription period, unless earlier terminated as provided in this section. Use of the software during any renewal of your subscription period and use of any software update is governed by the license agreement provided at renewal or with the update. You may not cancel your subscription for the term of the subscription period. Lawgic may terminate this license if you fail to comply with any terms of this agreement. Upon termination, you shall promptly uninstall the software and return it to Lawgic or destroy the software, documentation, and any copies you made.
9. DISPUTE RESOLUTION. Any dispute related to the software or this agreement will be exclusively settled by binding arbitration before a single arbitrator in Jacksonville, Florida, under the CPR Rules for Non-Administered Arbitration of CPR Institute for Dispute Resolution. Lawgic may nonetheless seek injunctive relief in any court of competent jurisdiction to protect its rights and interests. You consent to jurisdiction of federal and state courts in Florida and waive any claim that another forum may be more convenient.
10. MISCELLANEOUS. You are responsible for all taxes payable in connection with this agreement or your use or possession of copies of the software, other than taxes on Lawgic's income. Any modification or waiver of this agreement must be in writing. This agreement, any supplemental Terms of Subscription, and any other written agreements signed by both you and Lawgic represent the entire agreement between you and Lawgic. PROVISIONS OF ANY PURCHASE ORDER OR DOCUMENT YOU SUBMIT SHALL NOT BE BINDING ON LAWGIC. The invalidity of any provision of this agreement shall not affect the other provisions.
(PRODLICAGR-272-917-1003-2009)
Rev. 10.3.2009
