SUBSCRIPTION TO THE TEECAL SOFTWARE IS SUBJECT TO THE TERMS SET BELOW, INCLUDING BUT NOT LIMITED TO FEES, TERM OF AGREEMENT, SOFTWARE LICENSE TERMS, TERMS OF USE, CUSTOMER REPRESENTATIONS AND WARRANTY STATEMENT.
THESES TERMS MAY CHANGE WITHOUT NOTICE.

  1. DEFINITIONS
    1. "Software" means TeeCal Shop Management software.  Also includes any instructions, documentation, technical data, images, and other related materials.
    2. "Use" means storing, loading, installing, executing, or displaying the Software on any device.
    3. "Product" means the downloadable Software product and its documentation as built at the time of the download.
    4. "License" means the Software license grant and general license terms set forth herein.
    5. "Terms of Use" means any and all prohibitions and restrictions on Use.
    6. "Term of Agreement" means the period from the date a subscription is purchased to the date of termination by either the user or TeeCal.
    7. "Subscriber" (sometimes referred to as "you") means the individual or entity who purchases the subscription under this Agreement.
    8. "Customer" means Subscriber and any entity or individual who Uses the Software through Subscriber's subscription.
    9. "This Agreement" means this entire Software Subscription and License Agreement.
    10. "Reissue" means a product similar to the original Product downloaded, but updated to include those features and fixes that are included in the current release.
    11. "Upgrade" means a new release of the Product that includes a substantial new facility or capability.

 

  1. SUBSCRIPTION TERMS
    1. As part of this subscription, Subscriber receives one or more License as described below.  TeeCal will provide updates to the Software, such as correction of "bugs" and certain limited improvements to existing functionality of the Software as TeeCal may choose to provide. The subscription does not automatically include the right to receive any Upgrades, Reissues or new product releases by TeeCal.  TeeCal will in its own discretion determine whether and on what terms any Upgrade, Reissue or new product release will be made available to existing Subscribers.
    2. The subscription entitles Customer to receive limited support as posted http://www.TeeCal.com at the time this Agreement becomes effective.
    3. TeeCal charges a monthly fee for TeeCal Subscriptions which varies based on the quantity of TeeCal Client License needed by Customer. If you purchase this subscription, you are authorizing PayPal to immediately bill your credit card or checking account for the first monthly payment and also bill your credit card each month (approximately 30 day intervals). If for any reason any of our charges for these fees are rejected or refused by your credit card issuer or PayPal fails to process your payment then this Agreement, your subscription, and license to Use the Software will automatically terminate without notice. It is your sole responsibility to ensure that your payment is made and to notify TeeCal Support (via support@teecal.com) of any different billing instructions if you cancel or wish to change the credit card for our billing purposes.  If any of our charges are rejected or refused PayPal will attempt 2 more times to process the payments in approximately 3 to 5 day intervals.  If PayPal cannot process the payment for any of our Subscription related fees after a total of 3 attempts then your Subscription will be canceled. If your subscription is canceled and you wish to reinstate your TeeCal Subscription you will be  required to start a new TeeCal subscription in which the full initial payment will be due immediately.
    4. TeeCal will discontinue billing your credit card for any months after the month in which termination occurred. We will not pro-rate or refund any fees paid.
    5. TeeCal may terminate the subscription and Software License immediately without prior notice for failure to comply with any terms of this Agreement, including Software License terms or Terms of Use. Immediately upon termination, Customer will no longer have any right to Use the Software, access vendor catalogs, or request support.
    6. Subscriber may not assign or transfer this Agreement. Any such attempted assignment or transfer will be null and void. TeeCal may terminate this Agreement in the event of any such attempted assignment or transfer.
    7. By accepting this Agreement and purchasing this Subscription, Subscriber represents and warrants that, if a natural person, Subscriber is at least 18 years of age and/or is otherwise legally able to enter into a binding contract.
    8. Cancellation may be effected by canceling your subscription via PayPal or by emailing TeeCal Support at support@teecal.com at the time you wish to cancel.

 

  1. SUPPORT AGREEMENT
    1. TeeCal support will be provided for all customers with an active monthly subscription.  Support will be available on Mondays - Fridays between hours 8:00am-5:00pm CST excluding holidays.  TeeCal will use its best efforts to resolve reported and reproducible errors in the Software.  TeeCal support includes initiail setup/configuration, software related training, answers for how-to questions, diagnosis and resolution of issues and performance issues directly related to the Software. 
    2. TeeCal supported items
      For a listing of items supported by TeeCal please reference the TeeCal Support Policy at http://www.teecal.com/supportpolicy.aspx.
    3. TeeCal unsupported items
      For a listing of unsupported items please reference the TeeCal Support Policy at http://www.teecal.com/supportpolicy.aspx.
    4. All request for support, related to the Software, will need to be submit via a help ticket.
      There are two ways you can submit help tickets.
          Option 1 - Submit a help ticket from our support website http://www.teecal.com/support.aspx by clicking the Submit A Help Ticket link.
          Option 2 - Open up the TeeCal software, click the Support menu, and then click Submit A Help Ticket.
      Please be sure to include your full name, business name, email address and phone number.
      Shortly after you submit the help ticket you should receive a confirmation email with a link to your help ticket. You can use that link at any time to check the status of your ticket.
    5. If TeeCal determines that it would be appropriate to do so, TeeCal may defer resolution of a support question or support issue until a later time.  At its discretion, TeeCal may provide Customer with support during times other than the Support Hours.  TeeCal, at times, may require that additional support fees be paid by the Customer to cover support time, vendor catalog conversions, or any other service provided to Customer directly related with the Software.
    6. TeeCal may choose to utilize a remote desktop utility called Team Viewer to aid with remote support.
    7. Not withstanding anything to the contrary elsewhere in this Agreement, TeeCal will have no obligation to provide any support services to the Customer if:
      1. Customer or a third party has altered or modified any portion of the Licensed Software or Data in any manner without the prior written consent from TeeCal
      2. Customer has not installed or used the Software in accordance with instructions provided by TeeCal, including failure to follow implementation procedures
      3. Customer has failed to replace earlier versions of the Software with current version provided on TeeCal’s website.
      4. Any other party or entity has serviced the Software which caused it to no longer conform to its specifications
      5. Customer is not in full compliance with the other terms of this Agreement, the terms of the License Agreement, or any other agreement between TeeCal and the Customer.
    8. TeeCal does not provide support for any hardware related issues.  Please reference the TeeCal Support Policy at http://www.teecal.com/supportpolicy.aspx
    9. The support services under this Agreement will be provided in a workman-like manner by individuals who are knowledgeable in the operation of the Software. All software bug fixes, work-arounds, patches and upgrades are provided on an "AS IS" basis. This software support agreement does not augment or alter the warranties provided under the Licensed Software’s license or purchase agreements, or any other agreements between Customer and TeeCal.

 

  1. LICENSE GRANT AND TERMS
    1. During the Term of Agreement, subject to continuing payment of monthly fees as set forth herein and to compliance with Terms of Use and the Software License, Subscriber will have one or more TeeCal license that entitles a single entity to download and Use the Software.  Each license is to be used on only one device; sharing one license between two devices is a violation to the Terms of Use and the Software License.  If Subscriber allows another individual to download or Use the Software or Software License, Subscriber will be liable for compliance with this Agreement, and for any violations by that user of the Terms of Use or Software License.
    2. The Software is owned, patented and copyrighted by TeeCal or by third party suppliers. The Software License confers no title or ownership and is not a sale of any rights in the Software. Customer is granted only the right to Use the Software without right of sublicense.
    3. Customer must retain all patent, copyright notices and other proprietary legends in or on the original Software. Customer may not remove from the Software, or alter, any of the TeeCal trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to the Software. Customer may not copy the Software onto any public or distributed network.
    4. Customer may not modify, reverse engineer, disassemble, decompile or otherwise attempt to access or determine the source code of the Software, copy, reproduce or distribute the Software in any way in whole or in part or create any derivative work based on the Software. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The Software is copyrighted and any unauthorized use of it is prohibited. If Customer breaches any of these terms, the License to Use the Software automatically terminates and Customer must immediately destroy any downloaded or printed materials.
    5. Customer may not export or re-export this software or any copy or adaptation in violation of any applicable laws or regulations.
    6. Customer agrees that Software contains proprietary information including trade secrets, knowhow and confidential information that is the exclusive property of TeeCal. During the period this Agreement is in effect and at all times after its termination, Customer and its employees and agents shall maintain the confidentiality of this information and not sell, license, publish, display, distribute, disclose or otherwise make available this information to any third party nor use such proprietary information concerning the Software, including any flow charts, logic diagrams, user manuals and screens, to persons not an employee of Customer without the prior written consent of TeeCal.

 

  1. DISCLAIMERS AND LIMITATIONS
    1. TO THE EXTENT ALLOWED BY LAW, THIS SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, TEECAL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, ACCURACY OF INFORMATIONAL CONTENT, AND FITNESS FOR A PARTICULAR PURPOSE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TEECAL OR TEECAL‘S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. TEECAL DOES NOT REPRESENT THAT IT’S SOFTWARE OR SERVER WILL BE AVAILABLE AT ALL TIMES OR WILL BE FUNCTIONING PROPERLY WHEN YOU OR OTHERS WISH TO ACCESS THE FUNCTIONALITY OF THE SOFTWARE. OUR SERVER IT MAY BE UNAVAILABLE AT TIMES FOR MAINTENANCE OR FOR A VARIETY OF OTHER REASONS. WE ARE NOT LIABLE TO YOU FOR ANY PERIODS OF UNAVAILABILITY AND YOU WILL NOT BE ENTITLED TO ANY REFUNDS FOR THOSE PERIODS WHEN THE SERVER IS NOT AVAILABLE OR IS NOT FUNCTIONING PROPERLY. Some jurisdictions do not allow exclusions of implied warranties or conditions, so the above exclusion may not apply to you to the extent prohibited by applicable laws.
    2. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT WILL TEECAL OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, OR DOWNTIME COSTS), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SOFTWARE, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT TeeCal WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TeeCal and its suppliers' entire liability and your exclusive remedy shall be, at TeeCal's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Product, or (b) repair or replacement of the Product.
    3. NOTE, EXCEPT TO THE EXTENT ALLOWED BY LOCAL LAW, THESE WARRANTY TERMS DO NOT EXCLUDE, RESTRICT OR MODIFY, AND ARE IN ADDITION TO, THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE LICENSE OF THE SOFTWARE TO YOU; PROVIDED, HOWEVER, THAT THE CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS SPECIFICALLY DISCLAIMED AND SHALL NOT GOVERN OR APPLY TO THE SOFTWARE PROVIDED IN CONNECTION WITH THIS WARRANTY STATEMENT.
    4. TEECAL DOES NOT PROMISE THAT THE SOFTWARE WILL FUNCTION ON OR BE COMPATIBLE WITH YOUR DEVICE. TeeCal DOES NOT PROMISE OR WARRANT THAT YOUR DEVICE WILL BE COMPATIBLE WITH THE FUNCTIONALITY AVAILABLE THROUGH OUR SERVER. IT IS CUSTOMER'S SOLE RESPONSIBILITY TO ENSURE THAT CUSTOMER'S DEVICE AND INTERNET ACCESS ARE COMPATIBLE WITH THE SOFTWARE AND THE SERVER FUNCTIONALITY.
    5. REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL TEECAL BE LIABLE TO CUSTOMER FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY KIND AND HOWEVER CAUSED, EVEN IF TEECAL KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH.

 

  1. TERMS OF USE
    1. As a condition of Use of the Software, Customer may not Use the Software for any purpose that is unlawful or prohibited by these Terms of Use. We reserve the right to suspend or terminate this Subscription if the Software is used for an unauthorized purpose.
    2. Customer agrees not to use the Software or the Subscription to interfere with or disrupt servers or networks connected to the Software.

 

  1. GENERAL PROVISIONS
    1. This Agreement and any disputes arising hereunder shall be governed by the laws of the Unites States without regard to conflicts of laws principles.
    2. If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain in full force and effect. Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such right or provision with respect to any subsequent breach. Provisions herein which by their nature extend beyond the termination of any license of Software will remain in effect until fulfilled.
    3. This Agreement is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Customer's additional or different terms and conditions will not apply. This Agreement may not be changed except by an amendment signed by an authorized representative of each party.