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APR for up to 36 months. |
If
your essential technology needs
today exceed your available budget
dollars, financing can provide
the solution. With our affordable
monthly payments, your future
budgeting process is made easier
through periodic payments that
are fixed for a term of a lease
that corresponds to the period
you expected to use the product.
We can structure a solution that
meets your needs, both for the
current year and for future years.
This should enable you to reduce
the risk of technology investments
and work within existing capital
and operating budgets.
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OPTASOFT FINANCE
AGREEMENT
| Terms: |
6,
12, 18, 24 or
36 months. Based
on your purchase.
|
| Usage: |
Unlimited |
| Penalty
APR and When It
Applies |
(1)
Late Payment.
A 9.99% APR may
be applied to
your outstanding
balance if you
make a late payment.
This is a variable
APR determined
by adding a Margin
of 2.67% percentage
points to the
Prime Rate Index.
(2) Software authentication
Interruption.
This may be imposed
when you fail
to pay us the
total minimum
payment due in
full by the payment
due date. Once
we receive the
monthly payment
in full, the software
will be allowed
to authenticate
to initiate its
successful launching.
A $100 software
reinstatement
processing fee
may be imposed.
(3) How long with
the Penalty APR
apply? If your
APR is increased,
the Penalty APR
will apply until
you make 2 consecutive
minimum payments
in full by the
payment due date.
(4) Not Sufficient
Funds (NSF). A
Fee in the amount
of $34.00 will
be imposed if
your bank returns
your check or
payment instrument
to us.
(5) Unpaid, or
will not honor
your direct debit,
or we cannot process
such payment,
for any reason.
You will incur
an NSF Fee of
$34 even if your
payment is later
honored by your
bank upon subsequent
presentment. |
| Default: |
Your
Account will be
in default if
you fail to pay
when due any amount
owed under this
Agreement. If
you are in default
we may require
you to pay the
total outstanding
balance on your
Account immediately.
We do not have
to notify you
or demand payment
in order to take
this action. As
described below
under Account
Cancellation,
we can cancel
or suspend your
right to use the
software at any
time. |
| Form
of Payment: |
All
payments must
be in U.S. Dollars,
and be made by
check, money order;
credit cards;
electronic funds
transfer or such
other means as
we may expressly
permit. Please
remit payments
to: OptaSoft LLC,
7951 Oakbrook
Drive Baton Rouge,
LA 70810 |
| Grant: |
OptaSoft
grants to you
a non-exclusive
right, during
the term of this
Agreement, to
install and/or
use the Software,
in object code
only, solely in
conjunction with
your Windows Operating
Systems. You have
the right to use
this Software
by loading it
onto a computer
containing the
capability of
transferring the
Software (in whole
or in part) to
the Computer's
Hard Drive. You
must not permit
any computers
or other electronic
devices (each
a "Client") to
connect simultaneously
to the Hard Drive
that contains
the Software.
You may store
all Software service
files on a Network
Drive to utilize
the services of
the Software solely
for file and print
services, and
remote access
(including connection
sharing and telephony
services). You
are prohibited
from establishing
any indirect connections
made through "multiplexing"
or other software
or hardware which
pools or aggregates
connections. You
may use the Software
in a single user
fashion as many
times as necessary. |
| Restrictions: |
You
may not use, copy,
modify, translate
or transfer the
Software, or any
modification thereof,
in whole or in
part, except as
expressly provided
for in this Agreement.
You may not sell,
rent, lend or
lease the Software.
You may not decompile,
reverse engineer,
disassemble or
otherwise decode
or alter the Software,
or attempt to
do any of the
same, except and
only to the extent
that applicable
law notwithstanding
this limitation
expressly permits
such activity. |
| Copyrights: |
The
Software and all
related documentation
are protected
under the laws
and treaties of
copyright and
intellectual property.
All title and
copyrights in
and to the Software
(including but
not limited to
any images, photographs,
animations, video,
audio, music,
text and "applets"
incorporated into
the Software)
and any copies
of the Software
are owned and
retained by OptaSoft
and/or its Third
Party Suppliers.
You may copy and
use the Software
and related documentation
only as expressly
permitted in this
Agreement. You
must reproduce
and maintain all
proprietary marks,
legends, and copyright
notices that appear
in or on the Software
and related materials,
or any portion
thereof, on any
copies of the
Software or related
materials that
you make or use.
Third Party Suppliers
named in such
copyright notices
shall each have
the right to enforce
provisions of
this Agreement. |
| Account
Cancellation: |
You may cancel your Account at any time by notifying us in writing. We may at any time and for any reason, without prior notice, suspend your Account and your right to use the software. If we cancel your Account, we may require you to pay the full outstanding balance of your Account. No cancellation or suspension of your Account will affect your obligation to pay any amount you owe us under this Agreement. You agree that you will try to make a full payment after you have been notified that your Account has been cancelled.
OptaSoft reserves
the right to pursue
any and all of
its other legal
and equitable
remedies as well,
including, without
limitation, punitive
damages, professional
fees and remedies
under international
copyright law. |
| Final
Agreement: |
This
Agreement is a
final expression
of the agreement
between you and
OptaSoft and may
not be contradicted
by evidence of
any alleged oral
agreement. You
agree that this
Agreement is the
complete and exclusive
statement between
you and OptaSoft
LLC, and that
it supersedes
any prior proposal
or agreement,
oral or written,
and any other
communication
relating to the
software, other
than payment terms.
No vendor, provider,
OEM, sales representative,
or other person
is authorized
to modify this
Agreement or to
make any warranty,
representation
or promise that
is different from
those set forth
in this Agreement. |
| Disclaimer
of Warranty: |
The
Software is provided
"AS IS" with all
faults and no
warranties of
any kind, whether
express, implied
or statutory.
The entire risk
as to satisfactory
quality, performance,
accuracy and efforts
(including lack
of negligence)
is with you. OptaSoft
specifically disclaims
all warranties,
representations,
or conditions,
including, but
not limited to,
any implied warranty
or condition of
merchantability,
non-infringement,
correspondence
to description
or fitness for
a particular purpose.
OptaSoft does
not warrant that
the functions
contained in the
software will
meet your requirements
or that the operation
will be uninterrupted
or error free.
Also there is
no warranty against
interference with
your enjoyment
of the software.
Any warranties
that you have
received from
OptaSoft associated
with the device
do not originate
from, and are
not binding on,
opt soft's third
party suppliers.
Some jurisdictions
do not allow the
exclusion of implied
warranties, so
the above exclusion
may not apply
to you. |
| Limitation
of Liability: |
In
no event shall
OptaSoft or any
third party supplier
be liable for
any direct, consequential,
incidental, indirect,
or special damages,
including without
limitation cost
of cover, lost
profits, or losses
resulting from
business interruption
or loss of data,
regardless of
the form of action
or legal theory
under which the
liability may
be asserted, even
if advised of
the possibility
or likelihood
of such damages.
Some jurisdictions
do not allow the
limitation of
liability for
consequential
or incidental
damages, so the
above limitation
may not apply
to you. |
| Remedies: |
Notwithstanding
any damages that
you might incur
for any reason
whatsoever (including,
without limitation,
all damages referenced
above and all
direct or general
damages), the
entire liability
of licensor and
any third party
suppliers under
any provision
of this agreement,
and your exclusive
remedy for all
of the foregoing,
shall be limited
to the greater
of the amount
actually paid
by you for the
software or device
or u.s. $5.00.
In no event, however,
shall licensor's
or any third party
supplier's liability
arising from or
in connection
with the use or
performance of
the software exceed
u.s. $250.00.
The foregoing
limitations, exclusions
and disclaimers
shall apply to
the maximum extent
permitted by applicable
law, even if any
remedy fails its
essential purpose. |
| Governing
law: |
This
License shall
be governed by
and interpreted
in accordance
with the laws
of the State of
Louisiana of the
United States
of America. |
| Support
and Fault Tolerance: |
The
Software may contain
support for other
programs. Such
technology is
not fault tolerant
and is not designed,
manufactured,
or intended for
use or resale
as online control
equipment in hazardous
environments requiring
fail-safe performance,
such as in the
operation of nuclear
facilities, aircraft
navigation or
communication
systems, air traffic
control, direct
life support machines,
or weapons systems,
in which the technology
could lead directly
to death, personal
injury, or severe
physical or environmental
damage. OptaSoft,
LLC requires this
disclaimer. The
software is not
fault tolerant.
Licensor has determined
how to use the
software in the
device, and licensor's
third party suppliers
have relied upon
licensor to conduct
sufficient testing
to determine that
the software is
suitable for such
use. |
| Export
Restrictions: |
You
acknowledge that
the Software is
of U.S. origin.
You agree to comply
with all applicable
international
and national laws
that apply to
the Software,
including the
U.S. Export Administration
Regulations, as
well as end-user,
end-use and country
destination restrictions
issued by U.S.
and other governments. |
| U.S.
Government Restricted
Rights: |
The
Software and documentation
are provided with
Restricted Rights.
Use, duplication,
or disclosure
by the U.S. Government
is subject to
restrictions set
forth in FAR,
48 CFR 52.227-14
and -19 or DFAR,
48 CFR 252.227-7013,
-7014 and -7015,
as applicable. |
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36
months
for
software
purchase
of
5
users
or
more.
