NBC Business Matters Group Inc.
END-USER SAAS LICENCE AGREEMENT - November 4 2024
IMPORTANT: PLEASE READ THIS DOCUMENT IN ITS ENTIRETY
This End-User Licence Agreement (hereinafter, "Agreement") creates a legally binding Agreement between you, as an end user of our services (hereinafter, "End User"), and the following company: NBC Business Matters Group Inc. (hereinafter, "Company"). You will be referred to through second-person pronouns such as "your" and "yours." We, the Company, will be referred to with pronouns such as "us," "our," and "ours." Collectively, you and the Company may be referred to as the "Parties" and individually as "Party." This licence governs the use of all of the Company software products (hereinafter, "Software" or “Application”), including but not limited to:
Cashmatters, Asset Matters, ServiceMatters, RequestMatters, Co-op Matters App Package.
By accessing, downloading, installing, or otherwise using our Software in any way, you agree to be bound by this Agreement in its entirety. If you do not agree, you must cease use of the Software immediately.
SAAS SOFTWARE LICENCE: When you lawfully access the Software, whether through purchase or other lawful means, we grant you, subject to all of the terms and conditions of this Agreement, a non-exclusive, non-transferable, limited, revocable licence to use the Software ("License"). This Licence extends to the use of documentation, data, or information developed by the Company, and other materials which may assist in your use of the Software. This Licence may not be transferred to any third parties without express, lawful, written permission from the Company and this Licence terminates upon your cessation of use of the Software. This Licence shall be applicable to all lawful End Users of the Software, unless a separate written agreement has been executed between you and the Company. This licence and all terms may be subject to change at any time. Your accepted version of the policy shall be binding until the end of your renewal period, at which time you will be asked to review and accept the new policy prior to licence renewal.
Special Terms listed by the Company on your purchase agreement will supersede the equivalent Terms within this agreement.
All Company software products are offered as a SAAS licence product(Software as a service) and are purchased for use under a limited specified time frame, and upon expiration of the time frame are subject to renewal licensing and fees to continue use.
DATA RETENTION POLICY: Account set up and data will be deleted upon request by completion of the date request form: https://nbcbusinessmatters.com/data-deletion-request.
In the event of account closure for any reason all account set up and date will be retained for 90 days from the account expiry date. Should you wish to extend the account deletion date a time frame and cost can be negotiated.
Once the account set up and data has been deleted they are unrecoverable and will not be available for future use and access.
Should you wish to return to using the Software a new account will need to be created and set up and the cost to do so will fall upon the user.
LICENCE FEE and terms: The SAAS License is provided for a fee, in conjunction with the purchase of the Software. Such fees and terms will be displayed to you prior to your purchase of the Software. Purchase and payment of the software fee demonstrates acceptance of those terms.
RENEWAL FEE and Terms: The renewal period and payment frequency for the software will be set in your purchase agreement. Price increases may occur, and any applicable terms regarding price increases will be specified in your original purchase agreement.
ADDITIONAL LICENCES: The following additional licences may be available as related to the Software:
Educational Licences: Educational Licences are provided at a discounted rate, and are specifically and exclusively restricted to educational use. Any other usage will be considered a breach of terms and the licence may be revoked without notice.
Non-Profit, Not for Profit or Limited Profit Licences: Non-Profit, Not for Profit or Limited Profit Licences are provided at a discounted rate, and are specifically and exclusively restricted to use by the individual non-profit entity who purchased the software. Any other usage will be considered a breach of terms and the licence may be revoked without notice.
Promotional Licences: Promotional Licences are provided at a discounted rate, and are specifically and exclusively restricted to testing and demonstration use to enable evaluation of suitability. Any other usage will be considered a breach of terms and the licence may be revoked without notice.
ADDITIONAL TERMS: Additional terms may be applicable to the Parties' relationship with each other, such as the Company Terms & Conditions or Terms of Use, the Company Privacy Policy, and any other such written agreements governing your relationship with us. Nothing contained herein is intended to restrict the terms of any other written agreement. Instead, all relevant documents shall be construed as broadly as possible. All policies and terms of use can be found at the following web page: nbcbusinessmatters.com/policies and terms
INTELLECTUAL PROPERTY: You agree that the Software, Company website and all services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
ACCEPTABLE USE: You agree not to use the Software for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Software in any way that could damage the Company website, services, or general business of the Company.
You further agree not to use the Software :
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
REVERSE ENGINEERING & SECURITY: You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble the Software or any code within or related to the Software or the Company website;
b) Violate the security of the Software through any unauthorised access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;
c) Copy or otherwise distribute copies of the Software unlawfully, such as through any peer-to-peer network or other intellectual property circumvention tool.
MAINTENANCE: This Licence includes Software maintenance and support. Please contact the Company for assistance at support@nbcsoftwarematters.com or via the website at nbcbusinessmatters.com. Responses to support requests filed during business hours will be made within 24 hours of receipt. Requests filed outside of business hours will be responded to within 24 hours of opening time on the next business day.
INDEMNIFICATION: You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Software, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defence, if the Company wishes.
SPAM POLICY: You are strictly prohibited from using the Software or any of the Company's services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
SERVICE INTERRUPTIONS: The Company may need to interrupt access to the Software to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Software may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
NO WARRANTIES: You agree that your use of the Software is at your sole and exclusive risk and that the Software is provided on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Software will meet your needs or that access to the Software will be uninterrupted or error-free. The Company also makes no warranties as to the reliability or accuracy of any information contained within the Software. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Software is your sole responsibility and that the Company is not liable for any such damage or loss.
LIMITATION ON LIABILITY: The Company is not liable for any damages that may occur to you as a result of your use of the Software, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to the Company in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
DISPUTE RESOLUTION & GOVERNING LAW: All disputes will be resolved as provided for in the Terms & Conditions or Terms of Service. Should Company not have a live version of any Terms document or any other provisions in any user-facing document covering dispute resolution and governing law, the laws of British Columbia shall govern any matter or dispute relating to or arising from this EULA or the Company's relationship with End User.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and insure to any assignees, administrators, successors, and executors.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organisation, only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: support@nbcsoftwarematters.com
LAPSE OF LICENCE RENEWAL OR NON PAYMENT: Should you fail to renew your licence, pay the licence fee as specified in your purchase agreement, or fail to pay any related costs or fees as agreed to your licence will be considered to have terminated, and access to the software will be denied until payment is received or suitable arrangements have been discussed with and agreed to by the Company.
QUESTIONS OR CONCERNS: If you have any questions or concerns regarding these or any other policies of NBC Business Matters Group Inc. please contact us for clarity and discussion prior to your purchase.