Terms and Conditions
Definition of Terms:
Scratch Technologies, LLC ("Scratch")
CollectPro Software ("Software")
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE PRODUCTS OR SERVICES.
By purchasing, downloading, using or installing the CollectPro' software program ("Software") you agree to the following terms and conditions:
Licensee agrees to purchase and install single Software license on a single computer. Licensee may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software over an internal network; however, Licensee must acquire and dedicate a LICENSE for each separate computer on or from which the Software is installed, used, accessed, displayed or run. A Licensee for the Software may not be shared or use concurrently on different computers. This license does not grant any reseller privileges.
- that Scratch does not grant any right, title or interest in the Software or any intellectual property of Scratch or any third party licensor. Licensee may not sell or transfer the Software or any part of it to any third party, nor assign or transfer any of your rights or obligations under these terms and conditions;
- that the Software is intended solely for use by first-party creditors for debts that originated with their business. NOTICE IS GIVEN that Software was not designed for third-party use by collection agencies, law firms, or debt buyers. No representation is made that Software is compliant with any third-party collection laws, including but not limited to: the Fair Debt Collection Practices Act or Fair Credit Reporting Act;
- that 90 days of support and online services are available with the purchase of the Software. Additional support and online services must be purchased on an annual cycle thereafter;
- that Software is read-only regarding data from supported accounting software;
- that all personal financial data accessed within the Software is stored locally and encrypted for security.
There are no refunds or other reimbursements offered upon purchase of Software. Should you experience a problem with purchased Software, Scratch offers support services to assist with any technical issues.
Licensee acknowledges that the Software is proprietary to and a trade secret of Scratch and/or its third party licensors and is to be used by Licensee only in accordance with this Agreement. Licensee shall clearly identify the Software as Scratch’s property. The Software and any documentation shall be kept by Licensee in the strictest confidence. Licensee will not, without Scratch’s express prior written consent, copy any part of the Software or the documentation; or reverse assemble, decompile or disassemble the Software or any part of it.
Limitation of Liability
Except to the extent prohibited by local law, in no event will Scratch, or it’s employees or officers, be liable for direct, special, incidental, consequential 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 advised of the possibility of such damages. Your use of the Software is entirely at your own risk.
Scratch gives no warranties, representations, conditions, undertakings or other obligations, whether express or implied by common law, trade usage, course of dealing or otherwise including any implied warranties of satisfactory quality or fitness for a particular purpose or any warranty that the Software will be error-free or that such errors will be corrected are given, all of which are hereby excluded to the fullest extent permitted by law. The Software is provided 'AS IS' and in no event will Scratch and its third party licensors be liable to Licensee for any loss or damage of any kind arising from Licensee's use or inability to use the Software, or from faults or defects in the Software whether caused by negligence or otherwise. Scratch and its third party licensors shall not be liable for any direct, indirect, special, incidental or consequential damage, whether in contract, tort or otherwise, arising out of any use of the Software or associated documentation.
Software receives ninety (90) days of free support (technical support, patches and free updates from date of original qualifying purchase) with each license purchased. Unless stated otherwise, this free support is only available through our online resource center. After such time, Licensee may purchase additional support services through an annual subscription license online by logging in to the online resources center. Scratch reserves the right to change this support policy at anytime.
Licensee must make every attempt to safeguard personal data and other files during installation, when upgrading, or when installing an update. Scratch does not assume responsibility for loss of data or any other losses that result from installation, upgrading, or updating of the software. Hard disks (including but not limited to all data or files related to Software) should be backed up on a regular basis and should always be backed up before you begin any installation tasks.
If access to Online Resource Center or services available through www.CollectProSoftware.com
shall be interrupted or delayed by an act of God, by acts of war, riot, or civil commotion, or by an act of State, by strikes, fire, flood, or by the occurrence of any other event beyond the control of Scratch hereto, Scratch shall be excused from such performance for the same amount of time as such occurrence shall have lasted or such period of time as is reasonably necessary after such occurrence abates for the effect thereof to be dissipated.
Scratch neither assumes nor accepts any liability for any loss, damage, theft, misuse, malfunction, etc. of Software, data or anything else that Licensee may own, regardless of the cause or reason for any such misfortune. Scratch, it’s officers, and employees will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party . These policies, terms, and conditions may be subject to change without notice.
Last Updated: February 1, 2010