This copy of Dashboard OSM ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Dashboard OSM or its subsidiaries, affiliates, and suppliers (collectively "Dashboard OSM") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" CHECK BOX OPTION. AGREEING GIVES YOU THE ABILITY TO LOG IN, AND OPERATE THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO ACCESS THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE".
This Agreement entitles you to use one copy of the Software Product via the network connecting device that operates a HTML viewer. This Agreement does not permit the indirect use of multiple copies of the Software Product, or the directly copying the software for local installation at any given time. This Agreement does not permit multiple users accessing The Software using the same user account credentials. Multiple user account use is only allowed if you obtain an appropriate licensing agreement for each user associated with one account of the Software Product.
Payments & Fees
Any and all, fees for implementation and/or training paid in the method of but not limited to (credit card, wire transfer or check) is non refundable for any reason during trial full active periods. Monthly subscription fees are billed in 30 day increments. Service can be canceled at anytime prior to the next billing period. Prorated refunds are not given. If a subscription is canceled during an interim period, the next following billing cycle will not be charged which will effectively cancel the subscription. Subscriptions can be reinstated within 12 months after cancellation without loss of data. All data from inactive accounts will be erased from servers within 12 months of cancellation. Payment information is kept on file for recurring monthly automatic subscriptions. If you wish to be invoiced for subscription fees, credit references will be needed for the process of acceptance. All payments must be made to Dashboard OSM.
Restrictions on Transfer
Without first obtaining the express written consent of Dashboard OSM, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, share, or distribute user account login information, with any other person for access to your account. If you hold multiple, validly licensed copies, you may not use, copy, distribute or share login information with more than the number of users permitted by license, or permit the use than the number permitted by license.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
Development use via API credentials is allowed with the written consent of Dashboard OSM via the developer portal with its own unique Agreement.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Product which includes the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. A archival copies which must be stored on a medium other than a computer hard drive, are stored remotely under supervision of Dashboard OSM respectfully.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY Dashboard OSM, Dashboard OSM MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Dashboard OSM makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Dashboard OSM makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. Dashboard OSM WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL Dashboard OSM, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF Dashboard OSM OR ANY OTHER PARTY, EVEN IF Dashboard OSM IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS Dashboard OSM'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Data Integrity & Network Instability
Dashboard OSM makes no warranty for individual account data integrity. This includes, but not limited to, user error by deleting, updating or adding by features within The Software. Dashboard OSM makes no warranty for 'Guaranteed Up-Time' or 'Connectivity' from its given cloud based servers and the networks in which they access. The Software remains vulnerable depending on its current network provider and the Agreement from said company and Dashboard OSM. Dashboard OSM WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA RESULTING BY USER ERROR.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Dashboard OSM. Dashboard OSM reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Dashboard OSM is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Dashboard OSM to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Dashboard OSM harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Pennsylvania, without regard to Pennsylvania's conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Copyrights & Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed herein are registered and unregistered trademarks of Dashboard OSM, its affiliates and others. You can view trademarks owned by Dashboard OSM on LegalForce Trademark at this link: https://www.trademarkia.com/dashboard-online-sales-managment-software-86908446.html. Nothing contained herein should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed herein without the written permission of Dashboard OSM or such third party that may own the trademark displayed herein. Your misuse of the trademarks displayed herein, or any other content on this web site, except as provided herein, is strictly prohibited.