FEDMINE.™Access Use License Terms & Conditions
FEDMINE.US™ END USER ONLINE ACCESS USE LICENSE AGREEMENT
IMPORTANT: YOU SHOULD CAREFULLY READ THIS LEGAL AGREEMENT BEFORE USING THIS SOFTWARE. THIS THE SAME AGREEMENT YOU ACCEPTED WHEN YOU SIGNED UP FOR A TRIAL OR PURCHASED ONE OF OUR PRODUCTS.
THEREFORE, BY ACCESSING THE FEDMINE ONLINE SOFTWARE, WHETHER YOU SIGNED IN FROM A FREE TRIAL, A PAID TRIAL, A DEMONSTRATION THAT PROVIDED YOU A LOGIN, AND / OR FROM ANY PAID SUBSCRIPTION OF ANY KIND OF FEDMINE PRODUCT, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE THAT YOU WILL BE LEGALLY BOUND BY THEM. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT CONTINUE ANY FURTHER ACCESS TO THIS SOFTWARE, AND CALL 301-279-7575 OR EMAIL: firstname.lastname@example.org IMMEDIATELY TO TERMINATE USE OF THE SOFTWARE.
HOWEVER, IN NO EVENT ANY KIND OF REFUND CAN BE ISSUED, OR BE SUBJECT TO A DISCUSSION TO PRECLUDE ONE, ONCE YOU ACCEPT TO PAY VERBALLY OR THROUGH A PURCHASE ORDER, OR HAVE ALREADY PAID TO ACCESS THE ONLINE SOFTWARE.
FEDMINE TRIAL AND FEDMINE PAID SUBSCRIPTION LICENSE TERMS
FEDMINE, LLC (“FEDMINE”), is the rightful owner of all trademarks, future patents and improvements, and all other patents and trademarks, including pending patents if any, in connection to all forms of the FEDMINE software application, including any online version and desktop computer based installations, and it hereby grants you the (“Customer”) a license to use the online version of a FEDMINE Trial and/or the online version of a FEDMINE Paid Subscription after receipt of payment, including available on-line documentation, for your use and/ or evaluation of FEDMINE, subject to the separate applicable provisions below. FEDMINE incorporates and includes in the FEDMINE Trial and FEDMINE Paid Subscription, some free downloadable information, however the rights of its use are subject to the same terms and conditions as for FEDMINE. The rights of any and all versions of the FEDMINE online subscription or Trial products, including use of the FEDMINE documentation and knowledgebase, are owned by FEDMINE, and include all FEDMINE web domains, and maintenance releases to the program itself.
For purposes of the provisions contained below, the term “Customer” or “Client” shall apply to, or be defined as, a US or foreign government agency or sub-agency, an organizational unit within a department of a domestic or foreign government agency, sovereign state, defense or military organization, or other United States federal, state, municipal, local or county government, all forms of legal entities such as but not limited to legally formed corporations, religious institutions, colleges and universities and all other educational institutions around the globe, all authorized forms of legal organizations allowed to conduct business as per the laws of their respective jurisdictions both domestic and foreign, limited liability firms, Sole Proprietors, etc., whether incorporated outside of the United States of America or not, including organizational units of domestic and foreign entities of all forms of governments, military organizations and legal business entities, quasi government departments and government owned corporations, trade associations, non-profit organizations and all forms of professional organizations, trade or other commercial entities authorized to do business in or from the jurisdiction they are headquartered or conduct business from, other international corporations authorized to do business in the United States of America, or any other individual or legal entity that can avail the products and or services of FEDMINE , LLC, including FEDMINE, unless expressly stated otherwise.
I. LICENSE FOR TRIAL VERSION OF FEDMINE (FEDMINE TRIAL)
Customer may use a Free FEDMINE Trial to access FEDMINE during the Trial Period of, starting on the date of the first login time and date into FEDMINE. Customer may purchase a FEDMINE Online Paid Subscription product at the end of a Trial Period if deemed necessary, however, each Customer is allowed only one Free FEDMINE Trial over a 90 day period, and no more than two FEDMINE Trials in a given calendar year.
Customer agrees that the FEDMINE Trial and FEDMINE Paid Subscription, may contain certain limitations, whether actual or perceived by Customer, and if informed by Customer of such limitations, FEDMINE may choose to cure such limitations, change or delete the limitation in its entirety, or enhance it over time, or otherwise exercise its sole discretion in connection with any and all limitations without notice or obligation on the part of FEDMINE to inform the Customer. It is the Customer’s responsibility to evaluate such real or perceived limitations at their own time and expense, and abide by them during the paid use of FEDMINE. The Customer agrees to be legally bound by such limitations when using any form of FEDMINE, whether a Trial version or paid subscription.
II. LICENSE FOR FEDMINE PAID SUBSCRIPTION VERSION
A Customer who purchases a license to an annual subscription license for access to whole or certain portions of a FEDMINE Paid Subscription, is granted a non-exclusive user license to access only the purchased portion(s) of a FEDMINE Paid Subscription to the maximum allowed number of user licenses on the subscription. No other use or access is allowed. FEDMINE enforces provisions of this Agreement that limits the Customer to use of the appropriate number of concurrent licenses purchased by Customer for FEDMINE Paid Subscription licenses only.
If a Customer has more potential users than the license allowed, Customer shall purchase additional FEDMINE Paid Subscription licenses for each additional user the Customer wishes to grant access to use FEDMINE.
Customer is strictly prohibited from using the FEDMINE Paid Subscription for commercial timesharing, sharing their license with vendors and partners, their subsidiaries, or any other entity other than itself. The access license is for a unique entity, and a unique entity defined for the purpose of a FEDMINE Online Paid Subscription will be according to the rules established by the Internal Revenue Service, US Department of Treasury, United States Of America for classifying what constitutes an individual tax paying entity. Customer further agrees to not rent FEDMINE Paid Subscription license to other parties.
ONLINE ACTIVATION: Customer hereby agrees and accepts the FEDMINE online payment and activation process as the preferred payment method for any and all FEDMINE Paid Online Subscription Products. FEDMINE may check the validity of a Customer by contacting an Internet Authority, and/ or a third party certificate authority server for authentication purposes. Customer agrees that prior to granting any paid or trial online access to the FEDMINE application, it shall abide by this authentication process if it is deemed necessary.
FEDMINE PAID SUBSCRIPTION USERS MANAGEMENT SYSTEM:
Data saved by Customer during use of the FEDMINE Paid Subscription online access is stored in the FEDMINE Paid Subscription User System. Customer agrees that this data is not owned by the Customer, except that it has the rights to use the data if it remains in good standing as a paid Online Subscriber.
Customer allows FEDMINE to send infrequent product update notifications, newsletters, promotional offers, upgraded feature information, press releases, newly released product information, new or existing vendor partnership announcements, to email and postal addresses stored in the database in the Customer’s file.
REFUNDS: The activation and subsequent use of FEDMINE Paid Subscription begins only when full payment is received by FEDMINE for the appropriate number of licenses purchased by Customer, and it covers the length of term described in the purchased product for Customer’s access and use of FEDMINE. No refunds are offered once the service is purchased and activated.
Acceptable forms of payment are in US dollars, or other acceptable currency subject to the proper calculation in US dollars of the exchange from that currency to the agreed upon price. All discrepancies in calculation of currency exchange amounts will be settled by and be in favor of the US dollar by default.
Only United States Government Customers may purchase the FEDMINE Paid Subscription with an issuance of a valid government purchase order, for payment to be made within thirty days. All Customers not fully paid in accordance with their due terms of payment, will be subject to the immediate denial of access to a FEDMINE Paid Subscription service. Exceptions to this policy are rare, and at the sole discretion of FEDMINE.
III. GENERAL PROVISIONS FOR FEDMINE TRIAL AND FEDMINE PAID SUBSCRIPTION
Customer shall not cause or permit reverse engineering, disassembly, copying, downloading application specific files, or de-compilation of the FEDMINE online application in any manner whatsoever.
COPYRIGHT/OWNERSHIP OF PROGRAM: FEDMINE is the proprietary product of FEDMINE , LLC, and is protected by copyright & copyright infringement laws, trade secret acts, or any and all applicable intellectual property laws it can legally benefit from.
When a Customer purchases a FEDMINE Online Subscription License, it acquires only the right to access the online FEDMINE application for the Term the purchase covers, and does not in any manner acquire any rights, expressed or implied, in the FEDMINE product or media containing the FEDMINE application, other than those specified in this License Agreement.
FEDMINE , LLC or its designated licensor, shall at all times retain all rights, title, interest, including intellectual property rights, and all FEDMINE media containing the FEDMINE application and trademarks.
NON-TRANSMISSION OF PERSONAL DATA: FEDMINE states that it collects subscription specific and non-subscription browsing information about its users who access its web servers, such as but not limited to the number of times a user logs in to access the FEDMINE application on the Internet, number of downloads made by Customer, unsuccessful login attempts, and other similar but non-personal information.
FEDMINE does NOT transmit any data that is contained in the database to other servers on the Internet. However, a Customer’s computer may have automated software that helps pre-fill or causes FEDMINE to accept an online form with personal data from Customer, then the submission of this form will result in data being sent over the Internet by Customer, at the sole risk of Customer, and shall be deemed to have been voluntarily submitted by Customer to FEDMINE. In any event, FEDMINE shall not transmit any kind of data received from any Customer to any third party in a non-routine manner.
TRANSMISSION OF DATA IN AUTO-UPDATE:
FEDMINE communicates the availability of any update or new version or other security patches approximately once a day to its online application. If it finds a version that is newer than the version that you (the Customer) are accessing, FEDMINE installs that update. This does not affect customer data in any manner whatsover.
Some data contained in FEDMINE is no longer available directly from the federal government, such as data we obtained from the Central Contractor Registry on CD ROM prior to the end of the year 2004. Although this data is constantly updated from various other government sources, company websites, personal contacts etc., it is still no substitute for the quality that was previously available directly from the government, hence it may seem a bit outdated. Also, data pertinent to a company’s telephone number and email address may not be current at all times, and may become unavailable for any reason during the paid Online Subscription of the Customer. Further, if a company does not provide such data or is no longer available or willing to provide it, FEDMINE is not liable if it shows older data for any of the following elements but not limited to: E-mail address, telephone number, street address, alternate email addresses in an organization, Cage Code, DUNS number, Level of Secret clearance of facility and employees, and any data pertinent to a company’s employees and overall existence. Data in FEDMINE may be augmented from publicly available sources of information as deemed necessary in the future to counter the non availability of corporate data, however the reliability of which cannot be guaranteed at all times.
The registration data may also be different from similar data stored in a Customer’s registration profile or identity. Customers are allowed to edit Registration Data as deemed appropriate, however, for security reasons certain fields are unavailable to be updated to maintain authenticity of the data as much as possible. Please call FEDMINE if you as the Customer would like to suggest making a change that is restricted to you in FEDMINE. FEDMINE does not guarantee such changes will be accommodated, but will work with you to resolve outdated data related to you in our database. FEDMINE works hard to keep registration data as accurate and complete as possible, however, sometimes it is possible it may be not present at all (empty values in all fields).
NO WARRANTIES OF ANY KIND: FEDMINE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FEDMINE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN FEDMINE WILL MEET YOUR REQUIREMENTS OR OPERATE IN AN ENVIRONMENT CREATED BY YOU OR THAT THE OPERATION OF FEDMINE WILL BE UNINTERRUPTED OR WITHOUT ERROR, OR
THAT FEDMINE ERRORS WILL BE CORRECTED. THE ENTIRE RELATED RISK IN CONNECTION WITH THE PERFORMANCE OF FEDMINE IS WITH YOU.
FEDMINE FURTHER DOES NOT WARRANT THAT PRIVATE INFORMATION THAT BELONGS TO YOU AND THAT YOU STORE IN FEDMINE WILL NOT BE STOLEN OR OTHERWISE ACQUIRED BY EMPLOYEES AND THIRD PARTIES
OR TRANSFERRED IN A MERGER OR AN ACQUISITION OF THE COMPANY, SUCH AS THE SALE OF ALL IT’S PRODUCTS TO ANOTHER OWNER, PERSON , COMPANY OR ENTITY.
LIMITATION OF LIABILITY: NEITHER FEDMINE NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES CAUSED BY THE USE OF FEDMINE BY IT’S CUSTOMERS INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, REVENUE, DATA, HOWEVER INCURRED BY CUSTOMER OR ANY THIRD PARTY DURING USE OF FEDMINE, EVEN IF FEDMINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION: This License is effective until the expiry of the term of the license, or until pre-maturely terminated, for any one of the following reasons: through a denial of service due to non-payment of dues or past due balances, unauthorized copying or downloading of data into another system owned by you or your affiliate, using your FEDMINE subscription to aid an unkown third pary or a competitor of FEDMINE, reverse engineering the product or using your subsription to aid another third party to reverse engineer the product, or otherwise using your subscription for purposes other than those for which the software is intended. The license will also expire upon the expiration of any FREE Trial period whenever applicable.
This License will terminate immediately without notice from FEDMINE OR FROM A RESELLER IF YOU PURCHASED YOUR LICENSE FROM A FEDMINE AUTHORIZED RESELLER, if you fail to comply with any provision of this License mentioned in the TERMINATION clause above. Upon termination or expiration of this License you must cease access to FEDMINE in its entirety. Any attempts to login by unorthodox means, such as unauthorized breakins through use of malicious software code, or by trying to harm the system in a manner to cause monetary or physical loss of data and other property shall be enough grounds for legal action.
TRADEMARKS: FEDMINE (R), FEDMINE Trial, FEDMINE Paid Subscription, FEDCONNECT Portal, FEDCONNECT Portal Viewer and FEDMINE , LLC are trademarks and/or trade names owned by FEDMINE , LLC.
ANY UNAUTHORIZED USE OF THESE TRADEMARKS AND/OR TRADE NAMES OR ANY OTHER INTELLECTUAL PROPERTY OWNED BY FEDMINE OR ITS LICENSORS IS PROHIBITED.
GOVERNMENT CUSTOMERS: If you are acquiring FEDMINE on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees that: (i) if FEDMINE is supplied to the Department of Defense (DoD),FEDMINE is classified as “Commercial Computer Software” and the government is acquiring only “restricted rights” in FEDMINE and their documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if FEDMINE is supplied to any unit or agency of the United States Government other than DoD, the Government’s rights in FEDMINE and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.
EXPORT LAW ASSURANCE: Customer shall comply fully with all laws and regulations of the United States and other countries (Export Laws) to assure that neither FEDMINE, nor any direct products thereof are Exported, directly or indirectly, in violation of Export Laws, or are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. If FEDMINE has been rightfully obtained by you outside of the United States, you agree that you will not re-export FEDMINE nor any other content and technical data received, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained FEDMINE.
JURISDICTION AND DISPUTES: This Agreement shall be governed by the laws of Montgomery County, State of Maryland, United States of America. All disputes hereunder shall be resolved in the applicable state or federal courts of the State of Maryland.
The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. In any litigation arising out of this Agreement or related to use or function of FEDMINE, FEDMINE shall be entitled to all legal costs and attorney’s fees incurred in mediation, arbitration, suit and on appeal.
SEVERABILITY: If for any reason a court of competent jurisdictionfinds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License shall continue in full force and effect.
COMPLETE AGREEMENT: This License constitutes the entire agreement between the parties with respect to the use of FEDMINE and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized
representative of FEDMINE , LLC.