Terms and Condition
In consideration for use of the Software and Service, Licensee hereby agrees to the following terms and conditions:
1. DEFINITIONS. The following definitions shall apply to this Agreement:
“Software” shall mean the object code, client version of GFTL LLC`s Streamline software.
“Service” shall mean GFTL LLC`s communication services (including its website, servers, scripts, programming code for providing communication functionality, and the telecommunication systems for connectivity and delivery of communication messages), which is provided in connection with its Software.
2. GRANT OF LICENSE. GFTL LLC hereby grants the Licensee a non-exclusive, non-transferable, non-sublicensable, revocable license (“License”) to use a single copy of the Software solely for Licensee's personal purposes in accordance with the terms of this Agreement. The Software is licensed, and not sold, to the Licensee.
3. RESTRICTIONS. Licensee shall not, and shall not permit any third party to,(i) disassemble, reverse compile, reverse engineer, improve upon, make derivative works from or modify the Software or Service or take any action in order to derive a source code equivalent of the Software or Service; (ii) incorporate, bundle or pre-load the Software or Service into any storage medium of another computing device ; (iii) copy or distribute all or any part of the Software or Service, provided, however, if the Software is not copy protected, Licensee may make one internal backup or archival copy, or transfer one copy of the Software to a single hard disk provided the Licensee keeps the original Software solely for backup or archival purposes. Any such copy of the Software made by the Licensee shall bear all copyright,trademark and other GFTL LLC intellectual property rights notices on such copy; (iv) rent, sell, lease, sublicense or transfer the Software or access to the Service; and (v) illegally access the Service or attempt to acquire the password or personal information of others through the Service or its website.
Any use of the Software or Service that is contrary to the restrictions set forth above is an unlicensed and illegal use. GFTL LLC reserves the right to terminate this Agreement and/or seek other remedial action in the event it becomes aware of any unlicensed or illegal use of the Software or Service.
4. TITLE AND PROPRIETARY INFORMATION. “Intellectual Property Rights” shall include all functional and ornamental aspects of the Software, Services, including of any screen displays, all websites provided by GFTL LLC with its Services, technical notes, computer program code, scripts, training materials, and works of authorship that may?form a part of the Software or Services or are generated or provided by GFTL LLC as part of its Services, all related technology, all training methods and materials, all GFTL LLC trademarks and names, and all other proprietary information of GFTL LLC, including patent, patent applications, patentable subject matter developed by GFTL LLC, trade secrets (including data, programming code etc.) trademark, copyright, and all other intellectual property rights therein. Except for the limited license granted herein, the Software, Service and all related documentation and materials, and all Intellectual Property Rights contained therein, are and shall remain the sole and exclusive property of GFTL LLC. All rights and licenses not expressly granted to the Intellectual Property Rights as part of this Agreement are reserved by GFTL LLC.
5. MAINTENANCE AND SUPPORT. During the term of this Agreement, GFTL LLC shall use its reasonable efforts to provide technical support of the Software or Service according to its support policies. Such technical support shall be available by email communication in the English language and shall be available during GFTL LLC’s regular business hours subject to further restrictions, which may be set forth in its web site(s) or elsewhere.
6. SERVICE. During the term of the Service portion of this Agreement as defined in Section 12, GFTL LLC shall provide you with access to the Service. To use the Service on mobile devices, you must obtain access to the World Wide Web, and pay any service fees associated with such access. To use the Service on handheld computers and devices, you must either obtain access to the World Wide Web on such computers or devices or/and use a special version of the Software that allows you to use the Service, and pay any service fees associated with such access. You must also obtain all additional equipment and software necessary to make connections to the World Wide Web at your own expense.
7. REGISTERING FOR THE SERVICE. In consideration of GFTL LLC enabling you to use the Service, you agree to: (i) provide to GFTL LLC true, accurate, current and complete information about you (the “User Data”) when registering for the Service; and (ii) maintain and promptly update the User Data provided to GFTL LLC to ensure that it is true, accurate, current and complete. All User Data that we acquire about you shall be subject to our written Privacy Policy, available at the GFTL LLC’s website (www.Streamline.com). If you provide any information that is untrue, inaccurate, not current or incomplete, or if GFTL LLC has reason to suspect that such information is untrue, inaccurate, not current or incomplete, GFTL LLC may suspend or terminate your account and refuse you any and all current or future use of the Service (or any portion thereof). Notwithstanding any other restrictions or limitations of this Agreement, you will not provide any information or data about yourself to GFTL LLC if you are under the age of 13, and you will not provide any information (including email addresses) about or associated with any individual other than yourself.
You acknowledge and agree that the loss of any and all current or future use of the Service may temporarily or permanently deprive you of access to information you have created or transferred using the Service. Unless explicitly stated otherwise in additional rules, terms and conditions that broaden access to certain areas of the Service, you must be at least 18 years old to access the Service. You will receive a Username and Password upon completing the registration process. You are responsible for any and all activities that occur under your Username and Password, and you are responsible for maintaining the confidentiality of your Username and Password. You agree to (i) immediately notify GFTL LLC of any unauthorized use of your Username and Password or any other breach of security of the Service, and (ii) ensure that you exit from the Service at the end of each use of the Service. It is your sole responsibility to prepare archives and backups of your data. You agree that GFTL LLC shall not be liable for any loss or damage arising from your failure to comply with the provisions of this Section.
8. USE OF THE SERVICE / MEMBER CONDUCT. You are solely responsible for all information created and transmitted or received by you in the course of your use of the Service, including, but not limited to, your updates to other parties` information obtained by you in the course of your use of the Service.GFTL LLC does not control, edit or monitor information transmitted or stored in the Service and, as such, does not warrant the accuracy, integrity or quality of such information. You agree that under no circumstances will GFTL LLC be liable in any way for any errors or omissions in any information, or for any loss or damage of any kind incurred as a result of the use of any information, emailed or otherwise transmitted via the Service. You agree to comply with all and any local, national, and international laws, rules and regulations (“Laws”) regarding online conduct and the transmission of information on the Internet. Specifically, you agree to comply with all Laws regarding the transmission of technical data exported from the United States or in the country in which you reside. You agree to not use the Service to: (i) transmit any information that is unlawful, threatening, harmful, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another`s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm or harass any person or entity in any way; (iii) impersonate any person or entity, including, but not limited to, GFTL LLC, an GFTL LLC agent or employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity; (iv) forge or otherwise manipulate any identifying information in order to disguise the origin of any information transmitted through, or stored in the Service; (v) transmit any information that you do not have a right to transmit under any Law or under any contractual or fiduciary relationships (such as insider, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) transmit any information that infringes any party's intellectual property rights, including, but not limited to patents, trademarks, trade secrets, and copyrights; (vii) use the Service to upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional or commercial materials, generate spam or unsolicited email(s), spoof the email addresses of others, or send commercial solicitations, “junk mail”, “chain letters” or promotions for “pyramid schemes”; (viii) transmit any material that contains any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, including, but not limited to software viruses, “worms”, “bombs”, etc.; (ix) interfere with or disrupt the Service or servers or networks utilized in the operation of the Service, or disobey any requirements, procedures, policies or regulations of networks utilized in the operation of the Service; (x) intentionally or unintentionally violate any applicable Law; (xi) collect, store or expose personal data about other users and/or content posted or otherwise transmitted via the Service by other users without their express permission.
9. MONITORING AND REMOVAL OF INFORMATION. You acknowledge that GFTL LLC does not pre-screen information during the regular operation of the Service, but that GFTL LLC and its designees shall have the right (but not the obligation), in their sole discretion, to refuse transmission of any information that Licensee seeks to send or receive via the Service. Without limiting the foregoing, GFTL LLC and its designees shall have the right to refuse or remove any information that violates this Agreement or is otherwise objectionable, in GFTL LLC sole judgment, or unlawful. You agree that you must evaluate, and bear all risks and costs associated with the use of any information obtained through the Service, including any reliance on the accuracy, completeness, or usefulness of such information. GFTL LLC and you agree that a message transmitted via the Service is private correspondence between the sender and the recipient(s). GFTL LLC will not monitor, edit, or disclose the contents of Licensee`s private communications, except in the following circumstances: (i) if required to do so by applicable Laws, by any government entity or under subpoena; (ii) we may disclose the contents of your private communications to enforce the Agreement and any applicable additional rules, terms and conditions against you; (iii) to protect the rights, property, or personal safety of GFTL LLC, its employees, agents, other licensees and the public. You understand that technical processing and transmission of information via the Service, including information posted by you, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. GFTL LC disclaims all responsibility for faulty network transmission, interception of communications outside of the Service, and any links or other external resources accessible via the Service. GFTL LLC further disclaims all responsibility for interruptions or suspensions of the Service (in a manner applicable to all licensees) for any reason.
10. INDEMNIFICATION. You agree to indemnify, defend and hold GFTL LLC, its employees, members, managers, officers, subsidiaries, affiliates, agents or other partners, harmless from any claims, liabilities, (including third party claims and liabilities), demands, damages, losses, costs and expenses, including reasonable attorneys` fees, due to or arising out of or relating to your use of the Software or the Service, including, but not limited to (i) any breach by you of this Agreement and (ii) any information or other content submitted, posted to or transmitted through the Service to or from you.
11. WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY.IN ADDITION TO OTHER DISCLAIMERS SET FORTH HEREIN, GFTL LLC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE AND THE SERVICE. THE SOFTWARE AND THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. GFTL CORPORATION SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR THE LIKE. IN NO EVENT WILL GFTL LLC BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, RELIANCE, INCIDENTAL, SPECIAL, DIRECT OR INDIRECT DAMAGES SUFFERED BY LICENSEE (WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF CUSTOMERS, LOSS OF BUSINESS INFORMATION, LOSS OF USE OF ANY SOFTWARE, DATA, E-MAILS, OR TEXTS, COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE, SERVICES OR TECHNOLOGY, BUSINESS INTERRUPTION, DELAYS OR FAILURE TO DELIVER E-MAILS, TEXTS OR DATA, INCLUDING INTERRUPTION OF THE SERVICE, SOFTWARE OR COMPUTER FAILURE, BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET OR OTHER MEANS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY PERSONAL INJURY OR INJURY TO PROPERTY, OR ANY OTHER CAUSE, EVEN IF GFTL LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Licensee agrees that regardless of any statute or law to the contrary, any claim or cause of action arising from this Agreement, the Software or the Service must be filed within one (1) year after such claim or cause of action arises. To the extent that Licensee may be entitled to any recovery, such recovery shall belimited to the fees collected by GFTL LLC from such Licensee under this Agreement.
12.TERM; TERMINATION.
(i) Unless earlier terminated pursuant to the terms of this Agreement, the term of the Service shall commence upon your registration for the Service and shall terminate automatically without notice from GFTL LLC according to the term of the Service purchased by you from GFTL LLC or its licensed distributors, resellers, distributors, dealers, agents or partners, or granted to you otherwise by GFTL LLC. (ii) This Agreement shall also terminate automatically upon notice from GFTL LLC to Licensee if (a) you fail to comply with any term(s) of this Agreement; (b) you attempt to transfer any or all of your rights under this Agreement to another person or entity; or (c) GFTL LLC sends you a new software license agreement, which conditions your continued use of the Software and/or the Service upon acceptance of such new agreement. (iii) GFTL LLC reserves the right to disable any beta, trial or demo versions of Software and Service without prior notice. In case if such disabling takes effect, this Agreement shall immediately terminate.? (iv) Termination of this Agreement shall be without prejudice to any rights or liabilities accrued at the date of the termination. Upon effectiveness of the termination, all rights and licenses of Licensee to use the Software and the Service under this Agreement shall terminate. Upon termination of this Agreement, you shall cease all use of the Software and Service and destroy all copies of the Software and all associated documentation in your possession or control.? (v) The following Sections shall survive termination: 9, 10, 11 and 12.(vi) In addition to the foregoing, GFTL LLC may, in its sole discretion, temporarily suspend or terminate your User Name, Password, and your use of the beta, trial or demo versions of the Service, and remove and discard any information posted within the Service on your behalf, for any reason, including, without limitation, for lack of use or if GFTL LLC reasonably believes that you have violated or acted inconsistently with the terms and conditions of this Agreement and/or any additional rules, terms and conditions that have been made available to you on GFTL LLC’s web site (www.Streamline.com) in conjunction with this Agreement. GFTL LLC may also, in its sole discretion and at any time, discontinue providing the Service, or any portion thereof, with or without notice, whether or not the Software license remains valid. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that GFTL LLC may immediately deactivate or delete your account and all related information in your account and/or bar any further access to such files or the Service. Further, you agree that GFTL LLC shall not be liable to you or any third-party for any termination of your access to the Service.
13. CANCELLATION AND REFUND POLICY. We believe in providing value to our clients and thus (unlike some other providers) we will not hold you to an annual or multi year contract for services. Our services are offered on a month-to-month contract only. If at any time you may decide that we may not be the right fit for your business, you may cancel the service with a 30 day advance notice. We do, however, require a writing advance notice for such cancellation via a text message to 703-596-8989 or an email to billing@Streamline.com. 30 days after receipt of such notice your billing will end and your services will be terminated. Additionally, we are a telecommunication company and as such, no refunds would be issued for any reason, once your services have been installed. You may cancel your services per your 30 day advance notice cancellation policy, but we do not offer refunds. It is required that you evaluate our service offering for your business prior to placement of any order. We are happy to provide you plenty of demonstrations as well as a test account for up to 3 days.
14. EXPORT CONTROL. Licensee shall comply with all applicable export laws, restrictions and regulations of the United States or the applicable foreign agency or authority. Licensee will not export or re-export or allow the export or re-export the Software, or any product, technology, or information it obtains or learns of pursuant to this Agreement in violation of any such laws, restrictions or regulations.
15. ASSIGNMENTS AND TRANSFERS. This Agreement may not be assigned, sublicensed, re-marketed or otherwise transferred, voluntarily or otherwise, without the prior written approval of GFTL LLC.
16. SEVERABILITY / GOVERNING LAW / ENTIRE AGREEMENT. Should any provision of this Agreement be deemed by a court of competent jurisdiction to be invalid, ineffective, unenforceable, or unlawful, under present or future laws, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. This Agreement is governed by the laws of the State of Virginia, without regard to its conflicts of law provisions or the United Nations Convention on Contracts for the International Sale of Goods. Licensee agrees that venue for any dispute arising hereunder shall be proper in the applicable state or federal court sitting in Virginia. Licensee acknowledges it has read this Agreement and agrees that it is the complete and exclusive statement of the agreement between the parties, and that this Agreement supersedes all prior proposals and understandings, oral and written, relating to the subject matter of this Agreement. This Agreement shall not be modified or rescinded except in a written instrument signed by both parties. The terms and conditions of any present or future documents submitted by Licensee which conflict with, or in any way purport to amend this Agreement, are specifically objected to by GFTL LLC and shall be of no force or effect.
17. U.S. GOVERNMENT RESTRICTED RIGHTSThe Software is provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 52.227-7013.
The contractor/ manufacturer of this Software is:
GFTL LLC d/b/a
Streamline.com
8300 Greensboro Drive, Suite 800
McLean, VA 22102
U.S.A.
