Time Off Tracker

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diligoHR – User Agreement

END-USER LICENSE AGREEMENT FOR diligoHR SOFTWARE PRODUCTS. IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: diligoHR End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and diligoHR, for the diligoHR software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and diligoHR, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.


The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.


1. GRANT OF LICENSE.

The SOFTWARE PRODUCT is licensed as follows:

(a) Use.

diligoHR grants you the right to use the SOFTWARE PRODUCT on a month to month subscription basis.

(b) Trial Version.

All options include a fully functional free 30 day trial.

(c) Cancellation.

There is no obligation to continue a subscription. Monthly billing will cease at the end of the month the subscription was cancelled.

(d) Data.

You can easily take your data via the reports provided in the system. Your data belongs entirely to you.

(e) Term.

The SOFTWARE PRODUCT is provided as a month to month subscription. You are billed monthly based on when you start and when you stop. diligoHR, in its sole discretion, may terminate a subscription with 10 days notice for failure to abide by this agreement. diligoHR reserves the right to terminate a subscription for failure to make timely payments, based on the terms stated on monthly billing, of a subscription.

(f) Pricing.

Monthly subscription pricing may change from time to time. Active accounts will be given at least 30 days notice of any price changes.


2. SOFTWARE MAINTENANCE AND UPGRADES.

(a) Product Access.

diligoHR will ensure active accounts are reasonably available to its customers. Accounts may be taken down temporarily for maintenance, for the addition of features or enhancements to the site, or for other general purposes as diligoHR sees fit. As a courtesy, diligoHR may inform customers of outages should they occur during business hours (defined as being between 8am and 5pm Mountain Standard Time).

(b) Maintenance.

diligoHR will maintain the software for active customer. Maintenance may require reasonable downtime as noted in 2(a).

(c) Features and Enhancements.

diligoHR will, from time to time, and at its own discretion add new features and make enhancements to the software. User feedback may influence which enhancements and features are provided. We know that our product's value is based on its ability to solve a customer's problems. We also know that our customers may look elsewhere if we don't continually improve our products. This gives us an incentive to continually improve our products and services. Typical enhancements are included in the monthly subscription fee. The monthly subscription fees will only change with sufficient notice as outlined in 1(f).


3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Maintenance of Copyright Notices.

You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.

(b) Distribution.

You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available for download from diligoHR's websites may be freely distributed.

(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly.

You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(d) Rental.

You may not rent, lease, or lend the SOFTWARE PRODUCT.

(e) Support Services.

diligoHR may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.

(f) Compliance with Applicable Laws.

You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.


4. TERMINATION 

Without prejudice to any other rights, diligoHR may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.


5. COPYRIGHT

All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by diligoHR or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by diligoHR.


6. LIMITED WARRANTIES

diligoHR warrants that the software product does not infringe upon the intellectual property rights of any third party and that it has the right to license the software product to you under this EULA. diligoHR expressly disclaims any other warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, or fitness of a particular purpose. diligoHR does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. diligoHR makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. diligoHR further expressly disclaims any warranty or representation to Authorized Users or to any third party.


7. LIMITATION OF LIABILITY

In no event shall diligoHR be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if diligoHR has been advised of the possibility of such damages. In no event will diligoHR be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. diligoHR shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.