Stack Advisors Ezdeploy

Effective starting January 15th, 2019 – Last update May 24th, 2023

IMPORTANT! READ CAREFULLY: This Stack Advisors, LLC END SOFTWARE AS A SERVICE TERMS AND USER LICENSE AGREEMENT (hereinafter referred to as EULA) is a legal agreement between you, either an individual or a single entity, (hereinafter referred to as YOU or LICENSEE) and Stack Advisors, LLC (hereinafter referred to as STACK ADVISORS) for the specific STACK ADVISORS SAAS PRODUCT (hereinafter referred to as PRODUCT) you have acquired or are using or accessing, which includes computer software and associated media and documentation. By registering for use, configuring in the portal, exporting instal agents, or otherwise using the PRODUCT, you agree to be bound by the terms of this EULA.

If you do not agree with the present EULA, you are not authorized to install, to copy or to otherwise use the PRODUCT. Obtaining the ownership of the material support of the PRODUCT only, shall not grant you any right to install, to copy, to use, or to otherwise exploit the PRODUCT.

The license granted by this EULA commences on the date that you register to first use the PRODUCT. The license shall be effective with an active subscription, except if otherwise expressly provided in writing by Stack Advisors, LLC.

The PRODUCT is licensed for use with an active paid subscription, not sold. The acceptance of any purchase placed by you is expressly made conditioned on your assent to the terms set forth herein, and not those set by you within the purchase. All rights of any kind, which are not expressly granted by the present EULA, are entirely and exclusively reserved to and by STACK ADVISORS.

1) Grant of License

1.1) Standard License

Except as set forth below, this license grants you the non-exclusive and non-transferable right to install and use the copy of the PRODUCT on your computer only, solely for your individual or company use. Any inclusion in your own software,  distribution, publication, or other attempt to share (including without limitation providing any content of the PRODUCT through an external marketplace or similar mechanism) or otherwise disclose PRODUCT, or any work based on or including portions of the PRODUCT, is expressly prohibited.

One License for the PRODUCT may only be shared with other companies with the permission of STACK ADVISORS. The PRODUCT may not be shared across multiple companies not authorized to use the PRODUCT pursuant to this EULA.

STACK ADVISORS has the right to discontinue maintenance, releases and providing content updates to the PRODUCT.

You may, upon prior written notice to STACK ADVISORS, assign or otherwise transfer this EULA to the surviving entity as a result of a merger, acquisition or reorganization or a sale of substantially all of your assets or stock.

2) General rights and limitations

2.1) Storage

You may also store agents or installers of the PRODUCT for use or testing purposes.

2.2) Ownership and Derivative works

STACK ADVISORS retains all right, title and interest, including all intellectual property rights, in and to the PRODUCT and any and all related or underlying technology, and any modifications or derivative works of the foregoing created by or for STACK ADVISORS. In addition, STACK ADVISORS reserves all rights not expressly granted by this EULA including, without limitation, modification rights, translation rights, rights to source code etc. You are not allowed to create, or to allow creation of any kind of derivative works or products, from the PRODUCT. You are strictly forbidden to add, change, modify, erase features and / or interfaces related to the PRODUCT, or to in any other way create or alter such features and / or interfaces. You are also forbidden to allow any other individual or entity to add, change, modify, erase features and / or interfaces related to the PRODUCT, or to in any other way create or alter such features and / or interfaces. You must obtain STACK ADVISORS’s express, prior written approval to create derivative works of any kind from the PRODUCT, of which approval may be withheld at STACK ADVISORS’s sole discretion.

2.3) Reverse Engineering

With the exception of any custom items you have created to use within the PRODUCT interface, you may not modify, translate, reverse engineer, recompile, disassemble or create derivative works based on the PRODUCT, or any portion thereof.

2.4) Copying

You may not copy the PRODUCT, or any portion thereof, except as expressly provided by this EULA.

2.5) Transfer

You may not sell, loan, rent, lease or any other way transfer the PRODUCT, or any portion thereof, except as expressly provided by this EULA.

2.6) Proprietary Notices

You may not remove, add or modify any proprietary notices, labels or marks on the PRODUCT, or any portion thereof.

2.7) Use of STACK ADVISORS’ OR ezdeploy’s name

You may not use STACK ADVISORS’ or ezdeploy’s name(s), logo(s), or trademark(s) in any manner including, without limitation, in your advertising or marketing materials without written consent.

You may not use any name or trademark confusingly similar to STACK ADVISORS or the PRODUCT. In addition, you may not use any name or trademark confusingly similar to any STACK ADVISORS licensed third party. You may not interfere with or diminish STACK ADVISORS’s right, title and/or interest in the STACK ADVISORS or licensed third party’s trademark(s), trade name(s) or product name(s).

3) Termination

The license will automatically terminate if you fail to comply with the obligation and limitations herein described. The license will automatically terminate if you fail to accept the payment terms and maintain an active subscription. On termination your account will be closed and ezdeploy may delete all account information related to your subscription of the PRODUCT. There shall be no refund or adjustment for any amounts paid by you to STACK ADVISORS for the PRODUCT in accordance with this Section 3. The provisions of this EULA which by their nature extend beyond the termination date of the EULA will survive and remain in effect and enforceable until all obligations are fully satisfied.

4) Limited warranty

This PRODUCT and the accompanying services are provided as is and without warranties as to performance or merchantability or any other warranties whether expressed or implied. Because of the various hardware and software environments into which the PRODUCT may be used, no warranty or fitness for a particular purpose is offered.

Proper data processing procedure dictates that your use of the PRODUCT should be thoroughly tested with non-critical data prior to reliance on the program or PRODUCT. You hereby agree to assume the entire risk of using the program or PRODUCT.

STACK ADVISORS will use reasonable commercial efforts to provide solutions for any reported bugs. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY STACK ADVISORS. STACK ADVISORS MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. NO STACK ADVISORS PARTNER, DISTRIBUTOR, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. This warranty shall not apply if the PRODUCT is used on or in conjunction with hardware or software other than the unmodified version of hardware and software which the PRODUCT was designed to be used as described in the Documentation.

5) Limitation of liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL STACK ADVISORS OR ITS PARTNERS OR DISTRIBUTORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF STACK ADVISORS’ MONTHLY LIST PRICE FOR A SUBSCRIPTION TO THE PRODUCT AND DOCUMENTATION, EVEN IF STACK ADVISORS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. STACK ADVISORS’ AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO STACK ADVISORS FOR THE PRODUCT.

6) Copyright. STACK ADVISORS Infringement Indemnification

All intellectual property rights in and to the PRODUCT and Documentation are the property of STACK ADVISORS. All intellectual property rights related to the PRODUCT will at all times remain the property of STACK ADVISORS. United States copyright law, local copyright law and international treaties protect the PRODUCT as well as the rights related to it.

STACK ADVISORS will hold you harmless, defend and indemnify you, against a third party claim to the extent based on an allegation that the PRODUCT infringes a third party intellectual property right, provided that STACK ADVISORS: (i) is promptly notified and furnished a copy of such Claim, and all other documents that the claim is based on; and (ii) is given reasonable assistance in and sole control of the defense thereof and all negotiations for its settlement.

STACK ADVISORS will have no obligation to defend and no liability for any damages or costs to the extent that a Claim is based upon: (i) use of the PRODUCT in combination with any non-STACK ADVISORS product, software or equipment; (ii) use of the PRODUCT in a manner or for an application other than for which it was designed or intended to be used, regardless of whether STACK ADVISORS was aware of or had been advised of such use; and (iii) modifications to the PRODUCT by any person or entity other than STACK ADVISORS.

If the PRODUCT becomes, or in the opinion of STACK ADVISORS may become, the subject of a Claim, STACK ADVISORS may, at its option and in its discretion: (i) procure for you the right to use the PRODUCT, free of any liability; (ii) or (ii) terminate your right to continue using the PRODUCT.

7) Miscellaneous

Third Party Software, Hardware, Interfaces. Third party provided links to any software, hardware or other services which are associated with, or otherwise available through the Service shall be accessed and used by You at Your sole discretion. STACK ADVISORS shall have no responsibility or liability with respect to Your access to or use of such items or any such services or for any act or omission of any such third-party provider. You are responsible for obtaining software licenses for any and all additional products related to the use of the PRODUCT.

This EULA represents the complete agreement concerning the license for the PRODUCT between the parties and supersedes all prior agreements and representations between them.

STACK ADVISORS may amend or modify this EULA at any time without having to notify you or obtain your prior approval.

STACK ADVISORS may use your name for commercial purposes and/or include your name and/or logos in its clients list, upon prior approval from you.

If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall remain in full force and effect.

This EULA will be governed by the laws of the State of Colorado without regard to its conflict of laws rules. The parties consent to the jurisdiction and venue of the state and federal courts located in the State of Colorado.

Neither this EULA, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or as granting a franchise.

You shall, at your own expense, promptly obtain and arrange for the maintenance of all mandatory government approvals, if any, and comply with all applicable local laws and regulations as may be necessary for your performance.

Third Party Software. The PRODUCT may include Third-Party Software (including without limitation open-source software) subject to different license agreement terms, disclaims of warranties, or other terms and conditions (collectively “Additional Terms”) than those set forth herein. Where applicable, you must agree to the applicable Additional Terms for any such Third-Party Software, as required by the licensors of those components. For convenience, such licenses are below, however, this list is provided on a best effort basis only, as licenses may update their terms from time to time. Agreeing to the applicable terms creates a binding agreement between You (as Licensee), and the third-party Licensor. STACK ADVISORS MAKENO WARRANTIES OR REPRESENTATIONS AS TO SUCH THIRD-PARTY SOFTWARE (INCLUDING INFRINGEMENT) AND FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM YOUR USE THEREOF (INCLUDING INFRINGEMENT INDEMNIFICATION).

Third Party Software: None