End User License Agreement  (EULA)

1. Use Of Software

AIMS Technology Solutions, Inc., a California corporation (formerly AimsHotline), hereinafter referred to as AIMS tsi, (the words we, us, and our refer to AIMS tsi)  are providing you (“you” refers to the individual or entire business entity acquiring this license , and “you” are also referred to as Licensee or Customer in this agreement) with a license to use our software as it currently exists (“as is”) for your business. The term “software” refers to all the materials we provide for your use including computer programs and documentation, collectively referred to as “AIMS”. We hope your business grows, but if you run our software on more than one computer or file server, you need a license to do so from us. The specific information about your software license, such as the number of users and which modules you are authorized to use, is on the Software License Declarations you signed when you purchased, leased or rented AIMS. You cannot make copies of our software (except for backup purposes) and give it away, sell it, or let others use your copy. 

2. Restrictions on Use of Software

(a) You may not (i) alter or modify the software in any way, (ii) remove any trademarks, logos or other identifications, or (iii) decompile any executable modules. Any of these actions are a violation of this license and will cause immediate termination and forfeiture of your license, and you may be subject to additional criminal and/or civil penalties. (b) You may not use any third party software that alters any information in the database. Furthermore, you may not modify the information in the database using any program that exposes the raw data in the database. Any such action by you is a violation of this license, and we may terminate your support contract. (c) You may not sell, lease, rent or otherwise profit in any way from any third party business for the use of AIMS. A third party business is defined as any individual or company using your licensed copy of AIMS where you do not own at least twenty-five percent (25%) of that business. Allowing any third party entity to use you’re your copy of AIMS whether for profit or not, will immediately void your entire license to use AIMS and you will forfeit any an all monies paid for the use of the license and surrender all copies of the software.  

3. Customer Service

So long as you are on our support program (billed separately), we will help when you have problems. If you do not pay for a support contract, we will charge you an upfront fee each time you ask us for support.  For assistance, contact us during normal business hours.  Our commitment is to support our software.  If you are experiencing a hardware or network problem, we might try to help because we care about you, but please don't expect it. We do not offer hardware or network support. 

4. Custom Programming

If we have provided any custom programs or customized portions of our software for your use, we do not  guarantee that custom software provided under this agreement will remain compatible or operational with future versions of the AIMS software. If modifications to future versions of the AIMS software should render any portion of any custom software provided under this agreement unusable for any reason, then any changes that you request to such software will be done for an additional charge to be determined by us at the time of the request, even if you paid us for the custom software.  

5. If You Financed or Leased Your License

(a) If you have financed the purchase of your software license, we will bill you periodically according to your contract until your account is paid.  After you make your payment, we will give you a password so that you can continue to use the software.  If you do not pay your bill by the due date, we will deny giving you the password necessary to continue using the software until your account is current.  (b) If your account becomes delinquent, we have the right to charge you and additional 1.5% per month on the past due portion of your balance in addition to any other remedies we may have as stated in this agreement.

6. Recurring Billing for AIMS on the Internet & Rentals

If you are renting AIMS or running AIMS on the Internet, you must provide us with authorization to bill your credit card automatically for each billing cycle. Your billing cycle is stated on your AIMS License Declarations.   

7. Backups

Let's face it, computers break.  Smart people perform regular backups of their data and programs. That's your job. If you lose data, it's your fault. 

8. What You Don't Get

The software is ours.  We're just letting you use it.  We own it all (or have sufficient rights) and you can't do anything with the software except use it in your business.  Everything in the software we provide is ours, and our software is very valuable to us.  

9. Modification

You agree that we may modify this Agreement and the Services from time to time. You agree to be bound by any changes we may reasonably make to this Agreement when such changes are made.  

10. Your Rights To Terminate Service Or This Agreement

To end your participation in AIMS on the Internet, you must notify us in writing (email or fax are acceptable) at least 10 days prior to your next billing cycle.  If you request that your service be terminated before the end of your current,  pre-paid billing period, we will not be required to refund any portion of such pre-paid fees. Timely notification eliminates the necessity of billing your credit card for the next period's participation.  

11. Our Rights To Limit Or End Service Or This Agreement

WE CAN WITHOUT NOTICE LIMIT, SUSPEND OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR ANY GOOD CAUSE including but not limited to (a) paying late more than once in any 12 months; (b) harassing our employees or agents; (c) lying to us; (d) interfering with our operations; (e) attempting to install, remove or in any way modify software or hardware on our servers; (f) becoming insolvent or going bankrupt;  or (g) breaching this agreement. 

12. Return of Materials

Immediately upon termination of this Agreement, you shall return to us all existing copies of AIMS and related materials. If such copies cannot be reasonably delivered to us, you shall render unusable all copies of AIMS and certify in writing to the complete return and destruction.  All returned materials shall be the sole property of AIMS tsi.  

13. Disclaimer Of Warranties

AIMS tsi does not warrant that the functions contained in our software or described in its documentation will meet the Licensee's requirements, or will operate in the software or hardware combinations which Licensee may select, or that the operation of our software will be uninterrupted or error-free, or that any defects that may exist in our software will be corrected.  Licensee shall not use our software where significant damage or injury to persons, property or business may happen if any error occurs.  Licensee expressly assumes all risks for such use.  Except for the clearly expressed warranties set forth in this agreement, our software is licensed as is and with all faults, and AIMS tsi makes no other warranties, either express or implied, with respect to our software, or as to its quality, performance, merchantability of fitness for any particular purpose.  The entire risk as to the quality and performance of the software we provide is with Licensee. 

14. Exclusions & Limitations Of Liability

AIMS tsi shall not be liable for any damages to Licensee or any third party caused by use of our software.  except as expressly and clearly provided in this agreement, AIMS tsi shall not have any other liability of any kind, and AIMS tsi will not be liable for indirect, special incidental, consequential, punitive, or exemplary damages, or lost profits, or theory of liability (including, without limitation, actions in contract, warranty negligence, or product liability), resulting from any defect in, or use of any software we provide or any update thereof, of from any breach of this agreement (even if AIMS tsi has been advised of the possibility of such damages).  In any event, AIMS tsi’s liability under this agreement for any damages to Licensee or third party, regardless of the form of action or theory of liability (including, without limitation, actions in contract, warranty, negligence, or products liability), shall not exceed the purchase or rental price of the software license. 

15. Limitations On Suit

Licensee agrees that any suit or other legal action or any arbitration relating in any way to this agreement or to AIMS tsi must be officially filled or officially commenced by Licensee no later than two (2) years after the cause of action has first arisen. 

16. Additional Terms For AIMS On The Internet Clients

(a) AIMS tsi will utilize it's best efforts to maintain acceptable level of performance of the services contracted for, but AIMS tsi makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose.  AIMS tsi cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet.  AIMS tsi will not be liable for the inadvertent disclosure of, or corruption or erasure of data transmitted or received or stored on its system.  AIMS tsi shall not be liable to Customer or any of it's customers for any claims or damages which may be suffered by Customer or it's customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss or data, inability to access Internet or inability to transmit or receive information caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of AIMS tsi. AIMS tsi may discontinue servicing any Plan, or may require fulfillment of conditions AIMS tsi may choose to impose as a prerequisite for continuing to service any Plan.  Such discontinuation or requirement may not be unreasonable notice via e-mail and fax of any such intent to discontinue or impose conditions.  (b) AIMS tsi's liability to Customer, and any end user or any Plan or other AIMS tsi services is limited to the amount paid to and received by AIMS tsi.  In no event shall AIMS tsi be liable to any person and/or entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if AIMS tsi has been advised of the possibility of such damage.  (c) Customer will take all necessary measures to preclude AIMS tsi from being made a party to any lawsuit or claim regarding AIMS tsi services provided to any Customer or end user.  Customer hereby agrees to indemnify and hold harmless AIMS tsi from any and all claims or whatever nature brought by any of Customer's customers against AIMS tsi in excess of the remedy set forth above. 

17. General Terms And Conditions

Each of the parties hereto are separate and independent legal entities.  Nothing herein contained shall be construed or deemed hereby to create a principal/agent relationship between the parties nor any form of partnership or joint venture.  The parties agree that his agreement is binding upon and insures to the benefit of the successors and permitted assigns of the parties.  Ambiguities, inconsistencies, or conflicts in this agreement shall not be strictly construed against the drafter of the language but will be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the parties' intentions at the time of this agreement is entered into.  Where the context of this agreement requires, singular terms shall be considered plural, and plural terms shall be considered singular.  The validity, construction, and performance of this agreement shall be governed by the laws of the State of California without regard to principles of conflicts of law. If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions shall remain in full force and effect to the extent that the intent of the parties, can be fulfilled.  This agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous oral or written negotiations, communications and agreements between the parties concerning this subject matter.  This agreement shall not be varied, amended, modified or supplemented except by a writing signed by duly authorized representatives of both parties.