TERM AND CONDITIONS OF USE
These LabTech Health Check services are provided on an “AS IS” basis. Stack Advisors reserves the right to change the terms of these free service offerings without advance notice. Stack Advisors also reserves the right to refuse service at its sole discretion.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE FIRST USING THE STACK ADVISORS LABTECH SYSTEM HEALTH CHECK. THIS AGREEMENT PROVIDES IMPORTANT INFORMATION CONCERNING THE HEALTH CHECK, PROVIDES YOU WITH A LICENSE AND CONTAINS WARRANTY AND LIABILITY INFORMATION. CHECKING THE BOX BELOW ON “I ACCEPT THE TERMS AND CONDITIONS”, YOU (THE “END USER”) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO AND ACCEPT THE TERMS AS PRESENTED HEREIN. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CONTINUE.
The Stack Advisors LabTech System Health Check (“Health Check”) is a unique process that works by installing a Stack Advisors licensed LabTech Software Agent (“Agent”) onto your LabTech server. It automatically scans your server, LabTech installation and associated settings only. There is not additional information gathered The Health Check or any output from it, may not be used for commercial, educational or government purposes or to aggregate information about multiple computers.
This Agreement allows you to receive a Health Check with the following restrictions: Unless Stack Advisors has authorized you to distribute the Agent, you may not make or distribute copies of the Agent or electronically transfer the Advisor from one computer to another. The Health Check is for single use only. The Health Check, or any output from it, may not be used to aggregate information about multiple computers or for any commercial, government or educational purposes. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Agent to a human-perceivable form. You may not modify, rent, resell for profit, distribute or create derivative works based upon the Health Check.
This license gives you limited rights to use the data collected by the Health Check. You do not own and Stack Advisors retains ownership of the Agent and all copies of it. All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Stack Advisors.
4. Disclaimer of Warranties.
The Health Check is provided to you free of charge, and on an “AS IS” basis. Stack Advisors makes no warranty of any kind with respect to the accuracy of the Health Check. STACK ADVISORS DOES NOT MAKE, AND HEREBY DISCLAIMS, ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, INTEROPERABILITY, AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. STACK ADVISORS DOES NOT WARRANT THE WORK, SERVICES, OR WORK PRODUCT PROVIDED HEREUNDER WILL BE UNINTERRUPTED AND/OR ERROR FREE. STACK ADVISORS DOES NOT MAKE, AND HEREBY DISCLAIMS, ALL EXPRESS OR IMPLIED WARRANTIES AGAINST LOSS OF DATA, SECURITY BREACHES, THIRD PARTY INTERRUPTION OR INTERFERENCE WITH DATA OR NETWORKS, AND EXPOSURE OR RELEASE OF PERSONALLY IDENTIFIABLE INFORMATION, REGARDLESS OF CAUSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE THAT STACK ADVISORS SHALL BEAR NO RESPONSIBILITY FOR THE PERFORMANCE, REPAIR, OR WARRANTY OF ANY OF YOUR SOFTWARE, HARDWARE, PRODUCTS, OR SERVICES PROVIDED TO YOU BY STACK ADVISORS OR BY A THIRD PARTY, UNLESS OTHERWISE SET FORTH HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
5. Limitation of Damages
STACK ADVISORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF COLLECTED DATA. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Stack Advisors and you. You agree that Stack Advisors would not be able to provide the Health Check on an economic basis without such limitations.
Each party receiving Confidential Information (defined below) shall: (1) treat as confidential, and preserve the confidentiality of, the Confidential Information of the disclosing party; (2) use the Confidential Information solely for the purposes of this agreement; (3) other than in connection with performing the Services, not copy such Confidential Information unless specifically authorized by the disclosing party; and (4) limit dissemination of the Confidential Information to personnel to whom disclosure is necessary for the purposes of this agreement. The party receiving Confidential Information shall promptly return all Confidential Information, together with all copies or any other form of reproduction, at the disclosing party’s request. The obligations imposed by this agreement will not apply to any information that: (1) is already in the possession of the receiving party as shown by documentation; or (2) is or becomes publicly available through no fault of the receiving party; or (3) is obtained from a third person without breach by such third person of an obligation of confidence with respect to the Confidential Information disclosed. “Confidential Information” means any and all technical or business data or information (including third party information), and/or software furnished, in whatever form or medium, by either party to the other regardless of whether such technical or business data or information is marked or identified as “Confidential.”
This agreement, and all matters arising out of this agreement, including all tort and fraud claims, is governed by laws of the State of New York, without regard to its conflict of laws principles. The parties submit to the exclusive jurisdiction of the state courts of the State of New York and to the jurisdiction of the United States District Court for the Southern District of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: Stack Advisors, LLC, 175 Powers Street, Brooklyn, NY 11211, Attention: Legal.
May 31, 2014