Predictive Presentation Technologies LLC is the developer and owner of the RapidPitch™ software. This Terms of Use has an effective start and ending date determined by the purchase date and includes the number or seat licenses to be used. Acceptance of these terms allows the use of the RapidPitch™ software and any other proprietary and confidential intellectual property of Predictive Presentation Technologies LLC.
Grant of Limited License – Subject to the acceptance of these Terms of Use, Predictive Presentation Technologies LLC grants non-exclusive and non-transferable seat licenses for the purpose of using the software in users business. Predictive Presentation Technologies LLC shall provide the user of the software with access to the Software by on-line access to its file server.
Term – The limited license granted pursuant to the acceptance of these Terms of Use shall have a term agreed upon with an effective start and end date, unless sooner terminated by either party upon a 30 day written notice. At the expiration of the term, unless otherwise agreed to in writing, Predictive Presentation Technologies LLC shall destroy and permanently delete from its computer server all files and data supplied by Predictive Presentation Technologies LLC and shall take reasonable efforts to ensure that such files are not recoverable from the media upon which they are deleted, including any access codes and user codes to the Predictive Presentation Technologies LLC’s file server.
Confidentiality – The user of the software agrees to keep confidential the existence of the acceptance of these Terms of Use and its use of the Software.
Covenants of Predictive Presentation Technologies LLC – The user of the Predictive Presentation Technologies LLC software agrees that it will not reverse engineer the Software or otherwise use the Software for any purpose other than as permitted in the grant of the limited license set forth in Article 1. The user of the Predictive Presentation Technologies LLC software agrees that it will not modify the Software or any algorithms or source codes imbedded in the Software or duplicate the functionality of the Software. The user of the Predictive Presentation Technologies LLC software shall use and hold the Software in strict confidence and exercise reasonable due care with respect to its handling and protection with a duty and standard not less than that which it exercises with respect to its own proprietary and confidential information. The user of the Predictive Presentation Technologies LLC software will maintain continuous possession of the Software and shall have no right to convey, share or sublicense the Software. The user of the software acknowledges that Predictive Presentation Technologies LLC is the sole owner of the Software and retains all legal rights, title and interest in it.
Irreparable Harm – The user of the software acknowledges that any breach of its obligations by agreeing to these Terms of Use may result in damages to Predictive Presentation Technologies LLC that are not reasonably susceptible of quantification. Accordingly, in the event of a breach of any of the provisions of the signed agreement by the user of the software, Predictive Presentation Technologies LLC shall be entitled to obtain a temporary restraining order, an injunction or other appropriate equitable relief restraining the user of the software from continued violation of these provisions. Nothing in the Terms of Use shall be construed to prohibit Predictive Presentation Technologies LLC from pursuing any other available remedies for such breach or threatened breach, including the recovery of damages. The user of the software agrees to indemnify and hold Predictive Presentation Technologies LLC harmless for any damages that Predictive Presentation Technologies LLC sustains as a result of the user of the software’s beach of its obligations in the Terms of Use. Should Predictive Presentation Technologies LLC commence any action to enforce its rights hereunder, or otherwise, to protect and/or preserve the confidentiality of any information covered under the Terms of Use, Predictive Presentation Technologies LLC shall be entitled to recover, in the discretion of the court, all costs, including reasonable attorneys’ fees and expenses, incurred in protection of said rights. The user of the software agrees that no waiver or forbearance by Predictive Presentation Technologies LLC in any particular breach or instance shall be deemed to be a waiver of forbearance of the same or other particular breach or instance, then or at any other time.
Warranty Disclaimer – Predictive Presentation Technologies LLC licenses and the user of the software accepts, the Software “AS IS.” Predictive Presentation Technologies LLC provides no warranties as to the function or use of the Software, whether express, implied, or statutory, including without limitation, any implied warranties of merchantability or fitness for particular purpose.
Limited of Liability – Predictive Presentation Technologies LLC shall not be liable to the user of the software for indirect, special, consequential or incidental damages, including loss of profits or any other damages relating to or arising out of the acceptance of these Terms of Use whether in contract, tort or otherwise.
Patent and Copyright Indemnity – Predictive Presentation Technologies LLC will defend at its own expense any action brought against the user of the software to the extent it is based on a claim that the Software used within the scope of the Terms of Use granted hereunder infringes a United States patent, copyright or other proprietary right of a third-party. Predictive Presentation Technologies LLC shall have no liability for any claim of patent, copyright or trade secret infringement based on the use of the Software in any form other than the original unmodified form provided to the user of the software.
Notices – All notices in connection with the agreement to these Terms of Use shall be in writing and may be given by certified, registered or first-class mail at the address provided by Predictive Presentation Technologies LLC upon request.
Miscellaneous Provisions – The parties hereto covenant and agree that they shall execute and deliver any and all additional writings, instruments and other documents and shall take such further action as shall be reasonably required in order to effectuate the purposes, terms and conditions of this Terms of Use.
This Terms of Use agreement contains the entire understanding between the parties hereto with respect to their transaction contemplated herein and shall not be amended, modified or supplemented at any time unless by a writing executed by the parties hereto. All references made and pronouns used herein shall be construed in the singular or plural, and in such gender as a sense and circumstances require. These Terms of Use shall be binding upon and shall inure to the benefit of the parties hereto and to their respective heirs, executors, administrators, successors and assigns as the case may be, except as otherwise provided herein. Captions contained in the Terms of Use are inserted only as a matter of convenience and in no way define, limit or extend the scope or intent of the Terms of Use or any provision thereof. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia and the parties agree to submit to the exclusive jurisdiction of the State Court of Georgia with respect to any dispute arising under the signed agreement. If any provision of the Terms of Use shall be declared invalid or illegal for any reason whatsoever then notwithstanding such invalidity or illegality, the remaining terms and provisions of the Terms of Use shall remain in full force and effect in the same manner as if the invalid or illegal provisions had not been contained herein. The agreed to Terms of Use may be executed in more than one counterpart, and each executed counterpart shall be considered an original. The provisions of Paragraphs 3, 4 and 5 shall survive the expiration or early termination of the Terms of Use. No provision in the Terms of Use shall be construed against a particular party in favor of another party merely because of which party (or its representative) drafted or supplied the wording for such provision.
By purchasing the Predictive Presentation Technologies software, you hereby agree to and are bound by these terms.