End User License Agreement and Terms of Use
All MJS Software users must agree to an End User License Agreement and Terms of Use before
installing or accessing MJS Software and using any MJS Software services. The agreement is
made within the MJS Software signup process. It is provided here for your information only.
MJS SOFTWARE, LLC SOFTWARE LICENSE AGREEMENT AND TERMS OF USE
This is a legal agreement between you, the end user, (“you” or “your”),
and MJS Software (“MJS Software” and/or “PToffice”). By clicking on “Submit”,
you agree that you have read and understand this Agreement and will be bound by
its terms and conditions. If you do not agree with the terms and conditions of this
Agreement, do not click on “Submit” and do not request access to, or
use, this software.
MJS Software grants to you a personal, non-commercial, non-exclusive, non-transferable,
non-sub licensable, license to use MJS Software, with which this Agreement is provided,
including any product documentation and any modifications, error corrections, bug
fixes, new releases or other updates (collectively, the “Software”)
and the services and the network related thereto (collectively, the “Services”)
that may be provided by MJS Software during the term of this Agreement.
Your use of the Software and the Services is subject to your compliance with all
of the terms and conditions of this Agreement and the policies of MJS Software as
posted on its website from time to time, including without limitation MJS Software’s
Privacy Policy.
By installing and/or accessing the Software
and the Services you acknowledge that you have read and agree to be bound by all
such policies. MJS Software reserves the right to modify or discontinue your access
to the Services, the distribution, posting or publishing of any content, or to change
the terms of use or any MJS Software policies at any time with or without prior
notice.
As a condition of your using the Software and the Services, you agree that you will
not (a) use the Software or the Services to download, upload, post, publish, insert,
attach, use, share with others or otherwise copy or distribute music, movies, images
or other content for which you have not obtained all necessary rights from the owner
or rightful licensor of such content; (b) modify content identifiers (such as the
title or the name of the creator of that content) in order to disguise the origin
or description of any content; (c) download, upload, post, publish, insert, attach,
use, share with others or otherwise copy or distribute any content that is defamatory,
harassing, obscene, invasive of another’s privacy, or is otherwise illegal;
(d) harm minors in any way, including without limitation by sharing, posting, publishing
or downloading child pornography; (e) upload, share with others or otherwise distribute
any material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; (f) interfere with or disrupt
the Services or servers or networks connected to the Services, or disobey any requirements,
procedures, policies or regulations of networks connected to the Services; (g) export
or re-export the Software except in compliance with the export control laws of the
United States and other relevant jurisdictions; or (h) collect any information about
MJS Software’s network or users of the Software or Services by monitoring,
interdicting or intercepting any process of the Software or the Services.
You agree to defend, indemnify and hold harmless MJS Software from any violation
by you of the terms of this Agreement.
MJS Software users are limited to 5GB of data stored on MJS Software servers. If
your data stored on MJS Software’s servers exceeds this limit your oldest stored
data may be automatically expired if deemed necessary. MJS Software reserves the
right to change or modify these storage limits at any time.
In order to use the Services, you hereby grant permission for the Software to utilize
the processor and bandwidth of your computer for the limited purposes of (i) facilitating
the transfer of digital files and communication between the users of the Software
and the Services and (ii) facilitating the transfer of digital files to servers
for purposes of posting content on websites or blogs and (iii) pasting links to
content in instant messages and RSS feeds.
The copyright, trade secrets and all other intellectual property rights in the Software,
product documentation and Services (including any images, photographs, animations,
video, audio, music and text incorporated in them) and all trademarks and trade
names associated with them are owned by MJS Software or its suppliers and are protected
by the copyright, trademark and other laws of the United States and other countries
and by international treaty provisions. You may not use any of them except as expressly
permitted in this Agreement. MJS Software retains all rights not expressly granted
in this Agreement.
Portions of the Software may contain software licensed from third parties and are
subject to the terms and conditions of third party license agreements. You agree
to comply with all such terms and conditions.
MJS SOFTWARE PROVIDES THE SOFTWARE AND THE SERVICES “AS IS” AND “AS
AVAILABLE.” YOU ASSUME ALL RISKS IN USING THE SOFTWARE AND THE SERVICES. MJS
SOFTWARE IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, INOFFENSIVENESS
OR LEGALITY OF ANY CONTENT MADE AVAILABLE BY USERS OF THE SERVICES. MJS SOFTWARE
HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH REGARD TO THE SOFTWARE
AND THE SERVICES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
MJS SOFTWARE DISCLAIMS ALL LIABILITY, EXPRESS AND IMPLIED, RELATED TO YOUR USE OF
ITS SOFTWARE AND THE SERVICES. WITHOUT LIMITATION, YOU AGREE THAT MJS SOFTWARE SHALL
NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER INDIRECT DAMAGES,
EVEN IF MJS SOFTWARE BECOMES AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE
RECOURSE IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SOFTWARE OR THE SERVICES
OR IN THE EVENT THAT YOU SUFFER FINANCIAL OR OTHER INJURY OR DAMAGE IS TO CEASE
USING THE SOFTWARE AND THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF ALL
DAMAGES OR INDIRECT DAMAGES, AND IN SUCH EVENT, YOU AGREE THAT THE LIMIT OF MJS
SOFTWARE’S LIABILITY SHALL BE ONE HUNDRED DOLLARS.
MJS Software may, from time to time, distribute emails that are advertising or information
specific to the email address users have provided upon their registration to their
respective school. Emails will not be sent to those users who have not agreed to
such action. MJS Software follows a strict “CAN-SPAM” policy and all
emails will be obvious in origin, intent, delivery and substance and will include
“opt-out” instructions at all times which will remove the registered
email address from future mailings for that school year. MJS Software may also,
from time to time, distribute emails that are advertising or information specific
to those members who can be categorized as a board member, committee chair or faculty
or staff within the MJS Software database. Again, MJS follows a strict “CAN-SPAM”
policy and all emails will be obvious in origin, intent, delivery and substance
and will include “opt-out” instructions at all times which will remove
the registered email address from future mailings for that school year. MJS Software
also reserves the right to include a form of banner advertising along the bottom
of all email messages being sent from within the product.
In the event that we receive notice that your use of the Software or the Services
(including without limitation, your distribution of content through any of the Services)
infringes the intellectual property rights of a third party or if you send material
that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive or encourages conduct that would be considered
a criminal offense or that could give rise to civil liability or that otherwise
violates any law, regulation, the terms of this Agreement or any of our policies,
we reserve the right to terminate your use of the Software and the Services and
to remove any files sent by you that are stored on our servers, with or without
notice. We also reserve the right to decide whether content sent by you is appropriate
and complies with this End User License Agreement. Upon any such termination, you
will then cease any and all use of the Software and Services and will remove the
Software from all hard drives, networks, and other storage media and destroy all
originals and copies of the Software in your possession or under your control.
If you have any questions about this Agreement or the terms of any MJS Software
policy, terms of use or other practice or procedure, you may communicate with us
by sending an email to support@mjssoftware.com.