Section 1: Introduction > License Agreement

License Agreement

IMPORTANT — PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THE WEBSITE OR ATTEMPT TO ACCESS ANY SERVICES. BY ACCESSING THE WEBSITE OR BY UTILISING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

IMPORTANT – READ CAREFULLY: This License Agreement (“AGREEMENT”) is a legal agreement between you (either an individual or a single entity) and OpenRMA Technologies. for computer software which may include the following software products:

OpenRMA – Repair Centre (All Editions)

OpenRMA Cloud Edition (Web Version)

may include associated media, printed materials, and “online” or electronic documentation (collectively, the “SOFTWARE”). The SOFTWARE also includes any updates and supplements to the original SOFTWARE provided to you by OpenRMA Technologies. By installing, copying, downloading, accessing or otherwise using the SOFTWARE, you agree to be bound by the terms of this AGREEMENT. If you do not agree to the terms of this AGREEMENT, promptly return the SOFTWARE to OpenRMA Technologies. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR AND CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

1.GRANT OF LICENSE. This AGREEMENT grants you the following rights: You may install, use, access, display, run, or otherwise interact with (“RUN”) one copy (1) of the SOFTWARE on a single computer, workstation or other digital electronic device (“COMPUTER”).

2.COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images and text), any accompanying printed materials, and any copies of the SOFTWARE are owned by OpenRMA Technologies. Any and all custom programmed additions to the SOFTWARE shall become an inherent part of the SOFTWARE such that all title and copyrights in and to those additions are owned OpenRMA Technologies. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

3.BACKUP COPIES. After installation of the SOFTWARE pursuant to this AGREEMENT, you may keep the original media on which the SOFTWARE was provided by OpenRMA Technologies. solely for backup or archival purposes. Additionally, you may make copies of the SOFTWARE solely for backup or archival purposes. Except as expressly provided in this AGREEMENT, you may not otherwise make copies of the SOFTWARE or any printed materials accompanying the SOFTWARE. Customer is responsible for backing up the data saved within this software on a regular basis.

4.LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR AND CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

5.DISCLAIMER. To the maximum extent permitted by applicable law. OpenRMA Technologies disclaims all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of performance, merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE, and the provision of or failure to provide support services. You bear all risk relating to quality and performance of the SOFTWARE. You assume complete responsibility for the selection and installation of the SOFTWARE. This Limited Warranty gives you specific legal rights, and you may have other rights that vary among jurisdictions.

6.CREDIT/DEBIT CARD PAYMENT PROCESSING. Any and all agreements between you and third-party payment processors for credit card, debit card, and similar financial transaction services are independent of this license agreement. To the maximum extent permitted by applicable law, OpenRMA Technologies disclaims all warranties and liability, express or implied, related to payment processing of credit card, debit card, and similar financial services integrated into the SOFTWARE by means of third parties (e.g. Paypal). You bear all risk relating to quality and performance of the SOFTWARE and agree not to hold OpenRMA Technologies in any way liable for issues related to payment processing transactions.

7.LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall OpenRMA Technologies. (including its employees and/or subcontractors) be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE, access the WEBSITE, post information to the WEBSITE, or the provision of or failure to provide support services, even if OpenRMA Technologies has been advised of the possibility of such damages. In any case, OpenRMA Technologies entire liability under any provision of this AGREEMENT shall be limited to the amount actually paid by you for the SOFTWARE.

8.MONTHLY SUBSCRIPTION AGREEMENT. At your option, and subject to the terms and conditions of this AGREEMENT, your license may be for a monthly subscription of the SOFTWARE. Without limiting the generality of the foregoing, the following terms shall apply to monthly subscription agreements:MONTHLY SUBSCRIPTION FEE AND PAYMENT. The monthly subscription fee paid by the subscriber shall be the price for the applicable edition as posted on the OpenRMA website (openrma.com). The monthly subscription fee shall include version upgrades, and email and telephone support during the month that payment has been made. The monthly subscription fee DOES NOT include any consultation for the development of custom programming and reports, any support for custom programming and reports, or any recovery of lost or corrupted data. Priority support will be given to customers with a prepaid support contract or monthly subscription.MONTHLY SUBSCRIPTION PERIOD AND TERMINATION. The monthly subscription agreement shall be valid from the day of the first payment and will continue valid until the last day of each month for which payment is made. The monthly subscription will be automatically renewed on a monthly basis unless the subscriber terminates it before the first day of the next month. After termination, version upgrades, repair status hosting, and support that were provided as part of the monthly subscription agreement will.

9.FREE INITIAL SUPPORT AGREEMENT. Subject to the terms and conditions of this AGREEMENT, an initial period of support may be provided at no additional charge with the purchase of a new or upgraded license for the SOFTWARE. Without limiting the generality of the foregoing, the following terms shall apply to any initial period of free support:FREE INITIAL SUPPORT SERVICES. Any initial period of free support includes unlimited phone and email support for normal use of the SOFTWARE during that initial free support period. Any initial period of free support DOES NOT include any consultation for the development of custom programming and reports, any support for custom programming and reports, or any recovery of lost or corrupted data. Priority support will be given to customers with a prepaid support contract or monthly or anual subscription.

FREE INITIAL SUPPORT PERIOD AND TERMINATION. Any initial period of free support shall begin from the day that the software license is sent to you by OpenRMA, whether electronically or by some other means. The length of the period of free support may vary from thirty (30) days to not more than 365 (days), dependent on the software license purchased. The exact length of any initial period of free support for a particular software license or upgrade will be governed by the factors posted on OpenRMA website (openrma.com) at the time of purchase. After termination, any support that was provided as part of the initial period of free support will cease, but may be purchased separately.

YEARLY SUPPORT. At your option, and subject to the terms and conditions of this AGREEMENT, you may purchase a yearly support contract. Without limiting the generality of the foregoing, the following terms shall apply to yearly support agreements:

SUPPORT SERVICES. Yearly support includes unlimited phone and email support for normal use of the SOFTWARE during the period of the paid support. Yearly support DOES NOT include any consultation for the development of custom programming, any support for custom programming, or any recovery of lost or corrupted data. Priority support will be given to customers with a prepaid yearly support contract or monthly subscription.

SUPPORT FEE AND PAYMENT. The yearly support fee shall be the price for the applicable edition as posted on the OpenRMA website (openrma.com) on the date of the support contract purchase or renewal. Payment may be rendered using any standard payment method accepted as posted on the OpenRMA website.

SUPPORT PERIOD AND TERMINATION. The yearly support agreement shall be valid from the day of payment until the one-year anniversary of the payment. The support agreement will be automatically renewed on a yearly basis on the anniversary date unless it is terminated verbally or in writing at least thirty (30) days before the renewal date. After termination, support that was provided as part of the support agreement will cease, but may be purchased separately.

YEARLY SUPPORT AND FUTURE VERSION UPGRADES. At your option, and subject to the terms and conditions of this AGREEMENT, you may purchase a yearly support contract that includes future version upgrades. Without limiting the generality of the foregoing, the following terms apply to yearly support agreements that include future version upgrades:

VERSION UPGRADES. A license will be issued for any new software version(s) of the purchased edition that are released during the period of the paid support.

SUPPORT AND FUTURE VERSION UPGRADES FEE AND PAYMENT. The yearly support and future version upgrades fee shall be the price for the applicable edition as posted on the OpenRMA website (openrma.com) on the date of the support contract purchase or renewal. Payment may be rendered using any standard payment method accepted as posted on the OpenRMA website.

SUPPORT AND FUTURE VERSION UPGRADES PERIOD AND TERMINATION. The yearly support and future version upgrades agreement shall be valid from the day of payment until the one-year anniversary of the payment. The support and future version upgrades agreement will be automatically renewed on a yearly basis on the anniversary date unless it is terminated verbally or in writing at least thirty (30) days before the renewal date. After termination, support and version upgrades that were provided as part of the support agreement will cease, but may be purchased separately.

10.RETURNS – REFUND POLICY.

Refunds are only issued for software failure. Refunds are not issued for server/workstation failure/issues, lack of features or if you cannot configure and setup the software yourself, if your hardware does not meet the Software Requirements. Refunds are determined on individual circumstances and only issued once OpenRMA’s technical staff determines that OpenRMA has a fault causing it to not run on Your hardware. You have the right to return the software after maximum 14 days from the date of purchase and ONLY if you have NOT ACTIVATED ANY LICENSE. After the activation of the software you cannot return the license and the service is deemed to have been produced. Installation/Configuration/Support charges are not refundable under any circumstances. Refunds are not available after 14 days from purchase date. Since openrma.com is offering non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the digital product/license is sent/activated to/from the customer via email or any other method. As a customer you are responsible for understanding this upon purchasing any item at our site. Duplicate purchases/payments or wrong purchases via Paypal or any other electronic payment merchant that does not returns the transaction fees to the end customer during a refund procedure, will be charged to the customers duplicate payment and will be deducted from his refund amount. The amount that will be returned in this case will not include the transaction fees charged for the duplicate or wrong payment.|

11. GOVERNING LAW. This AGREEMENT shall be governed by and construed in accordance with the laws of England, United Kingdom.

Other terms that may apply to you

OPENRMA processes information in accordance with its Privacy Policy which is incorporated into these Terms of Services. By using OPENRMA, you agree that OPENRMA can use such data in accordance with its Privacy Policy and you warrant that all data provided by you is true, correct and accurate. OPENRMA’s Website also uses cookies or similar technologies which OPENRMA tell you more about in the Privacy Policy. You may set your browser and your mobile settings to block cookies and local storage devices, but if you do so, you may not be able to access all of the features that OPENRMA offers.

For the purposes of the General Data Protection Regulation (“GDPR”), OPENRMA shall use its reasonable endeavors to provide you with the operational tools to enable you to fulfil your requirements under the GDPR and address any requests made by your customers in respect of their individual rights. OPENRMA makes no guarantee in this respect and it is your responsibility to inform OPENRMA of any tools it may need to comply with its obligations under the GDPR.