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Funeral Innovations Terms of Service

This Terms of Service explains the contractual agreement between you and Act Innovate Inc ("Funeral Innovations") regarding your use of Funeral Innovations' software as a hosted application (the "Service") basis in which Funeral licenses you the software and hosts the application for you. This agreement is effective as of the date you create an account with Funeral Innovations.

Funeral Innovation products are not sold; rather, Funeral Innovation licensees its software to certain customers as a hosted application (the "Service"). UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH FUNERAL INNOVATIONS THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF THE FUNERAL INNOVATIONS PRODUCTS, THE TERMS AND CONDITIONS OF THE TERMS OF SERVICE BELOW APPLY TO YOU.

NOTICE TO USER: PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY COPYING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT ACCESSED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE IF APPLICABLE, YOUR EMPLOYER.

FUNERAL INNOVATIONS OWNS ALL INTELLECTUAL PROPERTY IN THE SOFTWARE. THE SOFTWARE IS LICENSED, NOT SOLD. FUNERAL INNOVATIONS PERMITS YOU TO USE OR OTHERWISE BENEFIT FROM THE FUNCTIONALITY OR INTELLECTUAL PROPERTY OF THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF SERVICE.

Funeral Innovations reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.funeralinnovations.com/pages/tos.html

1. Definitions

"Computer" means a virtual or physical computer device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.

"Permitted Number" means one (1) unless otherwise indicated under a valid license granted by Funeral Innovations.

"Content" means sample and stock photographs, images, sounds, clip art, documents, software, products and services made available to you in the course of using the Service.

"Software" means (a) all of the information with which this agreement is provided, including but not limited to (i) Funeral Innovations software files and other computer information; (ii) sample and stock photographs, images, sounds, clip art and other artistic works bundled with Funeral Innovations software and not obtained from Funeral Innovations through a separate service; (iii) related explanatory written materials and files ("Documentation"); and (iv) any modified versions and copies of, and upgrades, updates, and additions to, such information, provided to you by Funeral Innovations at any time, to the extent not provided under a separate agreement (collectively "Updates").

"Contributions" means photographs, graphics, fonts, or other information or material provided or submitted by Users, and any registration information provided or submitted by customers or by Users on behalf of customers, in the course of utilizing the Service.

"Funeral Innovations Technology" means all of Funeral Innovations proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Funeral Innovations in providing the Service;

"User(s)" means you, your employees, representatives, consultants, contractors or agents who are authorized by you to use the Service

2. Software License

Funeral Innovations Corporation ("Funeral Innovations", "us", "we", "our") grants you ("you" and "your" means you or the legal entity that is authorized by you to use the Service) the following rights provided that you comply with all of the terms and conditions of this agreement.

Funeral Innovations grants you a non-exclusive, non-transferable worldwide right to use the Service, subject to the terms of this agreement. You grant to Funeral Innovations the non-exclusive, worldwide, right to use, copy, store, transmit and display your Contributions solely to the extent necessary to provide the Service as requested by you.

Alternatives

Single User License. You may: (a) install the Software on one computer for access and use by a Permitted Number of Users. If you purchased a valid license for the Software and received an Authentic Funeral Innovations CDROM, such CDROM is your backup copy of the Software. You are not allowed to make copies of the software or printed materials accompanying the Software, if any, or print multiple copies of any user documentation.

Multiple-Users License. You have a nonexclusive and nontransferable license to use the Software: (i) installed in a single location on a hard disk or other storage device of up to the Permitted Number of Computers for which you have paid a license fee; or (ii) provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (b) use of the Software over such network, provided the number of computers connected to the server does not exceed the Permitted Number of Computers. You may only use the programs contained in the Software (i) for which you have paid a license fee (or in the case of an evaluation copy, those programs you are authorized to evaluate) and (ii) for which you have received a product authorization key. You grant to Funeral Innovations or its independent accountants the right to examine your books, records and accounts during your normal business hours to verify compliance with the above provisions. In the event such audit discloses that the Permitted Number of Computers is exceeded, you shall promptly pay to Funeral Innovations the appropriate licensee fee for the additional computers or users. At Funeral Innovations option, Funeral Innovations may terminate this license for failure to pay the required license fee.

Trial Versions. In connection with the foregoing license grant: (a) you may use a copy of the trial version of the Software only for the amount of time specified in the Software or in the materials accompanying the Software; and (b) according to the license grants above in Section 1 (i) for a single user license. BY YOUR USE OF THE TRIAL VERSION OF THE SOFTWARE YOU UNDERSTAND AND AGREE THAT AFTER THE APPROXIMATE AMOUNT OF TIME SPECIFIED IN THE SOFTWARE OR IN THE MATERIALS ACCOMPANYING THE SOFTWARE, YOU MAY NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE SUCH TRIAL SOFTWARE OR ANY DATA YOU HAVE ENTERED INTO SUCH SOFTWARE UNLESS YOU PURCHASE THE APPROPRIATE FULL VERSION OF SUCH SOFTWARE.

3. User Responsibilities

You are responsible for any and all activities that occur under your account. You shall: (i) notify Funeral Innovations immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Funeral Innovations immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you; (iii) assure that use of the Service shall at all times comply with all applicable local, state, federal, and international laws, regulations, and conventions, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data; and (iv) not impersonate another user or provide false identity information to gain access to or use the Service.

Funeral Innovations reserves the right to take any action it deems appropriate with respect to Content posted on your account. Such action is taken at the sole discretion of Funeral Innovations and may include, but not be limited to, termination of your rights of use.

4. Intellectual Property Ownership

The software is the intellectual property of and is owned by Funeral Innovations. The structure, organization and code of the software are valuable trade secrets and confidential information of Funeral Innovations. The software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you intellectual property rights in the software and all rights not expressly granted are reserved by Funeral Innovations.

5. Restrictions

Your login may only be used by one person. A single login shared by multiple people is not permitted. Improper use of the login may result in account deactivation and a reactivation fee, at Funeral Innovations' discretion.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make available to any third party the Service or the Content, or (ii) modify or make derivative works based upon the Funeral Innovations Technology or the Content. All rights not expressly granted to you are reserved by Funeral Innovations.

You agree not to (and not to permit others to): (i) decompile, disassemble, or otherwise reverse engineer the software, except as otherwise expressly permitted by applicable law; or (ii) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright notices) of Funeral Innovations or its licensors on or within the software. All license transfers are subject to written approval by Funeral Innovations and may be subject to a transfer fee determined by Funeral Innovations in its sole discretion. If your company is, or substantially all of its assets are, acquired by or merged into another company or sole proprietorship, please contact Funeral Innovations at support@funeralinnovations.com regarding transferring your license to the new company.

6. Feedback

Funeral Innovations may provide you with a mechanism to provide feedback, suggestions and ideas about its software and services ("Feedback"). You agree that Funeral Innovations may, in its sole discretion, use the Feedback you provide to Funeral Innovations in any way, including in future modifications of the Memorial Designer, Tributes or Obituaries, and/or advertising and promotional materials relating thereto. You hereby grant Funeral Innovations a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback, in any manner and for any purpose.

7. Contributions

By submitting Contributions to Funeral Innovations, you acknowledge that Funeral Innovations does not allow the upload of Contributions that infringe on any copyright, property right, trademark or any other applicable right.

All Contributions submitted by you to the Service, whether posted by you, Users, Customers or other third parties, shall remain the sole property of you or such third parties, as applicable, unless specifically notified in advance. You retain all intellectual property rights in Contributions you submit, post, transmit, modify or otherwise make available through the Service. You, not Funeral Innovations, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all your Contributions and Funeral Innovations shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Contributions.

Funeral Innovations reserves the right to withhold, remove and/or discard your Contributions without notice for any breach, including, without limitation, your non-payment. Funeral Innovations may, but have no obligation to, remove Contributions containing content that it determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Upon termination for cause, your right to access or use your Contribution immediately ceases, and Funeral Innovations shall have no obligation to maintain or forward any of your Contributions.

8. Privacy

Funeral Innovations holds information about you, your business, customers, employees, and Users in strict confidence. Funeral Innovations will not share your Contributions with third parties unless otherwise agreed to or unless required by law.

9. Indemnity

You agree to indemnify and hold Funeral Innovations and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Contributions you submit, post, transmit, modify or otherwise make available through the Service, your use of Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

10. Termination for Cause

Funeral Innovations may deny you access to all or part of the Service without notice if you engage in any conduct or activities that Funeral Innovations believes in it sole and absolute discretion violates applicable law or any terms of this agreement. You agree that any termination of your access to the Service under any provision of this agreement may be effected without prior notice, and acknowledge and agree that Funeral Innovations may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Funeral Innovations shall not be liable to you or any third-party for any termination of your access to the Service.

11. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THE PRODUCT WARRANTY STATEMENT, THE SOFTWARE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNERAL INNOVATIONS, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, DEALERS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE, SERVICES, CONTENT, CDROMS AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. FUNERAL INNOVATIONS DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS, OR THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS. FURTHER, FUNERAL INNOVATIONS DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SOFTWARE OR CONTINUED ACCESS TO THE TRIAL VERSION OF THE SOFTWARE OR TO THE DATA ENTERED INTO THE TRIAL VERSION OF THE SOFTWARE AFTER THE TRIAL PERIOD OF TIME IS OVER. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SOFTWARE, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

All warranties or guarantees given or made by Funeral Innovations with respect to the software (a) are solely for the benefit of you as the registered user of the software and are not transferable, and (b) shall be null and void if you breach any term or condition of this agreement.

12. Limitation of Liability and Damages

YOU AGREE THAT IN NO EVENT WILL FUNERAL INNOVATIONS BE LIABLE FOR ANY LOSS, COST, LIABILITY OR DAMAGE INCURRED AS A RESULT OF YOUR RECEIPT OF OR PARTICIPATION IN THIRD PARTY SERVICES. THE ENTIRE CUMULATIVE LIABILITY OF FUNERAL INNOVATIONS AND ITS SUPPLIERS FOR ANY REASON ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNERAL INNOVATIONS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, USE OF THE SOFTWARE WITH HARDWARE OR OTHER SOFTWARE THAT DOES NOT MEET FUNERAL INNOVATIONS' SYSTEMS REQUIREMENTS OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF FUNERAL INNOVATIONS, ITS SUPPLIERS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FUNERAL INNOVATIONS AND YOU. FUNERAL INNOVATIONS WOULD NOT BE ABLE TO HAVE PROVIDED THIS SOFTWARE OR SERVICES WITHOUT SUCH LIMITATIONS.

13. Miscellaneous

Except as expressly set forth in this agreement, this agreement is a complete statement of the agreement between you and Funeral Innovations and sets forth the entire liability of Funeral Innovations and your exclusive remedy with respect to the Software, Funeral Innovations Services, and Third Party Services and their use. The Suppliers, agents, employees, distributors, and dealers of Funeral Innovations are not authorized to make modifications to the Terms of Service, or to make any additional representations, commitments, or warranties binding on Funeral Innovations. Any waiver of the terms herein by Funeral Innovations must be in a writing signed by an authorized officer of Funeral Innovations and expressly referencing the applicable provisions of this agreement. If any provision of this agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This agreement will be governed by Minnesota law as applied to agreements entered into and to be performed entirely within Minnesota, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction, and applicable federal law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Hennepin County, Minnesota or federal court for the Minnesota. Headings are included for convenience only, and shall not be considered in interpreting this agreement. As used in this agreement, the word "including" means "including but not limited to." This agreement does not limit any rights that Funeral Innovations may have under trade secret, copyright, patent or other laws.