Introduction
This agreement (the “Agreement”) between you and Intellisoft Solutions, Inc. (“Developer”) consists of these Remote Support (“Remote Support”) Standard Terms and Conditions(“Terms and Conditions”). For purposes of this agreement, the terms “Software” shall represent all computer programs provided to you by the Developer. “You” and “Your” means on behalf of yourself or the legal entity that you represent.
Remote Support Service
By accepting this agreement, You agree:
- to grant remote access to Your computer or device to Developer for the purposes of providing remote assistance of the software and that You are authorized to grant access to computer or other device You are establishing the remote connection.
- that You are personally responsible for ensuring a valid backup of any data and applications has been made prior to any activities undertaken via the remote support session.
- that You do not have privacy, security or password sensitive applications / web pages / email open during remote support activities.
- that for the purposes of providing You with support and problem resolution services, where necessary to resolve the support issue, data from Your computer or device that is identifiable to You may be collected and sent to Developer for problem resolution analysis.
- that all remote services are provided as-is and at Your own risk. You acknowledge and understand that the Developer’s support engineer providing You with support services is not familiar with interconnections, settings, or special applications on Your computer or all purposes to which Your computer is used for or for which the computer is connected to.
Remote Support Technology
You expressly understand that remote support services utilizes a third party technology developed by TeamViewer GmbH at Kuhnbergstr. 16, 73037 Göppingen Germany.
Disclaimer of Damages
REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL DEVELOPER BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY ACTION RELATED TO THE SUBJECT MATTER OF THIS REMOTE SUPPORT AGREEMENT OR OTHERWISE, UNDER CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA OR SYSTEM FAILURE OR UNAUTHORIZED ACCESS ARISING OUT OF THE USE OF REMOTE SUPPORT EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL DEVELOPER’S CUMULATIVE LIABILITY EXCEED LICENSE FEES FOR THE SOFTWARE. THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER YOU ACCEPT REMOTE SUPPORT OR USE OF THE SOFTWARE.
Effect of Invalidity
The invalidity in whole or part of any provision hereof shall not affect the validity of any other remaining provisions hereof.
Waiver
The waiver by one party of the performance of any covenant, condition, obligation, representation, warranty, or promise in this agreement shall not invalidate this agreement or be deemed a waiver by any party of the time for performing any act or condition hereunder and does not constitute a waiver of the act or condition itself.
Miscellaneous
This Agreement shall be governed by the laws of the State of Florida. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Broward County, Florida. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties or by Your online acceptance of updated terms.
Now that You have read the terms and conditions of this remote support services user agreement, granting Intellisoft any remote access to Your computer represents full acceptance of this agreement.
