SOFTWARE LICENSING AND MEMBER STORE AGREEMENT
Licensor: PCs For All is a Maryland 501 (C) 3 nonprofit corporation with its principal place of business at 3406 ODonnell Street, Baltimore, MD 21224 (“Licensor”)
1. GRANT OF LICENSE 1.1 Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee a non-exclusive, non-transferable, license to use the software known as PC FreshStart (“Software”). 1.2 Licensee may install and use the Software solely for delivery of PCs For All StartFresh and Refresh Services and for refurbishing donated laptop PCs in accordance with this Agreement.
2. RESTRICTIONS 2.1 Licensee shall not modify, reverse engineer, decompile, or disassemble the Software, except to the extent that such restriction is prohibited by law. 2.2 Licensee shall not sublicense, distribute, or otherwise transfer the Software to any third party without Licensor’s prior written consent. 2.3 Licensee shall not remove or alter any proprietary notices from the Software.
3. INTELLECTUAL PROPERTY RIGHTS 3.1 Licensor retains all rights, title, and interest in and to the Software, including all copyrights, trademarks, and trade secrets. 3.2 Licensee acknowledges that no ownership rights are transferred under this Agreement.
4. TERM AND TERMINATION 4.1 This Agreement shall commence on the date of first license key purchase. 4.2 Licensor may terminate this Agreement immediately if Licensee breaches any material provision of this Agreement. 4.3 Upon termination, Licensee shall cease all use of the Software and destroy all copies in its possession.
5. WARRANTIES AND DISCLAIMERS 5.1 Licensor warrants that it has the right to grant the license herein. 5.2 EXCEPT AS EXPRESSLY PROVIDED, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. LIABILITY LIMITATION 6.1 LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT. 6.2 LICENSOR’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY LICENSEE FOR THE SOFTWARE.
7. SOFTWARE USE FOR SERVICES AND REFURBISHING Licensor agrees to deliver services in accordance with the process and customer service considerations specified in the training videos made available on this website.
8. PRODUCT AND SERVICE PRICING 8.1 Services: Service Pricing is not to exceed $69.00 for StartFresh and Restart services and $29.00 for PC Drive Recovery service. Licensor can discount the service pricing at any time below these prices at their discretion.
8.2 Refurbished Laptop Pricing: Refurbished Laptops that can be upgraded and sold using the PCs For All standard refurbishment process as detailed in the training video on this website are to be sold at a not to exceed price of $129.00. Licensor can discount this price at their discretion.
9. GENERAL PROVISIONS 9.1 Governing Law: This Agreement shall be governed by the laws of the State of Maryland. 9.2 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements. 9.3 Waiver: Failure to enforce any provision shall not constitute a waiver.
Licensor agrees to the terms of this agreement. This agreement is valid once the Licensor has submitted their PCs For All member store registration and purchases their first software license key.