Pinnacle Infodynamics Product Licensing


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Software Licensing
Pinnacle does not sell copies of software. Instead we sell limited, non-exclusive license subscriptions to access our various cloud-based software applications.
Cloud-based Pinnacle software simplifies your business operations by eliminating software downloads and updates, while reducing costs by eliminating server maintenance, operation and security. Product updates occur seamlessly outside hours of normal business operation, to keep you running smoothly.
License cost varies by product, length of subscription and other factors and is exclusive of product support. Limited license subscriptions are subject to product specific terms and conditions as well as acceptance of the site terms and conditions.
For more information, visit individual product pages by clicking the Products link above.
Cloud Software License
Pinnacle Brands, Inc., it's assigns and successors (collectively "Pinnacle") agrees to license the software only upon the condition that you accept all of the terms and conditions set out in this Software License Agreement. Please read this agreement carefully. By registering for use of this software, You indicate Your acceptance of this License Agreement on behalf of a company or other legal entity. Your acceptance represents that You have the authority to bind such entity to these terms, in which case "You" or "Your" shall refer to Your entity. If You do not agree to accept this agreement, Pinnacle is unwilling to license the software and You shall discontinue use immediately.
							
The parties to this agreement are You, the Licensee ("You") and Pinnacle. If You are not acting on behalf of Yourself as an individual, then "You" means Your company or organization. A company or organization whall in either case mean a single business entity, and shall not include its affiliates or wholly owned subsidiaries.
							
The Cloud Software (the "Software") includes all products and components listed on the Pinnacle website, including but not limited to: user interface, graphics, source code, binary executables, documentation, images, and scripts distributed by Pinnacle and any derivatives of the collection.
							
The Software is licensed, not sold. You are granted a non-exclusive, non-transferable license, without rights to sublicense, to use the Software subject to the terms and conditions contained herein. You are not permitted to access the Software source code, modify or customize the Software in any manner. Doing so, is a violation of this License Agreement.
							
You agree that Pinnacle owns all legal right, title and interest in and to the Software and all intellectual property rights embodied therein, including copyrights and valuable trade secrets embodied in the Software design and coding methodology. The Software is protected by United States copyright laws and international treaty provisions. This License Grant provides You only with a limited, non-exclusive license to use the Software, and conveys no ownership in any manner to any intellectual property owned by Pinnacle.
							
The Software is licensed for use for a single physical business location, conducting legal business operations in the jurisdiction where You operate only for the legal purposes as defined in Your specific jurisdiction. Each separate location must license this Software independently. The Software is NOT licensed for use in jurisdictions outside the United States of America. You agree that no portion of the Software may be reproduced in any form or by any means and may subject You to civil and criminal penalties, including possible monetary damages for copyright infringement.
							
Monthly Billing.
You agree Pinnacle in its sole discretion shall determine the price of Software License Fees, payment terms and term of contract. Pinnacle licenses Software on a 28-day month billing cycle (the "Monthly Software License Fees"). Monthly Software License Fees are due and payable on the first day of each billing cycle for the current month for the term of the Agreement and earned in full when billed. Transactional Software License Fees, if any, are due and payable on the first day of each calendar month for the prior month, and will be billed separately from Monthly Software Licensee Fees. Payment for Monthly License Fees and Transactional License Fees are accepted via credit card auto-rebill, quarterly check, cash, bank wire and select crypto tokens.
							
You understand and agree that Licensees more than fifteen (15) days in arrears are subject to suspension of Software and data access until all License Fees and any assessed late fees are paid in full, at the sole discretion of Pinnacle. Licensees in arrears for sixty (60) days shall be subject to termination at the sole discretion of Pinnacle. Pinnacle will not be responsible to You or any third party for any damages that may result or arise out of such suspension of Your Account and/or access to the Software.
							
You may terminate Your Account and/or stop using the Software at any time. Any fees paid by You prior to Your termination are fully earned and nonrefundable, including any fees paid in advance for the billing period during which You terminate. Termination of Your Account shall not relieve You of any obligation to pay any accrued fees or charges.
							
Pinnacle may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of Your Account and/or access to the Software. Cause for such termination shall include: (a) violations of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Software; (b) a request by You to cancel or terminate Your Account; (c) a request and/or order from law enforcement, a judicial body, or other governmental agency; (d) where provision of the Software to You is or may become unlawful; (e) unexpected technical or security issues or problems; (f) Your participation in fraudulent or illegal activities; or (g) failure to pay any fees owed by You in relation to the Software. Any such termination shall be made by Pinnacle in its sole discretion and Pinnacle will not be responsible to You or any third party for any damages that may result or arise out of such termination or suspension of Your Account and/or access to the Software. In addition, Pinnacle may terminate Your Account upon prior written notice via email to the address associated with Your Account if (a) Your Account has been inactive for one (1) year; or (b) there is a general discontinuance or material modification to the Software or any part thereof. Any such termination or suspension shall be made by Pinnacle in its sole discretion and Pinnacle will not be responsible to You or any third party for any damages that may result or arise out of such termination or suspension of Your Account and/or access to the Software.
							
Upon termination of Your Account, You will lose all access to the Software and any portions thereof, including, but not limited to, Your Account, the Software, content and data. In addition, after a period of time to be determined by Pinnacle, Pinnacle will delete information and data stored in or as a part of Your Account. Any individual components of the Software that You may have used subject to separate Software License Agreements will also be terminated in accordance with those License Agreements.
							
Data Collection, Storage and Privacy.
Some jurisdictions do not allow the exclusion of certain warranties, as such, to the extent such exclusions are specifically prohibited by applicable law, some of the exlusions set forth below may not apply to You.
							
To the greatest extent permissible by applicable law, Pinnacle does not guarantee or warrant that any data or content You may upload to the Software will not be subject to inadvertant damage, corruption, loss, or removal in accordance with the terms of this Agreement, and Pinnacle hereby disclaims responsibility and any liability should such damage, corruption, loss, or removal occur. Pinnacle shall use reasonable skill and due care in providing the Software. The following disclaimers are subject to this express warranty.

You expressly understand and agree that the Software is provided on an "as-is" and "as available" basis. Pinnacle and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In particular, Pinnacle and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors make no warranty that (a) the Sofware will meet Your requirements; (b) Your use of the Software will be timely, uninterrupted, secure or error-free; (c) any information obtained by You as a result of the Software will be accurate or reliable; and (d) any defects or errors in the Software provided to You will be corrected.
							
Pinnacle does not represent or guarantee that the Software will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and Pinnacle disclaims any liability relating thereto.
							
Any data or material downloaded or otherwise obtained through the use of the Software is accessed at Your own discretion and risk, and You will be solely responsible for any damage tht results from the download of such data or material. You further acknowledge that the Software is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the dontent, data or information provided by the Software could lead to direct or consequential damages.
							
Some jurisdictions to not allow the exclusion or limitation or liability by Software providers. To the extent such exclusions or limitations are specifically prohibited by applicable law, some of the exlusions or limitations set forth below may not apply to You.
							
Pinnacle shall use reaonable skill and due care in providing the Software. The following limitations do not apply in repsect of loss resulting from (a) Pinnacle's failure to use reasonable skill and due care; (b) Pinnacle's gross negligence, wilful misconduct or fraud.
							
You expressly understand and agree that Pinnacle and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors shall not be liable to You for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if Pinnacle has been advised of the possibility of such damages), resulting from: (a) The use or inability to use the Software; (b) any changes made to the Software or any temporary or permanent cessation of the Software or any part thereof; (c) the unauthorized access to or alteration of Your transmissions or data; (d) the deletion of, corruption of, or failure to store and/or send or receive Your transmissions or data on or through the Software; (e) statements or conduct of any third party on the Software; and (f) any other matter relating to the Software.
							
You agree to defend, indemnify and hold Pinnacle, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys fees, made by a third party, relating to or arising from: (a) Any data You submit, post, transmit, other otherwise make available through the Software; (b) Your use of the Software; (c) any violation by You of this Agreement; (d) any action taken by Pinnacle as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occured, or (e) Your violation of any rights of another. This means that You cannot sue Pinnacle, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn You, to suspend or terminate Your access to the Software, or to take any other action during the investigation of a suspected violation as as a result of Pinnacle's conclusion that a violation of this Agreement has occured. This waiver and indemnity provision applies to all violation described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Ageement and Your use of the Software. You acknowledge that You are responsible for all use of the Software using Your account, and that this Agreement applies to any and all usage of Your account. You agree to comply with this Agreement and to defend, indemnify and hold harmless Pinnacle from and against any and all claims and demands arising from usage of Your account or Software, whether or not such usage is expressly authorized by You.
							
Pinnacle provides You with notices regarding the Software, including changes to this License Agreement, within the Software and may provide additional notice by email, by regular mail, or by postings on our website. Continued use of the Software after the effective date of the current License Agreement constitutes Your acceptance of the terms of the License Agreement.
							
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between You and Pinnacle shall be governed by the laws of the State of Colorado, excluding its conflicts with law provisions. You and Pinnacle agree to submit to the personal and exclusive jurisdiction of the courts located withing the county of Denver, Colorado to resolve any dispute or claim arising from this Agreement. If (a) You are not a legal U.S. citizen; (b) You do not reside in the U.S., (c) You are not accessing this Software from the U.S., You are not licensed to use the Software.
							
If any Section or other provision of this Agreement, or the application of such Section or provision, is held invalid, then the remainder of this Agreement, and the application of such Section or provision to persons or circumstances other than those with respect to which it is held invalid, shall not in any way be affected or impaired thereby. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision. The parties agree to negotiate in good faith a substitute valid and enforceable provision that most nearly effects the partiesâ€™ intent and to be bound by the mutually agreed substitute provision.
							
You hereby agree to pay any costs incurred by Pinnacle in enforcing any provision of this Agreement in the event of the initiation of any legal action or proceedings for such purpose, including but not limited to all court costs and reasonable attorneyâ€™s fees, which costs shall bear interest at the rate of 6% per month from the date of judgment.
							
This Agreement constitutes the entire Agreement between You and Pinnacle, governs Your use of the Software and completely replaces any prior agrements between You and Pinnacle in relation to the Software. You may also be subject to additional terms and conditions that may apply to You when You use affiliate services, third-party partners, or third-party Software. The failure of Pinnacle to exercise or enforce any right or provision of this Agreement shall not constitute a waiver or such right or provision. You agree that, except as otherwise expressly provided in this Agreement, there shall ne no third-party befeficiaries to this Agreement.
							
Effective Date: October 15, 2023
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