SCHOOLCRAFT LEGAL SYSTEMS, INC., DBA TXdocs®
PLEASE READ THIS AGREEMENT CAREFULLY. In consideration of providing you access to and making it possible for you to install the product that is more fully described below (the "Product"), you agree to be bound by the terms of this Subscription and License Agreement (this "Agreement") and this Agreement becomes effective as to you, by your clicking the acceptance button, copying, installing or otherwise using the Product, or paying a subscription fee.
This Agreement is MADE between YOU individual and Schoolcraft Legal Systems, Inc. dba TXdocs ("TXdocs"), and governs any right or license that you possess to use the Product. It provides the terms and conditions of the license to use the Product.
FOR STUDENTS EDUCATIONAL ONLY: This product is provided for use only by legal and paralegal students who are enrolled in classes at an accredited educational institution in the State of Texas. This product may only be used for educational purposes in connection with a course of study at such accredited educational institutions.
THIS PRODUCT IS NOT TO BE USED TO CREATE DOCUMENTS OR OTHER INFORMATION TO BE USED FOR ANY PURPOSE OTHER THAN IN SUPPORT OF EDUCATION.
TXDOCS EXPRESSLY NOTIFIES YOU THAT THE DOCUMENTS AND INFORMATION CONTAINED IN OR GENERATED BY THIS PRODUCT MAY NOT BE UPDATED WITH CURRENT LAW AND TXDOCS MAKES NO WARRANTY OF ANY KIND CONCERNING ITS LEGAL SUFFICIENCY.
PRODUCT: The term "Product" means TXdocs®, TXdocsPlus® and TXpractice®, which includes a computer software program by the same name, any associated or related computer applications, and any computer software or digital files that TXdocs may provide to Licensee under the terms of this Agreement, whether as part of any initial installation of the Product or as part of any future update, revision, or other incremental addition to the Product.
WHO MAY USE THE PRODUCT: In this Agreement, "you" or the "Licensee" means the named person or entity that has been granted this license by TXdocs. You are granted a non-exclusive, non-transferable limited license and right to install and/or access and use the Product during that period, solely in accordance with the specific license terms, conditions and restrictions provided herein.
GRANT OF LICENSE: Subject to the terms and conditions contained herein, TXdocs grants to Licensee one licenses to use the Product.
PRIMARY CONTACT: Licensee agrees to timely notify TXdocs of any change or revision to licensee’s name or email address.
TERM AND REVOCATION OR TERMINATION OF LICENSE: This Agreement becomes effective as to TXdocs only upon its acceptance by TXdocs, as evidenced by delivery of a confirmation email or other correspondence to the Primary Contact. This Agreement may be terminated by either party at will. As it is each party's responsibility under this Agreement to timely notify the other party of any change in address, including email address, receipt by the party attempting termination of any "bounce-back" or other email reply indicating an "addressee unknown" or "mailbox full" or other similar condition will be deemed evidence of effective notice. TXdocs, in its sole and unrestricted discretion, retains the right to terminate this Agreement or Licensee’s access to the Product at any time for any reason, including but not limited to when: use of the Product is made by an unauthorized user or any other violation of the terms of this Agreement occurs.
PERMITTED USE OF THE PRODUCT: The Product provided under license by this Agreement is intended to be used only the licensed Student for Educational Purposes Only. The source code, algorithms, concepts, techniques, methods and processes contained in and embodying the Product constitute confidential and proprietary information and trade secrets of TXdocs and its licensors, if any, and TXdocs and its licensors retain all title, copyright, patent and other intellectual property or proprietary rights in the Product. Licensee agrees to access or use the Product for the sole purpose of creating, generating, and producing legal forms for use in the legal representation of Licensee's clients. If Licensee shares or transfers to another party the use or possession of any copy, or merged or combined portion of the Product, except as expressly provided in this Agreement, the granted license is automatically terminated. Licensee may not decompile, disassemble, reverse engineer or otherwise attempt to access the source code of the Product or reduce it to a human readable form. When Licensee is no longer enrolled in a course of study as described above then this license is automatically terminated.
ADDITIONAL SERVICES: At its sole discretion, TXdocs may offer other products, add-ons and services to Licensee by mail, electronic mail, text messaging, telephone, facsimile, through the TXdocs Web site or by any other method.
USAGE STATISTICS: The product includes the ability to collect and report statistics on your use of the product. These statistics will be used by TXdocs to analyze when, how and how often features and functions within the product are being used. This information will help TXdocs focus development and enhancement efforts on the areas of the product which are most valuable to users. You can disable collection and reporting of this data in the account settings.
DISCLAIMER OF WARRANTY: THE SUBSCRIPTION AND THE PRODUCT AVAILABLE THROUGH IT IS PROVIDED "AS IS", WITH ALL FAULTS, AND "AS AVAILABLE". EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, TXDOCS DISCLAIMS ALL EXPRESS WARRANTIES WITH RESPECT TO THE PRODUCT. TXDOCS FURTHER DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, WORKMANLIKE EFFORT, TITLE, NONINFRINGEMENT, NONINTERFERENCE WITH INFORMATION, OR ACCURACY OF THE CONTENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. TXDOCS MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCT OR AS TO THE ACCURACY OR LEGAL SUFFICIENCY OF ANY DOCUMENT, COMPUTATION, DATA OR OTHER MATERIAL PRODUCED BY THE PRODUCT, OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT THE PRODUCT OR ADDITIONAL SERVICES, IF ANY, WILL BE ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT ANY DEFECTS IN THE PRODUCT WILL BE CORRECTED, AND YOU BEAR THE ENTIRE RISK OF USING THE SUBSCRIPTION AND THE PRODUCT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED AT ANY TIME BY YOU FROM TXDOCS CREATES ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT AND ANY ADVICE OR INFORMATION OBTAINED BY YOU FROM TXDOCS IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE OF THAT ADVICE OR INFORMATION.
LIMITATION ON LIABILITY: THE PRODUCT PROVIDED UNDER THIS AGREEMENT IS NOT CLAIMED TO BE LEGALLY SUFFICIENT FOR USE OTHER THAN FOR EDUCATIONAL PURPOSES. TXDOCS MAKES NO REPRESENTATION CONCERNING THE LEGAL SUFFICIENCY AND ACCURACY OF ANY MATERIAL PRODUCED BY THE PRODUCT. IN NO EVENT WILL TXDOCS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR IN ANY AMOUNT, WHETHER RELATED TO THE SUBSCRIPTION, THE PRODUCT, SERVICES, ELECTRONIC OR PRINTED COMMUNICATIONS, INTERNET SITE(S) PROVIDED BY TXDOCS OR ANY THIRD PARTY ACTING ON BEHALF OF OR OTHERWISE HAVING A RELATIONSHIP WITH TXDOCS, OR IN ANY OTHER WAY, OR WHETHER RESULTING FROM ANY BUSINESS INTERRUPTION, LOST DATA, NEGLIGENT ACT OR TORT SUFFERED BY YOU, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF TXDOCS HAS BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES, EXCEPT DIRECT DAMAGES UP TO THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT FOR ONE (1) MONTH'S SUBSCRIPTION FEE ONLY.
DEFAULT: If Licensee defaults on its obligations under this Agreement, or if TXdocs is obligated to initiate legal action or institute suit for collection or enforcement in order to protect its rights and interests under this Agreement, Licensee agrees to pay TXdocs all costs of collection and enforcement, including reasonable attorney’s fees, expenses and court costs, in addition to any amounts due. In the event of default, all amounts due to TXdocs will accrue interest at the highest rate allowed by law.
GENERAL: If the terms of this Agreement conflict with any other express or implied representations made by any authorized representative or employee of TXdocs, or in any written material produced or supplied by TXdocs, the provisions of this Agreement prevail. All prices and terms are subject to change by TXdocs and changes are effective 30 days after notice of the change is published. This Agreement is governed by and to be construed in accordance with the laws of the State of Texas. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid, or unenforceable, that provision will be severed and all remaining provisions will be given full force and effect. Venue for any cause of action arising under or related to this Agreement is in Bexar County, Texas for state law matters and in the Western District of Texas, San Antonio Division for federal law matters. By accepting this Agreement, you expressly consent to permit TXdocs to: (1) send information to you for any purpose via facsimile transmission or by text messaging to any wireless device number that you provide to TXdocs; and (2) contact you via telephone, electronic mail, or any wireless telephone number that you provide to TXdocs. Failure by TXdocs to exercise any of its rights under this Agreement will not waive TXdocs’ ability to exercise those rights at a later date.
This Subscription Agreement has been electronically agreed to by Licensee.