Terms of Service

Terms of Service and End User License Agreement

These Terms of Service and End User License Agreement (collectively referred to as the "Agreement") are made between HAMMOND SOFTWARE SOLUTIONS, LLC and you (collectively referred to as “HAMMOND SOFTWARE,” “we,” or “our”). HAMMOND SOFTWARE is a company operating under the name HAMMOND SOFTWARE (or conducting transactions) and this Agreement is made between you (collectively referred to as “you,” “yourself,” “user,” or “customer”). This Agreement sets forth the terms and conditions under which you use all products and services of HAMMOND SOFTWARE (collectively referred to as the “Services”). Within the scope of such Services, this Agreement covers (i) your service plan; and (ii) any additional services of any supplemental service plans you order, as described on our services and pricing page. By accessing, using, registering for, or receiving any Services, you agree to the following terms and conditions and the terms and conditions in our privacy policy (collectively referred to as the “Policies”), which are incorporated into this Agreement by reference. Certain services you purchase may be subject to additional terms. In such cases, those additional terms also apply to this Agreement.

If you do not accept and agree to these terms and conditions and our Policies, you must not access or use the Services.

HAMMOND SOFTWARE may modify this Agreement from time to time to reflect changes in applicable laws or requirements or modifications or updates to the Services. If such changes significantly affect your rights under this Agreement, HAMMOND SOFTWARE will notify you. Changes will not apply retroactively unless required by law or security reasons necessitate immediate effectiveness, and reasonable notice will be provided before the modified terms take effect. If you do not agree to be bound by this Agreement, our Policies, or any subsequent modifications, you must stop using the Services (see Cancellation and Termination).

Applicable Law and Arbitration for U.S. Users

For users within the United States, California law applies to this Agreement, including any disputes arising from this Agreement or your use of the Services. The United Nations Convention on Contracts for the International Sale of Goods and any other similar laws, regulations, or statutes effective in any other jurisdiction do not apply to this Agreement.

Applicable Law and Jurisdiction for Non-U.S. Users

For users outside the United States, this Agreement and any non-contractual obligations arising from or related to this Agreement are governed by and construed in accordance with the laws of England and Wales, but only subject to any mandatory provisions of consumer law in your country of residence. The United Nations Convention on Contracts for the International Sale of Goods and any other similar laws, regulations, or statutes effective in any other jurisdiction do not apply to this Agreement.

You and HAMMOND SOFTWARE irrevocably agree that the courts of your country/region have non-exclusive jurisdiction over any disputes or claims (including non-contractual disputes or claims) arising from or related to this Agreement (including your use of the Services) or its subject matter or formation. Alternatively, you may submit disputes to an alternative dispute resolution provider in your jurisdiction through the European Commission’s Online Dispute Resolution (ODR) platform (including if you are located in the EU and the UK is still a member of the EU at the time the dispute arises, or participates in any transitional arrangements or any new trade agreements).

Eligibility

Services are only available for users who are thirteen (13) years of age (or the age of majority in your country, if higher than 13). If you are under thirteen (13) years of age (or the age of majority in your country, if higher than 13) and you register or use the Services, we do not agree to provide Services to you, and you must cancel your account and stop using the Services. By registering and/or using the Services, you represent and warrant that you are at least thirteen (13) years of age (or the age of majority in your country, if higher than 13).

If you register and use the Services on behalf of another party, entity, or organization, you represent and warrant that you have the authority to bind that party, entity, or organization to this Agreement and have the authority to act on behalf of that party, entity, or organization in all matters relating to the Services and this Agreement.

License and Use of Services

Scope of License: HAMMOND SOFTWARE grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to install and use the HAMMOND SOFTWARE software required for the Services only on the number of devices for which you have paid the applicable fees and taxes and for the term of the service plan. Each subscription grants you the right to install and use the HAMMOND SOFTWARE software to protect one device at a time. You may transfer your license from one device to another by contacting us. If you wish to use the Services on multiple devices, you must obtain a separate license for each device or obtain a multi-device license by purchasing additional licenses or license packs. This license allows you to use the HAMMOND SOFTWARE software solely for the purpose of using the Services. We retain all other rights to the HAMMOND SOFTWARE software. Your license to use the HAMMOND SOFTWARE software is limited by the provisions of this section of the Agreement. If you do not agree to the terms of this license, you must cancel your account and stop accessing the Services.

Service Access Restrictions: You may only access the Services through interfaces and protocols provided or authorized by HAMMOND SOFTWARE. You agree not to access the Services by unauthorized means (such as unauthorized software clients).

Redistribution: You may not redistribute the Services or provide access to or use of the Services to others unless you have entered into a separate reseller agreement or other agreement with HAMMOND SOFTWARE that expressly authorizes you to engage in such activities. You may request permission from HAMMOND SOFTWARE to conduct business or reseller use and distribution of HAMMOND SOFTWARE software by contacting us.

Modifications and Updates to the Services: HAMMOND SOFTWARE may change the Services and any aspects or features thereof from time to time if it deems necessary for security or legal reasons to ensure the operability of the Services, reflect technological advancements, or enhance the functionality we can provide to customers. You hereby agree to automatically update the Services installed on your computer.

Cancellation, Termination, and Refunds

You may cancel any Service at any time during the term, including when changes to the Service or this Agreement occur that you do not agree with. You can manage your billing preferences through the “My Services” option in the control panel. Alternatively, if you need assistance, you can contact us through our help center or call (001) (763) 900-9935.

Intellectual Property

All trademarks, service marks, or other similar items used in connection with the Services are the property of their respective owners, including but not limited to HAMMOND SOFTWARE. Ownership of all intellectual property related to the Services remains with HAMMOND SOFTWARE and its licensors. You agree not to take any action that would infringe, limit, or interfere with the intellectual property rights of HAMMOND SOFTWARE or its licensors.

Disclaimer and Indemnification

You acknowledge and agree that the risk of using the Services is entirely yours. You further acknowledge and agree that HAMMOND SOFTWARE does not control the content of information transmitted through network hubs and access points or the internet, nor does it assume any responsibility for the content of such information unless it is transmitted via devices controlled by HAMMOND SOFTWARE.

You agree to indemnify, defend, and hold harmless (i) HAMMOND SOFTWARE, our officers, directors, employees, agents, licensors, suppliers, and (ii) any third-party providers who provide us with information or services, and their respective officers, directors, employees, agents, subcontractors, affiliates, and contractors (collectively, the “Indemnified Parties”) from and against all losses, expenses, damages, and costs (including reasonable attorney fees) arising from any violation of these terms and conditions (including this Agreement and our Policies) or your violation of any applicable laws, regulations, or rules. If any Indemnified Party is subject to any claim for which it is entitled to indemnification from you, that Indemnified Party has the right to conduct the exclusive defense and control of any such claim at your expense, and you may not settle any claim without the prior written consent of the Indemnified Party in any circumstance.

Entire Agreement

This Agreement constitutes the entire agreement between HAMMOND SOFTWARE and you regarding the Services and supersedes all prior agreements between you and HAMMOND SOFTWARE regarding the subject matter of this Agreement. Unless explicitly stated otherwise, any items or services provided by HAMMOND SOFTWARE for the further provision of Services are subject to this Agreement. In the event of any conflict between this Agreement and any other document, the terms specified in this Agreement shall prevail. Any references to singular or plural and any references to masculine, feminine, or neutral shall be interchangeable based on the context of the sentence.

Severability

This Agreement shall be enforced to the maximum extent permitted by applicable law. If any provision of this Agreement is found to be invalid or unenforceable for any reason under applicable law, (i) that provision shall be interpreted, construed, or modified to make it valid, enforceable, and consistent with the original intent of that provision to the reasonable extent necessary; (ii) the invalidity or unenforceability of that provision shall not affect the validity or enforceability of any other provisions of this Agreement, and all such provisions shall remain in full force and effect.