This Agreement is between you and Moxart, Inc. (Moxart), the licensor of EZ*NP software. This Agreement describes the terms governing your use of the EZ*NP online subscription services provided to you on the EZ*NP website (the Website), including content, updates and new releases, (collectively, the "Services").
This agreement commences on the Effective Date and will automatically renew every six months unless at the then existing price, unless Moxart terminates this agreement as provided in paragraph 15, or you provide notice of your intent to terminate the Agreement.
Your Content consists of data about your organization, services, products; and associated people and other organizations.
You and assigned members and affiliates of your organization are the only persons authorized to use your usernames and passwords and you are responsible for maintaining the confidentiality of them.
The Services may periodically be updated with tools, utilities, improvements, third party applications, or other improvements. You agree to receive these updates.
You agree to the applicable EZ*NP Privacy Statement, and any changes published by Moxart, which is displayed below. You agree that Moxart may use and maintain your data according to this Agreement and the EZ*NP Privacy Statement, as part of the Services.
EZ*NP has not been optimized for use with mobile devices. However, parts of it may work well enough on such devices to be useful. You agree that if you use a mobile device you are solely responsible for all requirements, including any additional software, applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. Moxart makes no warranties or representations of any kind, express, statutory or implied as to:
Moxart may be required by law or wish to send you communications about the Services or other matters. You may be offered other services, products, or promotions by Moxart ("Moxart Services") for which additional terms and conditions and fees may apply. You agree that Moxart may send these communications to you via email or by posting them on this website. Notices to Moxart may be sent by email to firstname.lastname@example.org, or by postal mail to: Moxart, 124 Cornell Rd., Bala Cynwyd, PA 19004.
Moxart does not provide legal, financial, tax, health care, accounting, real estate or other such services or advice. Consult the services of a competent professional when you need this type of assistance. Moxart will give you advice on how to use its product, which will may include suggestions on ways in which to manage your organization.
Your use of the services, software, and content is entirely at your own risk. Except as described in this agreement, the services are provided "as is." Moxart, its affiliates, and its third party providers, licensors, distributors or suppliers (collectively, "Suppliers") do not warrant that the services are secure, free from bugs, viruses, interruption, errors, theft or destruction. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of purchase or delivery of the services, whichever is sooner. Moxart and its Suppliers disclaim all warranties, express or implied, including
The entire liability of Moxart and its Suppliers for all claims relating to this agreement shall be limited to the amount you paid for the services during the twelve (12) months prior to such claim. Moxart, its affiliates and its Suppliers are not liable for any of the following:
The above limitations apply even if Moxart and its affiliates and suppliers have been advised of the possibility of such damages. This agreement sets forth the entire liability of Moxart, its affiliates and suppliers and your exclusive remedy with respect to the services and its use.
You agree to indemnify, defend and hold harmless Moxart, its affiliates, suppliers, officers, directors and agents ('Indemnified Parties') against claims, liabilities, demands, damages, expenses and losses (including reasonable attorney fees and expenses of litigation) (collectively referred to as 'Claims') arising out of the use of the Services or breach of this Agreement by you, your employees, your agents or any third party acting on behalf of or under authorization of you in the use of the Services contemplated by this Agreement.
In the event this duty to indemnify, defend and hold harmless the Indemnified Parties is limited by applicable law, you agree to indemnify, defend and hold harmless the Indemnified Parties to the maximum extent permissible under applicable law.
The Indemnified Parties reserve the right, in their sole discretion and at their own expense, to assume the exclusive defense and control of any Claims. In the event the Indemnifies Parties choose to to do so, you agree to reasonably cooperate as requested by the Indemnified Parties in the defense of any Claims.
Moxart may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services effective immediately, in whole or in part, for concerns such as, but not limited to
Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Moxart's rights to any payments due to it. Moxart may terminate a free account at any time.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted on this Website or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services after any such changes indicates your agreement to the changes.
This Agreement will be governed by and construed under the laws of the Commonwealth of Pennsylvania, USA, without regard to principles of conflict of laws. Each of the parties submits to the personal jurisdiction of any state court sitting in Montgomery County, Pennsylvania or any federal court sitting in the Eastern District of Pennsylvania with respect to such judicial proceedings. Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety or to other security that might be required of any party with respect thereto.
The provisions of this Agreement dealing with indemnification, limitation of liability, disclaimer of warranties, governing law, disputes, confidentiality, and the use and storage of your information will survive and remain in effect even if the Agreement is terminated.
There is substantial and detailed user documentation within the help section of EZ*NP. Moxart may use a variety of methods (e.g., in-product, Internet, e-mail, chat, video, fax and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by Moxart from time to time.
This Agreement, including the Additional Terms below, is the entire agreement between you and Moxart and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You cannot assign or transfer ownership of this Agreement to anyone without written approval of Moxart. However, Moxart may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale or transfer of assets by Moxart or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Moxart via an email to: email@example.com.
Moxart takes your privacy seriously. If you are not a Moxart customer, we do not collect any information about you. For EZ*NP customers:
You will choose an organization code, and EZ*NP puts a cookie with that code on your computer. A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. We use a cookie to identify you when you log in. We keep a record of every username and password you set up, and the access you allow to each user.
All the data kept about you is available within EZ*NP and accessible to anyone in your organization with administrative privileges via the EZ*NP menus. Your administrator can update any information about your organization and may set up or delete usernames and passwords.
The data concerning your organization's activities and customers which you enter into your EZ*NP system is yours. Moxart will not access it or view it except incidentally at your request for help with a technical or organizational issue; or in the event of a complaint from a third party. Moxart will not store your data anywhere else except for standard backups.
Our webhost, Hostek, secures the site. See Hostek Security. That security protects all the data you enter into EZ*NP. Additionally, we will encrypt or hash sensitive information such as social security numbers. EZ*NP does not store your credit card or bank account numbers.
Terms & Conditions for Beta Testers
A beta test of EZ*NP is real life usage of the software by Tester for the purposes of:
EZ*NP is a system which consolidates almost all of the backoffice work of running a non-profit organization; and does this in a way that is easy for ordinary people to use. We would like it to be as error free and easy to use as possible. Because running a non-profit is a very complicated matter, EZ*NP is very complicated. No one tester can follow all the possibilities and find every possible bug. But several ordinary users, running EZ*NP to manage their organizations, will surely pick up any significant problems.
This report should include
Reports on bugs or problems should be sent by email to firstname.lastname@example.org at the time the error or difficulty is discovered. Screenshots of what happened are welcome.
There will also be a report quarterly stating the number of hours EZ*NP was used, what features were accessed, and how many bugs or difficulties were encountered. The report form will be available via the EZ*NP menu system under 'administration'.
Beta testing is only offered to current Moxart customers. In consideration of the valuable service that Tester provides as a beta tester, Moxart will waive the ordinary software licensing fees it would charge Tester. This waiver of fees shall be applicable during the time you are engaged in beta testing under this contract.
The term of this contract will be from the signing date through the next June 30th or December 31st. At EZ*NP's discretion, this contract may be renewed for 6 months.
You may drop out of the beta testing at any time and resume paying your fees.
Should EZ*NP be unsatisfied with your reporting, we will send you a written notice of the deficiencies, along with 30 days to correct them. Should they not be corrected, EZ*NP will drop you from the beta test program and resume your ordinary charges. Beta testers are valuable members of the EZ*NP community, and will not be dropped except for substantial reasons.