1.1 PickAtime does hereby grant to Customer a nonexclusive, nontransferable right to use the pickAtime Online Appointment Book.
1.2 Notification of charges will be done through customer email accounts. All fees are due on the last calendar day of each month, unless otherwise stated.
1.3 Any outstanding balances that go unpaid after 30 calendar days will result in suspension of the service.
PickAtime reserves the right to institute any necessary changes to the service, and will furnish Customer with updates and enhancements of the pickAtime Online Appointment Book, if applicable, as and when the same are released.
Customer agrees that all right, title and interest to any feedback or suggestions relating to the Online Appointment Book or any inventions relating to an improvement of the Online Appointment Book conceived in or made as a result of Customer's performance of this Agreement shall become the exclusive property of pickAtime and that pickAtime may disclose and use such information for any purposes whatsoever, entirely without obligation of any kind to Customer.
Customer acknowledges that pickAtime Online Appointment Book consists of software which is proprietary and confidential to pickAtime or its licensors; and all rights, title and interest therein or thereto, including without limitation, all patents, copyrights, trademarks and trade secrets remain in pickAtime or its licensors. Therefore, Customer shall not disclose, directly or indirectly, or take any other action which would result in the unauthorized disclosure of any confidential or proprietary data whatsoever.
Customer shall not translate, copy, disassemble, reverse engineer, or decompile any proprietary software, nor shall Customer make copies or translations of any documentation.
Customer acknowledges that the pickAtime Online Appointment might contain defects or deficiencies, which cannot or may not be corrected. Customer further acknowledges that use of the Online Appointment Book may involve the transmission, upload, download, translation or transfer of its data to a server or computer platform outside of Customer's control, and some errors in the data may occur while transferring, transmitting or translating data while using the Online Appointment Book. pickAtime cautions Customer to determine for itself the suitability of the use of the software for any purpose.
PickAtime makes no representations or warranties, express or implied, regarding the use or performance of the product. Customer accepts the service in "as is" condition, and pickAtime shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, regardless of the nature of the claim, including without limitation lost profits, costs of delay, any failure of delivery, costs of lost or damaged data or documentation or liabilities to third parties arising from any source, even if pickAtime has been advised of the possibility of such damages.
This Agreement and the license contained herein shall not be assignable by the Customer without the express written consent of pickAtime. This Agreement constitutes the entire Agreement between the parties and supersedes all prior agreements, whether written or oral, concerning the subject matter herein, and may not be amended or modified except by written consent of both parties. Any notices or other communication shall be addressed to the parties at the address shown above. This Agreement shall be governed by the laws of the State of Washington, United States of America, without regard to conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. In addition to the foregoing, and not in lieu thereof, Customer agrees to comply with the export laws and regulations of the United States Government, or any other export laws, restrictions or regulations, as they apply to the exports of products and technical data from the United States and re-exports or transfers of products and technical data from other countries, and to furnish or complete such documentation as may be required. Customer's obligations under Sections 3, 4 and 5 shall survive the termination of this Agreement.