Last Updated on July 29, 2019
When using the Site, you can purchase licenses, receive information, Content, updates, services, download Software or access your Account (as defined below) (the “Service”), but their availability is provided on an “as-is” basis and without any warranty to its quality.
Our Software is 100% GPLv3, and the freedoms attached thereto are not removed by these Terms.
By confirming these Terms, you warrant that you adhere to the following eligibility terms, and that if you are acting on behalf of a corporation, that all the end-users and employees of said corporation which shall be permitted to access the Site, Services and license the Content and/or Software which shall be purchased or accessible through the Site, shall accept these Terms as well.
The Services which are provided by Tenovi as of this day are the specified hereunder; however, Tenovi may modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site or Service (or any part thereof, including but not limited to the Content) without notice, at any time according to its sole discretion and without any prior notice.
4.1 Source Code License
The source code of the Software is licensed under the GNU GPL-3 terms with the following additional terms per GNU GPL-3 Section 7:
“The origin of the Program must not be misrepresented; you must not claim that you wrote the original Program. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original Program.”
You may (but are not required to) provide Tenovi with input, suggestions, information or materials and/or feedback in connection the Services, Software and/or the Content and/or in connection with your use thereof (“Feedback”). Tenovi shall own all right, title and interest in and to any such Feedback, and may use or incorporate such Feedback into the Services Content and/or Software at its discretion.
Tenovi shall not be liable for any damages whatsoever, including direct, indirect, special, incidental or consequential damages of any kind, resulting from or arising out of the Service, Site, Software or Content, including the use or inability to use the any of the forgoing, failure of ant of the foregoing to perform as represented or expected, loss of goodwill, data or profits, the performance or failure to perform under these terms, and any other act or omission or by any other cause whatsoever, including without limitation damages arising from the conduct of any third party services.
To the extent permissible under the law applicable to you and/or your use of the Service, Site, Software or Content, and without derogating from the aforementioned, no action may be brought by you against Tenovi or any employee, officer, affiliate or its end users for any cause whatsoever including the breach of these terms more than one (1) year after the occurrence of such cause of action.
The foregoing limitations, exclusions and disclaimers shall apply to all claims for damages, whether based in an action of contract, warranty, strict liability, negligence, tort, or otherwise. You hereby acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Tenovi’s Site, Software, Content or Services provided to you, and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy, and even if Tenovi and/or any Tenovi affiliates have been advised of the possibility of such liabilities and/or damages. Notwithstanding anything to the contrary (and without derogating from the foregoing limitations) in no event shall Tenovi’s cumulative liability to you exceed amounts paid by you to Tenovi for a Subscription Plan over the 12 months immediately preceding the occurrence of the cause of action.
User acknowledges by agreeing to the terms herein that Tenovi (and its affiliates) provide no warranties as to the performance, correctness, functionality or suitability of the services, software, content for any particular purpose. Tenovi does not warrant or make any representations regarding the use, the inability to use or operate, or the results of the use of the content available on the service. The Software, Service, Site and Content (and any part thereof) are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including warranties of title or non- infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.
Tenovi’s website may display ads. Nonetheless, Tenovi does not endorse and monitor any of these ads or their content nor is Tenovi responsible for the foregoing, even if they seem affiliated with Tenovi.
Tenovi may amend or change these Terms from time to time with or without notification and such changes will become effective immediate. If you decide that any change is not acceptable to you, you may terminate these Terms.
You are required to inspect, from time to time, these Terms.
Tenovi may, according to its sole discretion, terminate these Terms, the service or any service provided by it for any reason, for all the users or just to you, for any cause and for no cause, including, without limitation, due to lack of use or if Tenovi believes that you breached these Terms or acted in a manner which may harm Tenovi or the Services. Tenovi may, moreover and according to its sole discretion, refrain from providing the Services or any part thereof, with or without any prior notice.
You hereby warrant that any termination of your access to the service or services may apply without prior notice, and acknowledge that Tenovi may terminate the services immediately or remove your Content.
Moreover, Tenovi shall not be liable for any damage caused to you or any third-party as a result of terminating these Terms or by suspending, or otherwise limiting your use of the Services; However, in any case where Tenovi shall terminate these terms not due to your breach of these terms, then it shall continue to provide you with Services for the Subscription term you paid, or refund the proportional un-used portion of the pre-paid subscription fees , according to your discretion.
You hereby warrant and agree to indemnify, defend and hold Tenovi , and its affiliates, and respective officers, directors, employees and agents, harmless for any claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising due to your breach of representations and/or obligations under these Terms or related to your use, or inability to use, of the Service, Content, Software or the Site. This indemnification shall be made promptly, according to Tenovi’s request.
These Terms constitute the entire agreement between Tenovi and yourself and shall only be amended by written instrument. Any waiver, delay or withholding by Tenovi to enforce its rights shall not be constructed as an amendment.
Tenovi may assign any and all rights or obligations under these Terms and/or under any Subscription Plan to any third party (including without limitation to an affiliate and/or upon a merger, acquisition, sale of all or substantially all of its shares or assets or such part of its assets underlying these Terms) with or without notice. These terms will inure to the benefit of any Tenovi successor.
These terms of service shall be exclusively governed by the laws of the state of the United States of America without regard to its conflict of laws rules, and any dispute arising from it shall be exclusively brought to the courts of the Orange County district. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. You agree that any cause of action that you may have arising out of or related to these Terms must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You undertake not to engage in any class action against Tenovi and solely to claim your losses personally