Remote Assist Download Remote Control Support Services - Please read before proceeding! BY SCROLLING THROUGH THIS AGREEMENT AND CLICKING "ACCEPT" BELOW, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, THE WEB SITE TERMS OF USE AND PRIVACY STATEMENT AND THE POLICIES PROVIDED ON THIS WEB SITE, ALL OF WHICH ARE INCORPORATED INTO AND FORM PART OF THIS AGREEMENT. YOU ALSO REPRESENT THAT YOU HAVE READ AND UNDERSTAND ALL OF THE PROVISIONS OF THIS AGREEMENT. IN THE EVENT OF A CONFLICT BETWEEN THIS AGREEMENT AND YOUR CURRENT SERVICES AGREEMENT WITH IOWA SOLUTIONS (IF ANY), THE TERMS AND CONDITIONS OF YOUR CURRENT SERVICES AGREEMENT WITH IOWA SOLUTIONS CONTROLS. YOU MUST ACCEPT THIS AGREEMENT BEFORE YOU CAN USE IOWA SOLUTIONS SERVICES FROM THIS WEB SITE. This Agreement for Iowa Solutions Services (the "agreement")is entered into by and between the entity ordering the services ("you", "your" or "customer") and Iowa Solutions. Terms and Conditions 1. SERVICES. We agree to use commercially reasonable efforts to provide the service. Our ability to deliver the services depends upon your full and timely cooperation, as well as the accuracy and completeness of any information you provide. 2. CONFIDENTIALITY. The terms and conditions of this agreement are confidential, and any and all information identified by either party as "confidential" and/or "proprietary", or which, under all of the circumstances, ought reasonably to be treated as confidential and/or proprietary ("confidential information"), will not be disclosed by the receiving party to any third person without the express consent of the other party except under the terms of this agreement for five (5) years following the date of its disclosure. These confidentiality obligations shall not apply to any information which, (i) became known to receiving party from a source other than disclosing party other than by the breach of an obligation of confidentiality owed to disclosing party, (ii) is, or becomes, available to the general public other than through a breach by the receiving party, or (iii) is developed through the independent efforts of the receiving party. We may use any technical information we derive from providing services related to our products for problem resolution, troubleshooting, product functionality enhancements and fixes, and for our knowledge base. We agree not to identify you or disclose any of your confidential information in any item in the knowledge base. 3. WARRANTIES, DISCLAIMER. a. NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF TITLE, NON INFRINGEMENT, SATISFACTORY CONDITION OR QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY SERVICES, OR OTHER MATERIALS OR INFORMATION PROVIDED BY US. b. Application of local laws. If applicable law gives you any implied terms, despite the exclusions and limitations in this agreement, then to the extent permitted by applicable law, your remedies are limited as determined by us, in the case of services to either (i) re-supply of the services or (ii) the cost of the re-supply of the services (if any) The order in which these limited remedies are provided will be determined by us. 4. LIMITATION OF LIABILITY, EXCLUSIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: 1) OUR TOTAL LIABILITY IS LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SERVICES REGARDLESS OF THE REASON FOR YOUR CLAIM; 2) NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES LOSS OF PROFITS OR LOSS OF BUSINESS, FOR ANY MATTER RELATED TO THIS AGREEMENT, ANY SERVICES, OR ANY OTHER MATERIALS OR INFORMATION WE PROVIDE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND 3) IN THE EVENT SERVICES OR ANY SERVICES ARE PROVIDED TO YOU FREE OF CHARGE, OUR TOTAL LIABILITY TO YOU WILL NOT EXCEED US$5.00 OR ITS EQUIVALENT IN LOCAL CURRENCY. THIS EXCLUSION OF LIABILITY DOES NOT APPLY TO EITHER PARTY�S LIABILITY TO THE OTHER FOR VIOLATION OF ITS CONFIDENTIALITY OBLIGATION, THE OTHER PARTY�S INTELLECTUAL PROPERTY RIGHTS, OR IN THE EVENT OF FRAUD, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OR FOR DEATH OR PERSONAL INJURY CAUSED BY THAT PARTY�S NEGLIGENCE. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. 8. MISCELLANEOUS. This agreement constitutes the parties� entire agreement concerning the subject matter hereof, and supersedes any other prior and contemporaneous communications. All notices, authorizations, and requests given or made in connection with this agreement must be sent by post, express courier, or facsimile to the addresses indicated by both parties. Notices will be deemed delivered on the date shown on the postal return receipt or on the courier, or facsimile confirmation of delivery. You may not assign this agreement without our written consent, which consent will not be unreasonably withheld. You and we agree to comply with all international and national laws that apply to this agreement. This agreement is governed by the laws of the State of Washington if the services were purchased in the United States, the laws of Ireland if purchased in any country or region in Europe, Middle East or Africa ("EMEA"), or the laws of the jurisdiction where the affiliate delivering the services is located if purchased outside the United States or EMEA. Any action brought under this agreement shall be brought in federal or state court in the State of Washington if the services were purchased in the United States, the courts of Ireland if the services were purchased in any country or region in EMEA, or the courts of the jurisdiction where the affiliate delivering the services is located if purchased outside the United States or EMEA. Notwithstanding, this does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction. The sections regarding restrictions on use, fees, confidentiality, ownership and license, no other warranties, limitations of liability, termination, and miscellaneous of this agreement, will survive any termination or expiration of this agreement. If a court holds any provision of this agreement to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect and the parties will amend the agreement to give effect to the stricken clause to the maximum extent possible. No waiver of any breach of this agreement will be a waiver of any other breach, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party. Apart from the payment of any amounts due, neither party shall be liable for performance delays or for non performance due to causes beyond its reasonable control. It is the express wish of the parties that this agreement be drawn up in English. C�est la volont� expr�sse des parties que la pr�sente convention ainsi que les documents qui s�y rattachent soient r�dig�s en anglais. 9. IOWA SOLUTIONS CONTRACTING ENTITY. The contracting entity for this agreement is Iowa Solutions Inc. REMOTE CONTROL ASSISTANCE AGREEMENT These license terms are an agreement between Iowa Solutions and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Iowa Solutions updates, supplements, Internet-based services, and support services for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. As described below, using some features also operates as your consent to the transmission of certain standard computer information for Internet-based services. If you comply with these license terms, you have the rights below. 1. INSTALLATION AND USE RIGHTS. You may install and use one copy of the software on your device. 2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Iowa Solutions reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not disclose the results of any benchmark tests of the software to any third party without Iowa Solutions's prior written approval; work around any technical limitations in the software; reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; publish the software for others to copy; rent, lease or lend the software; transfer the software or this agreement to any third party; or use the software for commercial software hosting services. 3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.Iowa Solutions.com/exporting. 6. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it. 7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 8. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 10. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Iowa Solutions gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Iowa Solutions excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Iowa Solutions and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Iowa Solutions knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. Please run the file after clicking I Agree