Last Updated: 1/1/2022


As a recipient of Aestiva services, your organization is limited by the policies provided herein. Such policies supersede all agreements, even if provided in writing as part of a new software license purchase, on an order for support, a support contract renewal, or an order for services.

To supersede any clause in this document, you must provide a signed agreement that specifies this document and its update date, explicitly, along with written agreement from an officer of Aestiva Software, Inc.

Aestiva EULA and Intellectual Property
As a software firm, Aestiva protects its intellectual property. All terms in Aestiva's EULAs and terms shall supersede those found in other agreements between Aestiva and its customers. In the event of a conflict, Aestiva's interpretation shall be considered the correct interpretation. Our standard EULA is shown below.

AESTIVA END-USER LICENSE AGREEMENT For users of "Aestiva Array" products. LICENSE FEES: Subject to payment of application license fees, if any, Aestiva, Inc. ("Aestiva") grants to you a non-exclusive license to use the Aestiva Array ("Array") software and accompanying documentation (the "Software") in the manner described herein. GRANT OF LICENSE: This Software is protected by copyright laws, international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed and not sold. 90 DAY WARRANTY: Aestiva warrants for a period of ninety (90) days from the purchase date, that the Software will substantially achieve the functionality described in the documentation or on the Aestiva Web site. Aestiva however, does not warrant that the software will be error-free or secure. Furthermore, you hereby agree that Aestiva's sole liability for any breach of this warranty is (i) replacement of defective copies of the Software, (ii) advisement of how to achieve similar functionality through a procedure different from that described in the documentation or (iii) provide a full refund for the purchase, at the discretion of the buyer. Only if you inform Aestiva of your desire for a full refund, in this ninety day warranty period, will Aestiva be obligated to honor this warranty. Aestiva is not obligated to honor more than one refund per customer and may deduct shipping and handling fees from such refunds. THIS WARRANTY IS LIMITED AND IT IS THE ONLY WARRANTY MADE BY AESTIVA FOR THIS SOFTWARE PRODUCT. AESTIVA MAKES NO WARRANTIES REGARDING FITNESS FOR A PARTICULAR PURPOSE AND IS LIMITED BY THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG A WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO AESTIVA DEALER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. HIGH-RISK ACTIVITIES: The Software is not fault-tolerant and is not designed, manufactured or intended for use in high-risk, hazardous or fail-safe environments. Aestiva and its suppliers specifically disclaim any expressed or implied warranties of fitness for any High-Risk Activities. SCOPE OF USE: Users of all versions of Array may (i) use the Software on any single computer, (ii) may copy the software for backup/archival purposes and (iii) use the software within the limits set forth for the particular edition they run. DEVELOPMENT and PROFESSIONAL editions of Array may be used for commercial, non-commercial and software development use. Aestiva reserves the right to clarify the scope of use of each edition from time to time (see http://www.htmlos.org/editions for clarifications) and introduce new editions, as it sees fit. IMPROPER USE: Users may not (i) separate the software into components for use on more than one computer (the Software is licensed as a single product). (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), create derivative works based on the Software, (iii) remove any proprietary notices and labels on the Software, (iv) copy the software for use on more than one instance, or (v) run products in ARRAY to overcome licensing restrictions. OWNERS OF PRODUCTS FOUND DIRECTLY OR INDIRECTLY RESPONSIBLE FOR IMPROPERLY USING ARRAY HEREBY AGREE TO TRANSFER THE ENTIRE RIGHTS AND INCOME FROM SUCH PRODUCTS BENEFITING FROM SUCH ACTIVITIES TO AESTIVA AND AGREE TO PAY REASONABLE LEGAL AND COLLECTION COSTS TO TRANSFER AND ENFORCE SUCH RIGHTS. DOMAIN NAME USE: Some editions of Array are designed to function on a single or set of domain names registered with Aestiva. To run multiple instances and multiple domains special licensing is required. Users of Array may not change Software to break this copy-protection limitation. TITLE: Title, ownership rights and intellectual property rights in the Software shall remain in Aestiva. The Software is protected by copyright and treaties. Title and related rights in the content developed with the software is the property of the applicable content owner and is protected by applicable law. TERMINATION: The right to use Array will terminate automatically if you fail to comply with the limitations described herein. Upon termination you are obligated to destroy the Software and Documentation. Improper use penalties and transfer rights shall continue to be enforced with termination of this license. DISAGREEMENT: If you do not agree with ANY of the terms in this agreement you must immediately destroy your copy of Array and destroy (or return to Aestiva) all printed materials, if any. Use of Array constitutes agreement with all the terms of this license. This agreement shall be governed by Florida law (except for conflict of law provisions). The venue for disputes shall be Florida.

Uncontracted Costs
Aestiva reserves the right to charge the customer for legal costs associated with the modification of existing contracts, the need to hold insurance coverage for the customer, the need to comply with customer-requested audit requirements, and customer requests deemed by Aestiva to increase its costs beyond those explicitly covered by existing contracts, even if such services are considered "normal" for the customer's industry or business size.

Ideas and Inventions
Aestiva is the owner of its business processes. In no way shall working with Aestiva give Aestiva's customer claim to ideas, inventions, processes, or other works developed with the customer.

Aestiva is not an Independent Contractor
As an independent Florida Corporation, at no time shall clauses suggesting Aestiva is an Independent Contractor be deemed correct. Any and all clauses related to such assumptions shall be deemed null and void.

Liability
Aestiva's maximum liability (for non-malicious conduct and mistakes) shall not exceed the value of software or services provided. Aestiva will provide indemnification but only when provided in writing at an additional cost.

Venue
In the event of a dispute, the venue for arbitration or any legal action shall be Lakewood Ranch, Florida.

Professional Conduct
Customer shall behave in a professional manner.