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.

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 California 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 Torrance, California.

Professional Conduct
Customer shall behave in a professional manner.