TERMS & CONDITIONS


IMPORTANT: Your use of CMS website, CMS or download of this Software update will be deemed as your acceptance of the constraints mentioned in this Terms & condition. Otherwise, please do not use any CMS versions or download this Software updates. 

General Terms

1.1 Software under this Agreement refers to the software components provided to you including but not limited to the calculations, codes as well as other embedded software, documents, interfaces, content, and any data stored on it that is protected by copyright & intellectual property rights held by CMS. 

1.3 The Software under this Agreement shall be bound by it, whether it is stored in a read-only memory or any other media or form or it is from an online download location authorized by CMS, unless otherwise agreed upon.

End User Software License

You are granted a limited and non-exclusive license to access and use CMS (as defined in Section 1.1) on only one computer, subject to and in accordance with the terms and conditions of this Agreement. The Software cannot be sold, transferred, or used for any other commercial purposes.

Limitations of Use

3.1 You may not use CMS intellectual property to develop software or design, develop, manufacture, sell, or license third-party devices/accessories without CMS ‘s prior consent.

3.2 You may make a copy of CMS Software on a computer hard disk drive or other storage media for the purpose of archiving, but you cannot activate it without legal activation key sent to you by CMS. Nonetheless, you may copy & store unlimited numbers of projects using CMS. You may not distribute CMS Software through networks so that it is available to multiple devices or computers at the same time without obtaining activation key from CMS website for each copy.

3.3 You may share all CMS recorded course video using CMS channel. But you cannot use CMS recorded course video for a commercial public usage except after CMS permission.

3.4 You may not sell, rent, lease, lend, sub-license or distribute the entirety or part of the Software to any third party without prior written permission from CMS. 

3.5 Except as otherwise expressly permitted; you shall not, nor allow any other person to copy, reverse engineering, decompile, disassemble or create derivatives of CMS Software. In addition, you shall not, nor allow others to, or attempt to export the source code or the formulas of the Software, or decode or modify CMS Software or any part of the Software or the services that it provides.

3.6 You agree not to use the Software and related update content to engage in the following activities: (1) copy or use any part of the Software beyond the scope of this Agreement; (2) use the Software in a deceptive way or for deceptive purposes; (3) remove any copyright declarations or prompts contained in CMS Software; (4) attempt to destroy, bypass, change, or invalidate the Software; (5) perform other improper or illegal acts.

3.7 You agree that you shall only use the Software in compliance with all applicable laws and regulations of the country or region in which you reside or use the Software, including but not limited to the local laws of the country or region where you live or download or use the Software and services.

Reservation of Rights

CMS own and retain all rights and titles to the website & CMS Software and reserve any other rights not expressly granted to you here.

Updates

7.1 To provide you with a better user experience, CMS may announce you with free or payable software update services. The Software’s update service is designed to improve the performance, safety, and reliability of products, and to meet the functional customization needs. The Software’s updates can be installed in different ways; software updates include error repairs, system software updates, and updates to any previously installed software (including all-new versions) and performance enhancements.

7.2 Any update provided by CMS for replacement or supplemental software is governed by this Agreement, unless such update is accompanied by a separate End User License Agreement, which will prevail. If you decide not to download and use an update provided by CMS, you understand that you may place the Software under serious security risk or cause the Software to be unusable. Some of the functions of the Software may be limited based on the version. Updating to the latest version may improve your user experience.

Services of the Software

8.1 The Software enables you to access CMS. CMS or its founder makes no guarantees with regard to the availability, accuracy, integrity, reliability, or timelines of the information displayed by any Product. In addition, you acknowledge and agree that some of the features of the Software may not be available or slow on some devices depending on the device hard/software and data access.

8.2 To ensure and enhance your user experience, CMS Software provides you with a large number of outputs. CMS & its founder reserve the right to change the contents of the products at any time. However, due to current technical limitations and other reasons, you acknowledge and agree that the accuracy of these products may not meet your full expectations and may be misjudged. However, you acknowledge and agree that any ownership interest in such content will not be transferred as a result. 

8.3 You may use CMS software and its recorded videos for third parties training purposes after authorization permission -as a CMS trainer- from CMS website only.

Third-party Software Statement

9.1 Your CMS copy may include certain third-party services or software. Such services or software may display, include, or provide contents, data, information, materials from, or links to certain third-party websites (hereinafter collectively referred to as “third-party software”). CMS or its founder does not own any third-party software or its related intellectual property rights or sharing with them. Therefore, you acknowledge and agree that CMS does not assume responsibility for providing support for any third-party software, and does not guarantee that third-party software’s contents or services will maintain their availabilities at any time. CMS is not liable for any content, advertisement, products, services, and other materials provided by third parties.

9.2 You acknowledge and agree that the name, trademark, product, or service of any third party helps on your CMS software copy is provided for your convenience only, and does not constitute an explicit or implicit endorsement, warranty, or recommendation of the third party or its software. You further acknowledge and agree that the use of any third-party software, including any information or data you provide (whether intentionally or unintentionally) is subject to the applicable terms of use, license agreement, privacy policy, and other agreements. Therefore, your use of third-party software is at your own risk.

9.3 Unless agreed by the third party, you acknowledge and agree not to modify, rent, lease, sub-lease, distribute, or create derivative works based on any third-party software, and may not use it in any unauthorized manner. You further agree not to use any third-party software to harass, abuse, threaten, denigrate, or otherwise use it in a manner infringing the rights of any third party, and warrant that CMS does not assume any liability for your actions, or any harassing, threatening, defamatory, offensive, infringing, or illegal information or transmission that results from your use of third-party software.

Termination and Ongoing Effectiveness

10.1 This Agreement is effective from the first date you install the Software. You may terminate this Agreement at any time by permanently deleting or destroying at your own cost, the Software, all backup copies, and all related materials provided and calculated projects by CMS. CMS or its founder may terminate this Agreement at any time without notice if you fail to comply with any terms or conditions of this Agreement. Once it is terminated, you MUST stop using this Software and delete the Software and associated materials already copied and/or installed on your computer immediately.

10.2 Sections 6, 11, 12, 13, 14, 16, and 17 shall remain effective after the termination of this Agreement.

Disclaimer of Warranties

11.1 You acknowledge that the software is provided “as is” without warranty of any kind, express or implied, and to the maximum extent permitted by applicable law. Neither CMS nor the copyright holders make any representations or warranties, express or implied, including but not limited to the warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights. There is no warranty by CMS or by any other party that the functions contained in the software will exactly meet your requirements or that the operation of the software will be uninterrupted or error-free. You assume all responsibility and risk for the selection of the software to achieve your intended results and for the installation, use, and results obtained from it.

11.2 Installing this software may affect the availability of third-party software or services. There is no warranty by CMS that the features or services contained in this software will meet your requirements, that this software and its services will be free from errors/bugs, or that this software will provide continuous permanent services.

11.3 Our Service allows you to Download Software & access courses. Like any other website on the internet, we might have a website down for maintenance or due to hosting company issues. This will rarely happen, and we will do our best to reduce the downtime, but you have no right to claim damages due to such events.

Limitation of Liability

12.1 Neither CMS nor the copyright holders will not take any responsibility for software use problems caused by abuse, misuse, or unauthorized modification.

12.2 Under no circumstances shall CMS, its employees, or founder be liable for any lost profits, revenue, sales, data or costs of procurement of substitute goods or services, property damage, personal injury, interruption of business, loss of business information or for any special, direct, indirect, incidental, economic, punitive, special or consequential damages, however, caused and whether arising under contract, tort, negligence, or other theory of liability arising out of the use of or inability to use the software, even if CMS or its founder are advised of the possibility of such damages. 

12.3 In no event shall CMS’s total liability to you for all damages exceed the amount you paid for your CMS software copy.

Refund policy

13.1 You are eligible to be refunded within 15 days after date of the purchasing process.

Technical Support

If you discover that CMS Software is defective within two months after purchasing the software, CMS may provide technical support for CMS Software described in this Agreement. No oral or written information or opinion was given by CMS or its authorized representatives constitutes any warranty. 

Export Controls

You may not use or otherwise export or re-export CMS Software except as authorized by applicable laws and the laws of the jurisdictions in which the CMS Software was obtained.

Contacting CMS

If you have any questions, comments, or suggestions, please contact us via the online Contact us page.

Last updated: June 2020

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