Last Updated: January 12, 2017
This is a subscription agreement (“agreement”) between EventForte, Inc. (hereinafter “EventForte”) and you for the DreamForte Subscription. For purposes of this agreement, the term “software” applies to the software provided to you under the DreamForte Subscription.
a. You means any subscriber to the DreamForte Subscription including but not limited to departments of higher educational institutions offering courses in event planning, hotel management, hospitality, or any other course deemed appropriate by EventForte (“institutions”), faculty, administrative staff, and students.
b. Additional Definitions: i. "students" means persons currently enrolled in your courses or programs where such enrollment may lead to academic credit or certification. ii. "staff" means persons providing IT support directly associated with managing your EventForte Subscription; and iii. "faculty" means persons employed to teach event planning related courses to your students, assist with such courses, labs or programs for your students, or conduct non-commercial hospitality related research on your behalf. iv. “institution” means higher educational institutions with departments that offer courses in event planning, hotel management, hospitality, or any other course deemed appropriate by EventForte.
a. DreamForte Subscription. Subject to the terms of this agreement, the DreamForte Subscription provides subscription access to software and other benefits. Namely, the subscription allows access to the Plus Subscription (name subject to change) of EventForte’s event management application. EventForte may change or terminate the DreamForte Subscription or any associated benefits at any time without prior notice to you.
b. Availability of the DreamForte Subscription. The DreamForte Subscription is available to most entities that meet the definitions in Section 1 for institutions and the students of said entities. EventForte reserves the right to determine in its sole discretion whether an organization meets (or continues to meet) the eligibility criteria to receive the DreamForte Subscription.
c. Termination. EventForte, Inc. may terminate the entire DreamForte program or your specific DreamForte Subscription at any time without prior notice to you for any reason or no reason
a. Access to the Software Available Under the DreamForte Subscription. Only those individuals specifically authorized under this agreement may access and use the software.
b. Installation and Use Rights. Your use of the software is subject to the license terms provided with the software, such as click-through license terms, except for any changes to those terms that are provided in this agreement. The DreamForte Subscription and software may not be shared, transferred, resold, assigned or used to develop or maintain your own administrative or IT systems. Regarding DreamForte Subscription software, you may: i. let your staff, faculty, and students use the software only (a) to teach, develop, support, conduct, or take courses, or programs you offer; (b) in non-commercial research on your behalf; or (c) to design, develop, test, and demonstrate software programs for the above purposes; and ii. let your staff, faculty, and students make one additional copy of the software on their own computer or other device solely for use as a backup copy, provided that their use is pursuant to these terms.
c. No commercial use. Except as provided below, you may not use the DreamForte Subscription software for commercial purposes or commercial software application development, publication or distribution unless you first purchase the appropriate commercial license(s) for the software.
a. End of Student Status. The DreamForte Subscription is a special offering for students. Once you no longer qualify for the DreamForte Subscription (due to graduation or otherwise no longer meeting the definition of "you" above), your DreamForte Subscription will terminate.
b. Termination. EventForte, Inc. may terminate the entire DreamForte program or your specific DreamForte Direct Subscription at any time without prior notice to you for any reason or no reason.
c. Access to the Software Available Under the DreamForte Subscription. Only those individuals specifically authorized under this agreement may access and use the software.
d. Installation and Use Rights. Your use of the software is subject to the license terms provided with the software, such as click-through license terms, except for any changes to those terms that are provided in this agreement. The DreamForte Subscription and software may not be shared, transferred, resold, or assigned.
e. No commercial use. Except as provided below, you may not use the DreamForte Subscription software for commercial purposes or commercial software application development, publication or distribution unless you first purchase the appropriate commercial license(s) for the software.
If you are under eighteen (18) years of age, your parent or legal guardian must provide verifiable consent before you may use the provided account or access any software through the DreamForte Subscription. If your parent or legal guardian does not provide their consent to the DreamForte student support team, you may not accept the terms of this agreement and the DreamForte Subscription will not be made available to you until such consent is given.
a. Changes in status. You will stop providing DreamForte Subscription benefits or any software keys to anyone who ceases being one of your staff, faculty, or students as such terms are defined above. However, students who have received software under the DreamForte Subscription may continue to use such software as long as they are still students of Institution provided that they do so in accordance with these terms.
b. Not for Resale Software. You may not resell, transfer or assign the software.
c. Administrator. You must assign an administrator to act as the primary contact person for EventForte regarding the following: i. administering and managing the DreamForte Subscription software; and ii. enforcing the guidelines set by these DreamForte Subscription terms.
d. Parental or legal guardian consent. Access to the software included in the DreamForte Subscription can only be given to students under eighteen (18) years of age if their parent or guardian has first consented to the minor having such access. You agree that: i. responsibility of verifying age and giving account access to the DreamForte Subscription software lies solely with you or with the subscription administrator, not with EventForte; and ii. such consent will be collected in a verifiable method and stored in a retrievable way before creating an account for the student or providing software access to the student.
The software may require a username and password. You are responsible for the use of any usernames and passwords assigned to you. You must provide the domain name for all email addresses to be associated with the DreamForte Subscription. For example, if your Institution’s email address structure is firstname.lastname@example.org, you need to let EventForte know that the domain name is “@school.edu”. You must also inform EventForte how many individuals are to be whitelisted for the subscription. You may only disclose usernames to your staff, faculty, and students if needed to support the DreamForte Subscription. Individual usernames and passwords distributed to staff, faculty and students are solely for using software on student and faculty personal machines and may not be shared, transferred, assigned. You will use best efforts to make those persons aware of the restrictions on use of the keys.
a. Cancellation and non-renewal. You may cancel your subscription to the DreamForte Subscription at any time.
b. Termination. EventForte may terminate this agreement if, in EventForte’s sole determination, you fail to comply or if you are an institution, any of your staff, faculty or students fail to comply with these terms. In addition, if you no longer qualify for the DreamForte Subscription (by meeting the definition of "you" above), then your membership will automatically terminate.
c. Effect. If your DreamForte Subscription program membership or eligibility ends for any reason: i. these terms and your rights to access the DreamForte Subscription software will terminate; ii. you may no longer claim any usernames or passwords, or distribute the software or any other benefits of the DreamForte Subscription to your staff, faculty, and students (if you are an Institution); and iii. you must destroy all other copies of the software in your possession.
The DreamForte Subscription is provided “as is.” Any support provided under this agreement will be subject to the EventForte standard support terms found at: http://support.eventforte.com/
This agreement, and the terms for software, supplements, updates, Internet-based services and support services that you use, are the entire agreement for the DreamForte Subscription and all benefits provided thereunder.
The DreamForte Subscription will be governed by California law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.
EventForte's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the terms of service will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. EventForte may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest.
This agreement describes certain legal rights. You may have other rights under the laws of your country. 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.
We may revise this agreement from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to subscribe and use the DreamForte Subscription and the related software(s) after the revisions come into effect, you agree to be bound by the revised agreement.
To the extent not prohibited by applicable law, in no event will EventForte or its licensors, nor their respective directors, officers, employees, consultants, licensors, licensees or affiliates, be liable for any indirect, incidental, special, consequential, punitive or exemplary loss or damage, or any loss of data, use profits, savings, business or revenue, arising out of or in connection with the download, distribution, use or performance or non-performance of the software made available through the DreamForte Subscription, even if EventForte has been advised of the possibility of such loss or damages. If you are dissatisfied with any portion of the software provided under the DreamForte Subscription, to the maximum extent permitted by applicable law, your sole and exclusive remedy is to discontinue using the software. The foregoing limitations of liability shall apply notwithstanding any failure of any remedy provided for hereunder in its essential purpose. To the maximum extent permitted by applicable law, in no event will EventForte’s or its licensors’ total liability to licensee exceed the fees paid by licensee for the software under this Agreement.
The DreamForte Subscription is provided “as-is.” You bear the risk of using/participating in it. EventForte 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, EventForte, excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.