CC-Assist End User License Agreement
Last updated: November 15, 2023
This End User License Agreement (EULA) describes our general policies for licensing CC-Assist. To license CC-Assist, users must sign a license agreement contract which contains the specific parameters for the user’s CC-Assist license. CC-Assist users may Contact Us to obtain a copy of their individual license agreement.
Chamber Data Systems, Inc. (Licensor) licenses the Licensee the non-exclusive rights to install and use CC-Assist (the software) in accordance with the terms of their License Agreement (Agreement). Installation of the software at site(s) designated by Licensee constitutes Licensee’s acceptance of the terms of their Agreement.
Scope of Installation and Usage
Licensee’s rights to use of the software are for the initial period of licensed usage and subsequent licensed periods of use each month thereafter, provided Licensee pays the monthly Renewal License Fees, as defined in the “Usage Fees” section of their Agreement. Should Licensee fail to pay any monthly Renewal License Fee when due, Licensee’s rights to use the software shall cease.
During a period of licensed usage, Licensor grants Licensee the right to install, use, and access the software as defined below. The rights to upgrade the software license to be used at more sites, by more users, and/or with more web databases than defined below may be granted to Licensee upon written consent by Licensor and payment by Licensee of the then-current additional web database, site, and/or user fees.
Software Component Details
The Web Database component of the Monthly Renewal License Fee is based on the Licensee’s number of active members. For the purpose of calculating the licensee’s usage fee, active members are typically defined as members listed in the Licensee’s online directory and/or having access to an online account, whichever is greater. If the Licensee chooses not to activate their online directory or member accounts, the number of active members will be based on the members’ dues paying and/or membership status. The minimum threshold of licensed active members is 299. The threshold increases in units of 100 to include the Licensee’s active member count. Each such increase to the threshold increases the Monthly Renewal License Fee by the then-current fee.
License Fees are subject to change without notice.
Payment of the Initial Setup Fee entitles Licensee to the following products and services during the initial period of licensed usage as defined in the “Scope of Installation and Usage” section of their Agreement.
- Initial installation of the software as defined in the “Installation” section of their Agreement
- Usage of the software as defined in this Agreement
- Training as defined in the “Training” section of this Agreement
- Support for trained Licensee personnel as defined in the “Support” section of this Agreement
- Maintenance of the software as defined in the “Software Maintenance” section of this Agreement
- Initial setup of Web templates for database-driven webpages included as a standard part of the software.
Monthly Renewal License
Payment of each monthly Renewal License Fee, as defined in the “Usage Fees” section of Licensee’s Agreement, when due, entitles Licensee to the following services:
- One subsequent month of use of the software as defined in their Agreement
- One subsequent month of support for trained Licensee personnel as defined in the “Support” section of this Agreement
Taxes and Other Charges
Licensee shall be responsible for paying all the following:
- Sales, use, excise, value-added, or other tax or governmental charges imposed on the licensing or use of the software or documentation
- Insurance and installation charges
- Import or export duties or like charges
- Any fees, taxes, or other charges
Licensor will provide instruction via telephone for initial installation of the software on Licensee’s hardware. The Licensee is responsible for obtaining and ensuring that the hardware conforms to the current system requirements provided by the Licensor. Licensee agrees that any modifications to the installation of the software after the initial installation shall be performed under the guidance of the Licensor.
The Initial License Fee entitles Licensee to the initial series of basic training lessons, via tutorial videos and telephone review sessions with Licensor support team. All personnel who will be using the software should participate as a group in the training lessons. Subsequent training of new or additional Licensee personnel who train after the initial training sessions is available on a fee basis.
For the first year, Licensor will provide support on the Basic Modules to trained Licensee personnel during a period of licensed usage as defined in this Agreement. Support after the first year will be provided by Licensor in accordance with Licensor’s then-current support policy. Support is limited to consultation regarding the use and operation of the standard features of the software. (See “Additional Products”, and “Additional Services” section of this Agreement)
Licensor will provide maintenance of the software during a period of licensed usage as defined in this Agreement. Software maintenance includes new features that are added to the software and correction of errors in the software as defined by Licensor. All such error corrections, updates, or other modifications will be provided to the extent available in accordance with Licensor’s current release schedule and shall be the sole property of Licensor.
Payment of the Initial License Fee and each monthly Renewal License Fee do not entitle Licensee to use any third-party applications with which the software interfaces. All third-party applications must be licensed separately from their respective providers and may incur their own fees separate from the Initial License Fee and Monthly Renewal License Fee.
Payment of the Initial License Fee and each monthly Renewal License Fee do not entitle Licensee to …
- Repeat training on the basic training sessions,
- Custom programming including, but not limited to, report modifications, software procedures, modification to standard online Webpages, etc.,
- Consultation on computer equipment and/or software matters not directly related to the software,
- Consultation on reinstalling programs and data after initial installation,
- Website design and hosting services,
- Database conversion services,
- Redesign of of Web templates for database-driven webpages included as a standard part of the software,
- Any other product or service except those expressly covered in this Agreement.
However, Licensor may provide the services listed above on a fee basis.
Restrictions of Use
Licensee may use the software during a period of licensed usage as defined in this Agreement. Licensee’s use is restricted to Licensee’s data processing activities. Licensee may reproduce the software for backup purposes only. Licensee may not sell, license, transfer, or otherwise provide the software in part or in whole to any party other than Licensee without the written consent of Licensor.
The software may allow for the processing of credit card transactions via a third-party internet gateway processor. Credit card information is not stored, passed through, or processed by the software. Receipt of credit card transactions is controlled by third parties not under the control of Licensor.
The software is not intended to be used to store credit card information or personal information such as social security numbers. Storing credit card information such as card numbers, expiration dates, card verification codes, etc. or personal information such as social security numbers and the like within the software is strictly prohibited.
Licensee releases Licensor and all of its respective agents, directors, officers, employees and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature and kind which now or hereafter exist which relate to or are connected with improper use of the software and with respect to the storage of credit card or personal information within the software.
The software is an application program implemented with the Microsoft .NET programming language and the Microsoft SQL Server database management system. As such, it is a well-tested and reliable program, but in the event that a programming error is discovered, Licensor will correct any such error in the software as defined in the “Software Maintenance” section of this Agreement.
Licensee is solely responsible for the content and accuracy of all reports and documents prepared with the software. Using the software does not relieve Licensee of any professional obligation concerning the preparation and review of such reports and documents.
Licensor’s support service is designed to offer technical support for issues regarding the features and functionality of the software in the recommended operating environments only.
Licensor specifically disclaims all other warranties, expressed or implied, including but not limited to, fitness for a particular purpose. In no event will Licensor be liable for any loss or damage arising out of use of the software. No agent of Licensor is authorized to alter or exceed the warranty obligations of Licensor as set forth herein.
Protection of Software
Licensee agrees to respect and not to remove or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on any of the software or output generated by the software.
Licensee agrees not to modify, reverse engineer, disassemble, or decompile any portion of the software.
Licensee further acknowledges that all copies of the software are the sole property of Licensor. Licensee shall not have any right, title, or interest to any such software or copies except as provided in this Agreement, and further shall secure and protect all software and documentation consistent with maintenance of Licensor’s proprietary rights.
Licensee may terminate this Agreement by giving Licensor prior notice thereof. Such notice shall be made in writing and shall be given a minimum of 30 days prior to the date for which such termination is to be effective. In such event, Licensee will not be entitled to refund of any fees that have been paid prior to the termination of the Agreement. Termination of this Agreement does not relieve Licensee from the obligation to pay fees incurred for services rendered prior to the effective termination date. If Licensee decides to terminate this Agreement for any reason, Licensee shall provide Licensor, along with the aforementioned notice of termination, with a written report describing the reasons for such termination.
Licensor reserves the right in its sole discretion to terminate Licensee’s use of the software without prior notice or liability at any time, for any reason, including but not limited to, Licensee breaching or threatening or intending to breach these Terms, or if required to do so under any applicable law, rule, or regulation.
Following termination of this Agreement, Licensee is permitted to retain the existing Microsoft SQL Express copies of their database(s) which are present locally on Licensee’s hardware. Licensee is responsible for backing up the database files to a location outside of their then-current location immediately upon the effective date of termination of this Agreement. Following termination of this Agreement, Licensee is no longer entitled to use Licensor’s software and services, and Licensee is further responsible for content, security, backup, maintenance, and all aspects of database administration for the retained database(s). In no event will Licensor be liable for any loss or damage of the database files or content of the contained data following the termination of this Agreement.
This Agreement shall be construed, interpreted, and governed by the laws of the State of Texas.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
CC-Assist integrates with several third-party software applications and Web apps. These apps must be licensed separately by CC-Assist users from their respective providers. We have no control over and assume no responsibility for the terms of the end user license agreements of any third party sites or services.
Changes to our EULA
We may update Our EULA from time to time. We will notify You of any changes by posting the new Eula on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this EULA.
You are advised to review this EULA periodically for any changes. Changes to this EULA are effective when they are posted on this page.
If you have any questions about this EULA, You can contact us:
- By email: firstname.lastname@example.org
- By visiting this page on our website: https://www.chamberdata.com/contact/
- By phone number: 972-233-1299