10. Terms and Conditions¶
10.1. Editions¶
cliqo is available in two editions, Free and Subscription.
10.1.1. Free Edition¶
- Connection to 1 QuickBooks online company
- Basic support by email
10.1.2. Subscription Edition¶
- Connection to multiple QuickBooks companies
- Priority support by email, chat, or phone when desired
- Enhanced features will be included in the future, such as output to Excel
10.2. License¶
The license included with the download is reprinted below:
cliqo End User LICENSE AGREEMENT
This is an agreement (“Agreement”) between you as an individual consumer or
business entity (“you”) and BH ENTERPRISES OF FL, INC. This Agreement sets out
your rights and the conditions upon which you may use our software (“Software”
or “cliqo”). You should read the document in its entirety because all the terms
are important and together create this Agreement that applies to you.
By clicking an acceptance button, indicating assent electronically, loading the
Software, or otherwise using the Software, you agree to the terms and conditions
of this Agreement. If you do not agree to the terms of the Agreement, do not
install, access, or use the Software. If you have accepted multiple versions of
the Agreement, the most current version that you accepted is the Agreement
between you and us and supersedes and replaces all prior versions.
1. LICENSE TERMS
License Grant For Personal Use.
We are pleased to grant you, an individual consumer, a personal,
non-transferable, nonexclusive term-limited license to install and use any
Software for which you have purchased a subscription for personal use on the
number of QuickBooks Online Companies as applicable, subject to the System
Requirements. The Software is licensed on a subscription basis
(“Subscription”). The term of any Subscription shall be twelve (12) months
commencing on the Effective Date (“Subscription Term”). Unless terminated
earlier in accordance with Section 3, each Subscription Term will automatically
renew upon expiration of the initial Subscription Term for additional successive
twelve (12) month terms unless either party gives the other prior written notice
of cancellation at least fifteen (15) days prior to expiration of the
then-current term. Unless otherwise specified, the rates for any Subscription
Term renewals shall be cliqo’s then-current Subscription rates.
License Grant for Business Use.
This license permits use of the Software only by personnel employed by the
licensed small business entity. Subject to the terms and conditions of this
Agreement and subject to registration of the Software, we hereby grant to you a
non-exclusive, non-transferable right to use the Software on the number of
QuickBooks Online companies for which you have purchased subscription licenses
provided that such use is only for the subscription term purchased by you,
solely by personnel employed by you, and solely for internal business
operations. (For the purpose of this Agreement, use of the Software means to
access, install, download, copy, or otherwise benefit from using the
Software). You acknowledge that the Software and all related information are
proprietary to us and our suppliers. You will be entitled to Updates which are
made generally available by us for so long as you maintain your
subscription. This license is revocable by us as provided in this Agreement.
2. SCOPE OF LICENSE
Restrictions.
You do not have any right to reproduce or distribute the Software without our
permission, and if you do so you may be subject to fines or any other penalties
allowed by the civil and criminal laws of the relevant jurisdiction. You may
not:
(a) reverse-engineer or otherwise try to derive source code from the Software,
unless allowed by law;
(b) adapt or modify the Software or create derivative works based on the
Software;
(c) publish, copy, sell, lend, rent, sublicense, assign or in any other way
transfer the Software to anyone else;
(d) exploit the Software for any commercial purposes;
e) attempt to circumvent technical protection measures in the Software;
f) use the Software to violate the law; or
g) engage in any activity that interferes with anyone else’s use of the
Software.
Ownership.
We retain ownership of our respective Software and all rights related to the
Software and including all intellectual property rights. The only rights we
grant you are those rights expressly stated in this Agreement.
Free Software.
The Software may include free versions of the Software, including
(a) any features included in a paid subscription for which we no longer charge
or which we offer to you at no charge, and
(b) any feature that we give you on a trial, courtesy or evaluation basis or
otherwise described as experimental, untested, that we provide without charge to
you as a courtesy, which may be experimental, untested, or not fully functional.
Paid Subscriptions.
Your right to use the software is effective for the length of time of the
subscription term set forth in the documents that accompanied your purchase
("Subscription Term") and, where applicable, each subsequent renewal term unless
terminated. If the documents that accompanied your purchase do not specify the
length of time for which you can use the products, your Subscription Term is one
year from the date that the Software was purchased. Your renewal of the
Subscription Term constitutes your acceptance of and agreement to the
then-current version of the cliqo License Agreement.
3. TERMINATION
Termination.
We may terminate this Agreement if you fail to comply with the terms of this
Agreement. You may terminate your right to use the software prior to its expiry
by permanently erasing the Software from your devices and providing fifteen (15)
days prior written notice. If this Agreement expires or is terminated:
(a) you will no longer be authorized to use or access the Software, including
any online storage or backup services,
(b) you must permanently erase the Software from your devices, and
(c) we may cancel or close your account.
Upon termination or expiration, we will follow our standard policies to delete
any of your online stored or backed-up information, text, files, links, images
or other materials provided to us ("Content"). It is your responsibility to
store or backup your Content elsewhere before this Agreement expires or is
terminated.
Effect of Termination.
In the event of expiration or termination of this Agreement, all obligations by
either party shall cease, except in case of termination for breach in which case
the non-breaching party shall be entitled to enforce all rights under this
Agreement. Further, in case of expiration or termination, the License granted
herein shall be deemed revoked by Licensor. Upon termination of this Agreement
for any reason, Licensee's right to use cliqo will terminate, and Licensee shall
immediately cease all use of cliqo and other Licensor's materials to which such
license applies, and Licensee shall delete or destroy all copies of cliqo
available to Licensee in any form. Licensor reserves the right to require the
Licensee to show satisfactory proof that all copies of cliqo have been
uninstalled and, if so, requested by the Licensor, destroyed, or returned to
Licensor at its option.
4. PAYMENT
YOU AGREE THAT WE MAY CHARGE THE CREDIT OR DEBIT CARD ACCOUNT OR OTHER PAYMENT
DEVICE YOU PROVIDED FOR ALL AMOUNTS YOU OWE RELATED TO YOUR PURCHASE, INCLUDING
ANY SUBSCRIPTION RENEWALS. YOU AGREE TO NOTIFY US PROMPTLY OF ANY CHANGE IN YOUR
CARD ACCOUNT NUMBER OR EXPIRATION DATE OR OTHER PAYMENT INFORMATION. FOR CREDIT
AND DEBIT CARDS, YOU AGREE THAT WE MAY UPDATE SUCH INFORMATION WITH UPDATES
RECEIVED DIRECTLY OR INDIRECTLY FROM YOUR CARD ISSUER AND THE RELEVANT CARD
NETWORK AND WE MAY USE THE UPDATED CARD INFORMATION TO CHARGE AMOUNTS YOU OWE
US. WE ALSO RESERVE THE RIGHT TO RETRY FAILED PAYMENTS TO COMPLETE TRANSACTIONS,
INCLUDING BUT NOT LIMITED TO, RETRYING FAILED CARDS WITH EXTENDED EXPIRATION
DATES. THIS WILL SERVE AS YOUR CONSENT FOR YOUR CARD OR PAYMENT DEVICE TO BE
CHARGED OR DEBITED.
Automatic Renewal.
You agree that your paid subscription will be automatically renewed. You
authorize us to charge your card or payment device on file within 30-days of
your subscription expiration date, at the renewal term subscription price in
effect at the time of the renewal. The subscription price for your auto-renewal
is subject to change. Your subscription renewal is ongoing and will continue
until you cancel. Please note your automatic renewal may fail to process if you
used a payment device other than a credit or debit card to purchase your
subscription. If, at the time of renewal, your Software has been renamed,
upgraded, or replaced by a new offering with reasonably comparable features, we
may, at our discretion, automatically renew your subscription with the new
offering for no more than the undiscounted subscription price of the new
offering.
Cancellation.
Cancelling your subscription or terminating this Agreement will not result in a
retroactive refund or pro-ration of fees paid based on cancellation
date. Cancelling your subscription or terminating this Agreement will stop
future recurring fees, and you will have access to the subscribed Software until
the end of the then-current Subscription Term.
Free Software.
If the Software that you download or otherwise receive are Free Software, then
this section of the Agreement will also apply. To the extent that any provision
in this section is in conflict with any other term or condition in this
Agreement, this section will supersede such other term(s) and condition(s) with
respect to such Free Software, but only to the extent necessary to resolve the
conflict. All Free Software is provided "as is", without any warranty (express
or implied), indemnity, or maintenance or support obligations (express or
implied), subject to any statutory rights that cannot be excluded or limited by
law. You acknowledge that Free Software may contain bugs, errors and other
problems that could cause system or other failures and data loss. You
acknowledge that we have not promised or guaranteed to you that Free Software
will be announced or made available to anyone in the future, that we have no
express or implied obligation to you to announce or introduce Free Software, and
that we are not obligated to introduce a product similar to or compatible with
Free Software or any updates to any Free Software. Accordingly, you acknowledge
that any use of the Free Software is entirely at your own risk.
5. DISPUTE RESOLUTION
The rights and liabilities of the parties arising out of or relating to this
agreement will be governed by the laws of the state of Florida and any disputes
between the parties will be submitted to binding arbitration in Jacksonville,
FL, under the Commercial Arbitration Rules of the American Arbitration
Association, and judgment on the award may be entered in any court of competent
jurisdiction; provided, however, that either party may seek preliminary
injunctive or other equitable relief in court pending arbitration to prevent
irreparable harm. The prevailing party in any arbitration or litigation shall be
entitled to recover all reasonable expenses thereof, including attorneys' fees
in connection with such proceedings or any appeal thereof.
6. INDEMNIFICATION
By Licensee.
Licensee shall defend, indemnify, and hold Licensor harmless from and against
any liabilities, losses, claims, damages, costs, expenses, and settlement
amounts (including, but not limited to, reasonable attorneys' fees) arising out
of or in connection with
(a) any breach by Licensee of Licensee's obligations under this Agreement; or
(b) any claim arising from Licensee's use of cliqo after the date hereof.
By Licensor.
Licensor shall defend, indemnify and hold harmless Licensee and its affiliates,
directors, officers, employees and agents against any and all liability, claims,
causes of action, suits, damages and expenses (including reasonable attorneys'
fees) arising out of or in connection with
(a) any breach by Licensor of Licensor's obligations under this Agreement; and
(b) use of cliqo by Licensee during the Term; provided and only to the extent
that (i) the claim was not caused by Licensee's gross negligence or willful
misconduct; (ii) Licensee gives Licensor timely written notice of any such claim
so as not to prejudice its settlement or defense; and (iii) Licensee gives
Licensor the opportunity to assume sole control over and all necessary
assistance with its settlement and defense.
In any event, Licensor's total liability under this Agreement shall not exceed
the amount specified in Section 7 herein.
7. LIABILITY
IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE FOR ANY LOSSES OR DAMAGES,
WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL (INCLUDING, BUT
NOT LIMITED TO, ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS), ARISING OUT OF
THE USE OR INABILITY TO USE CLIQO, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN
NO EVENT WILL LICENSOR'S LIABILITY FOR DAMAGES TO LICENSEE OR ANY OTHER PERSON
EVER EXCEED THE AMOUNT OF USD 100 (ONE HUNDRED UNITED STATES DOLLARS),
REGARDLESS OF THE FORM OF THE CLAIM.
8. ENTIRE AGREEMENT
This Agreement contains the entire agreement of Licensor and Licensee and
supersedes all prior or contemporaneous communications, representations,
understandings, and agreements, either oral or written, relating to the subject
matter of this Agreement.
9. SEVERABILITY
Should any one or more provisions of this Agreement be determined to be illegal,
invalid, or unenforceable, all other provisions of this Agreement shall
nevertheless be effective.
10. CONFIDENTIALITY, PRESS RELEASES, AND PUBLIC STATEMENTS
Except as required by law, Licensee shall keep the terms of this Agreement
confidential and shall not disclose such terms to any third party other than
such Licensee's attorneys and accountants who need to know such terms in the
performance of their duties to Licensee. Each party will obtain the other
party's prior written consent before making any press release, official public
statement, or other announcement concerning this Agreement via any web logs,
news groups, mailing lists, and similar communications media.
Licensee shall not disclose confidential information of Licensor or use
confidential information of Licensor in any manner other than as required to use
cliqo or in any manner that would be contrary to the Licensor's interests
without the written consent of Licensor. Licensee undertakes to ensure that the
confidentiality obligations of Licensee under this Agreement are also observed
by Licensee's officers, directors, managers, employees, representatives, or
other persons to whom the Licensee has granted access to confidential
information or the administration of cliqo.
11. MISCELLANEOUS
BH Enterprises of FL, Inc. gathers and retains personal information about you
including but not limited to your name, contact information, physical address,
phone number, email address, IP address, date the license term was accepted, and
the license version number. We may keep any information that you provide to us
indefinitely.
12. NOTICES
Notices, approvals, and consents under this Agreement shall be in writing and
shall be delivered by email to support@bhent.com.
license_1.txt
10.3. Support¶
Support is available via live chat, email, and by phone* Please visit our Support Center to initiate a support request.
* Available to Subscription Edition users
10.4. Supported Platforms¶
cliqo has been tested on the following 64-bit platforms:
- Windows 10
- Windows 7 64-bit
- Centos 8
- Debian 10
- Fedora 32
- fedora 33
- Ubuntu 18.04
- Ubuntu 20.04
- Ubuntu 20.10