Create Quickbooks Invoices Directly From Sembrent

Many wholesale nurseries use Quickbooks as their accounting software. And that’s a smart choice. But did you know that it’s possible to create invoices directly in Quickbooks without ever leaving your nursery management software? Creating invoices in Quickbooks is a breeze with Sembrent Nursery Solutions. With a Pro Plus QB Link subscription, a single click […]

Last updated on Nov. 17, 2022

Sembrent® End User License Agreement

IMPORTANT: Please read this End User License Agreement carefully before clicking the “I Agree” button, purchasing a license, downloading or using Sembrent. By clicking the “I Agree” button, downloading or using the Sembrent, you and your organization or business (Licensee), are agreeing to be bound by the terms and conditions of this agreement.
 
This agreement (“EULA”) is a legal agreement between you (Licensee) as a licensed user and 3rd Rock Data, Inc. (3RD) and it governs your use of Sembrent (“Application”) made available to Licensee by 3RD.
 
If you, Licensee, do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.
 
The Application is licensed, not sold, to Licensee by 3RD for use strictly in accordance with the terms of this Agreement.

License

3RD grants Licensee a perpetual, world-wide, non-exclusive, non-assignable license to use all such work product for all uses contemplated under this Agreement.
 
You may install and host an unlimited number of copies of the Application on servers that are used exclusively by your organization.
 
3RD does not limit the number of users within your organization. You may allow an unlimited number users within your organization to use the hosted Application.
 
The number of users a Licensee may connect to the hosted Application is governed by a license of Claris FileMaker Server, which is sold separately. Licenses for FileMaker Server may be purchased through 3RD, a Claris Partner and authorized reseller of Claris products, or purchased directly from Claris International, Inc.
 
3RD grants Licensee full access to all the Application’s underlying programming code, database schema, scripts, custom functions, CSS themes, layouts, layout objects and all other areas of the Application needed for modifying the Application to suit the needs of the Licensee.
 
3RD assumes no responsibility or liability for any modifications made by any party other than 3RD.

Restrictions

Licensee agrees not to, and Licensee will not permit others to:
 
  • license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
  • remove, alter or obscure any Sembrent® brand graphics or proprietary notice (including any notice of copyright or trademark) of 3RD or its affiliates, partners, suppliers or the licensors of the Application.
 
Your obligations with respect to the above restrictions in this Agreement shall survive the termination or cancellation of this Agreement, for any reason whatsoever.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are, and shall remain, the sole and exclusive property of 3RD except where otherwise noted in this EULA.
 
All programming code, interface designs and algorithms created by 3RD shall remain the intellectual property of 3RD and are prohibited from being reused or distributed in any way outside of the Application. Reverse engineering of any part of the Application is prohibited for any purpose other than making modifications to or debugging the Application.

Term of License - Termination

This license is effective upon Licensee’s execution of this EULA and payment in full for the Application’s License, and shall remain in effect in perpetuity; provided, however, that none of the terms of this Agreement are violated by the Licensee. If any of the terms of this Agreement are violated by the Licensee, 3RD may terminate this EULA. In such event, Licensee must destroy all copies of the Application and immediately cease using it.

Limited Warranty

3RD warrants for a period of one hundred eighty days (180) days from your date of purchase that the Application as provided by 3RD will be free from material reproducible programming errors and defects in workmanship and materials, and will substantially conform to the features of the Application as shown on the Application’s website, www.sembrent.com, at the time of purchase. If material reproducible programming errors are discovered during the warranty period, and provided Licensee promptly notifies 3RD of such errors or defects with reasonable specificity, 3RD shall promptly remedy them at no additional expense to Licensee. This warranty to Licensee shall be null and void if Licensee is in default under this EULA or an applicable Work Order, or if the errors or defects arise from:(i) hardware failures, inadequate system infrastucture, system infrastructure defects or defects in Licensee’s operating system; (ii) modification of the Application by a party other than 3RD; (iii) modification of the operating systems or computer hardware upon which the Application is operated; or (iv) the misuse, errors, or negligence of Licensee or its employees or agents in operating the Application.

Limitation of Remedies

In no event shall 3RD be liable to Licensee for any indirect, incidental, special or consequential damages, lost profits, loss of data, or business interruption arising out of or related to this EULA or the performance or breach thereof, or the use of, or inability to use, the Application, even if such losses are foreseeable or if 3RD has been advised of the possibility thereof. In particular, 3RD shall not be liable for the loss of information arising from the use of, or inability to use, the Application. 3RD’s liability to Licensee, if any, whether arising under contract or based upon a claim of strict liability, negligence or some other tort or statutory claim, shall in no event exceed the total of the payment made to 3RD for the license. The warranties and remedies set forth above are exclusive and in lieu of all others, oral or written, express or implied. Licensee acknowledges and agrees that the limitations of warranties and remedies contained herein are a material basis for the license rights granted herein, and that 3RD would not offer such license rights without Licensee’s agreement to such limitations.
 
Furthermore, Licensee shall forever surrender all rights for holding 3RD liable if any edit is made to database structure, code, layout, layout object or any other part of the database that requires logging in with a user account that has Full Access privileges.

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