eDash Signup - iDashes, Inc

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eDash is a free product that allows you to experience all the benefits of having your own informational dashboard. Your account comes with one dashboard where you can display up to eight of your own measures Just fill out the form below, press the "Submit" button and you will be sent an email with your access code and instructions on how to setup your new eDash account.
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License Agreement		EXECDASH SERVICE AGREEMENT IMPORTANT: PLEASE READ THIS SECTION. BY CLICKING THE "ACCEPT" BUTTON OF THIS SERVICE AGREEMENT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU ARE ENTERING THIS ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND YOUR ORGANIZATION TO THE TERMS GOVERNING USE OF EXECDASH'S ON-LINE SERVICE. RECIPIENT REFERS TO ORGANIZATION OR, IF NO ORGANIZATION, INDIVIDUAL LISTED ABOVE. This Agreement made as of the current date by and between iDashes, Inc., a New York corporation with its principal place of business at 1169 Pittsford-Victor Road, Suite 100, Pittsford, New York 14534 ("iDashes") and Recipient identified above ("Recipient"). Recipient wishes to receive from iDashes, and iDashes wishes to provide Recipient with, Internet access to software currently referred to as ExecDash™ (the "ExecDash™ Software") and related documentation and information (collectively, "ExecDash™"). 1. LICENSE AND PRODUCT TESTING. (a) License Grant. (i) iDashes hereby grants to Recipient a royalty-free, non-transferable, non-exclusive and limited license to use ExecDash, pursuant to the following terms: (A) Recipient may remotely use the ExecDash Software for its own internal use. (B) Recipient shall not modify any components of ExecDash. (b) Restrictions. All rights not expressly set forth in Section 1(a) are reserved to iDashes. Recipient shall not rent, lease, sell, license, assign, distribute or otherwise transfer any rights in or to ExecDash, including any accompanying printed materials. Recipient shall not reverse engineer, decompile, unlock or disassemble ExecDash or any part thereof. The Recipient acknowledges and agrees that iDashes shall retain title and all ownership rights to ExecDash, including any accompanying materials printed from or created using ExecDash. Nothing in this Agreement shall be construed in any manner to transfer any rights of ownership or license to ExecDash or to the features or information therein, except as specifically stated herein. (c) Authorized Employees. Recipient's employees, consultants, or independent contractors may use ExecDash, documentation, or any related information (including ExecDash features or the results of testing and evaluation) for the Recipient's internal business purposes consistent with Section 1(a), and such employees, independent contractors or consultants use of ExecDash shall take place solely at Recipient's site or under Recipient's direct control. Recipient will have executed appropriate written agreements with its employees, independent contractors or consultants as required for Recipient to ensure compliance with the terms of this Agreement and Recipient shall be liable for any breach of the terms of this Agreement by such parties. 2. LICENSE FEE. As consideration for the license granted hereunder, Recipient agrees to pay to iDashes the license fees set forth above, which shall be paid within 30 days of current date. All fees referred to in this Agreement and in any of its Schedules are in United States dollars and do not include any duties, taxes or handling fees. Whenever imposed, all duties, taxes and handling fees are payable by Recipient. Any amount payable due under this Agreement and not paid within 30 days after its invoice date will accrue interest at the rate of 1.5% per month or at the maximum lesser rate allowed by law. Recipient will pay iDashes all such interest and costs of collection, including but not limited to, attorneys' fees and court costs. If payment is not made within the terms of this agreement iDashes may withhold access to the ProjectDash™ service until payment is received. 3. TERM OF AGREEMENT. The term of this Agreement shall commence on the date signed by Recipient and shall continue until terminated upon the earlier of (a) iDashes' written notice to Recipient of Recipient's failure to comply with any of the terms of this Agreement; or (b) end date as noted in the Agreement Summary. Renewal of this license immediately prior to termination, under terms of this Agreement, will be available annually thereafter upon payment by Recipient at a renewal cost available at that time. Upon the termination of this Agreement, if not renewed, Recipient shall promptly return to iDashes, or certify destruction of, all full or partial copies of ExecDash and related materials provided by iDashes or made by Recipient as permitted hereunder. 4. PRODUCT MAINTENANCE. Although iDashes intends to provide maintenance and updates to Recipient, iDashes is not obligated to provide maintenance or updates to Recipient for ExecDash, except to the extent required to ensure proper functioning of ExecDash. However, any maintenance or updates provided by iDashes shall be covered by this Agreement. 5. CONFIDENTIALITY. (a) ExecDash is proprietary and confidential information to iDashes and its suppliers. Recipient agrees not to disclose or provide ExecDash, documentation, or any related information (including ExecDash features or the results of testing and evaluation) to any third party, or use ExecDash for any purpose other than as provided in this Agreement or as authorized by iDashes. Recipient may disclose confidential information in accordance with judicial or other governmental order, however, provided Recipient shall give iDashes reasonable written notice prior to such disclosure and shall comply with any applicable protective order or equivalent. Further, Recipient shall not be obligated to maintain the confidentiality of information which Recipient can prove (1) is already known to Recipient without an obligation to maintain the same as confidential; or (2) becomes publicly known through no wrongful act of Recipient. (b) iDashes will have access to certain confidential information of Recipient, ("Recipient Confidential Information"). iDashes agrees not to disclose Recipient Confidential Information to any third party, or use Recipient Confidential Information for any purpose other than as provided in this Agreement or as authorized by Recipient. iDashes may disclose Recipient Confidential Information in accordance with judicial or other governmental order, however, provided iDashes shall give Recipient reasonable written notice prior to such disclosure and shall comply with any applicable protective order or equivalent. Further, iDashes shall not be obligated to maintain the confidentiality of information which iDashes can prove (1) is already known to iDashes without an obligation to maintain the same as confidential; or (2) becomes publicly known through no wrongful act of iDashes. 6. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IDASHES PROVIDES EXECDASH AND ANY (IF ANY) SUPPORT SERVICES RELATED TO EXECDASH ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO EXECDASH AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO EXECDASH. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF EXECDASH AND SUPPORT SERVICES, IF ANY, REMAINS WITH RECIPIENT. 7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IDASHES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE EXECDASH, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF IDASHES, AND EVEN IF IDASHES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT RECIPIENT MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF IDASHES UNDER ANY PROVISION OF THIS AGREEMENT AND RECIPIENT'S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY RECIPIENT FOR THE EXECDASH LICENSE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 9. GOVERNING LAW; ATTORNEYS' FEES. This Agreement shall be construed and controlled by the laws of the State of New York, and Recipient consents to exclusive jurisdiction and venue in the federal courts sitting in Monroe County, unless no federal subject matter jurisdiction exists, in which case Recipient consents to exclusive jurisdiction and venue in the Supreme Court of Monroe County, New York. Recipient waives all defenses of lack of personal jurisdiction and forum nonconveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either iDashes or Recipient employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees. 10. EXPORT RESTRICTIONS. Recipient acknowledges that ExecDash licensed hereunder is subject to the export control laws and regulations of the U.S., and any amendments thereof. Recipient agrees that it will not export or re-export ExecDash, any part thereof, or any process or service that is the direct product of ExecDash in violation of U.S. export control laws or regulations. 11. ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive agreement between iDashes and Recipient with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements with respect to such subject matter that are not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of iDashes and Recipient. Any modification to the face of this document shall be void. 12. NO ASSIGNMENT. Recipient may not assign its rights or obligations under this Agreement without the prior written consent of iDashes, not to be unreasonably withheld, and any attempted assignment not in compliance with this section shall be void. 13. Force Majeure. Neither party shall be deemed in default or otherwise liable for any delay in or failure of its performance under this Agreement (other than payment obligations) by reason of any act of God, fire, natural disaster, accident, riot, act of government, strike or labor dispute, shortage of materials or supplies, failure of transportation or communication or of suppliers of goods or services, or any other cause beyond the reasonable control of such party.
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