License for Ministry Scheduler Pro software and all associated files, including installer archives and all related documentation ("Ministry Scheduler Pro Software")
IMPORTANT -- READ CAREFULLY:
By using the Ministry Scheduler Pro Software you expressly agree to be and are hereby bound by the terms of this License Agreement ("Agreement"). If you do not accept the terms of this Agreement you may not use the Ministry Scheduler Pro Software; and you must immediately destroy all copies of the Ministry Scheduler Pro Software.
- GRANT OF LICENSE:
Rotunda Software ("Rotunda") hereby grants you ("you" refers to a single individual or church) a limited non-exclusive non-transferable license to use the Ministry Scheduler Pro Software subject to the terms and conditions set forth in this Agreement:
- THE TRIAL EDITION
a) You may request a trial activation code to evaluate the Ministry Scheduler Pro Software through a Trial Edition ("Trial Edition") for free from our web site. The Trial Edition will allow you a limited time period for use of the Trial Edition as specified on our web site. You may not attempt to use the Trial Edition without this trial activation code or attempt to circumvent the time limit included in the Trial Edition.
b) You may use the Trial Edition strictly for evaluation purposes only. Unlike the License Edition described below, you may NOT distribute schedules or rosters or any other output created with this Edition to any parties whatsoever for non-evaluation purposes (including to your ministry volunteers).
c) You may not distribute, modify or deploy any portion of the Trial Edition without the express, written permission of Rotunda Software.
d) BY YOUR USE OF THE TRIAL EDITION, YOU UNDERSTAND AND AGREE THAT AFTER THE LIMITED TIME PERIOD SPECIFIED ON OUR WEB SITE, YOU WILL NOT BE ABLE TO CONTINUE TO ACCESS AND/OR USE THE TRIAL EDITION OR ANY DATA YOU HAVE ENTERED INTO SUCH EDITION UNLESS YOU PURCHASE A REGULAR LICENSE FOR THE MINISTRY SCHEDULER PRO SOFTWARE AS SPECIFIED BELOW.
- THE LICENSED EDITION
a) You may upgrade from the Trial Edition to a licensed edition of Ministry Scheduler Pro ("Licensed Edition") by purchasing a license for the Ministry Scheduler Pro Software ("License Purchase").
b) Upon payment of the fee for your License Purchase, your Trial Edition will be automatically upgraded to the full Licensed Edition of Ministry Scheduler Pro, removing any trial period limitations and causing the Ministry Scheduler Pro software to become the fully functional Licensed Edition. Alternatively, you may choose to purchase a separate Licensed Edition, at which time you will be sent a new Activation Code.
c) Ministry Scheduler Pro Software is licensed with a maintenance contract ("Maintenance Contract"). Your Maintenance Contract will expire exactly six calendar months after the date on which your License Purchase is made. When your Maintenance Contract expires, Ministry Scheduler Pro will cease to function unless and until you purchase a renewal for your Maintenance Contract ("Maintenance Contract Renewal"). Upon purchase of your Maintenance Contract Renewal, the program will continue to function at full capacity until your Maintenance Contract's new expiration date, which will be the original expiration date of the contract plus exactly one calendar year.
d) When making your initial license purchase, you may choose from several differently priced license configurations. These configurations have associated limits ("Limits") that restrict the available features, the number of volunteers the program may be used to schedule, and the number of computers on which it may be installed.
e) You may raise the Limits of your license at any time by purchasing a license expansion ("License Expansion") or upgrading your license to a more robust version (“License Upgrade”).
Upon purchase of your License Expansion or License Upgrade, your Ministry Scheduler Pro license will automatically function with the new larger Limits from the date that the License Expansion or License Upgrade is purchased until the date your license expires.
f) You may not attempt to circumvent the Limits of your license at any time or to circumvent the expiration date of your Maintenance Contract in order to continue using the Ministry Scheduler Pro Software after your Maintenance Contract has expired.
g) Rotunda Software may change the price or conditions of License Purchases, Maintenance Contract Renewals, License Expansions, or License Upgrades in its absolute discretion for any reason without notice.
h) Rotunda Software may suspend or terminate, without notice, sale of License Purchases, Maintenance Contract Renewals, License Expansions, or License Upgrades at any time for any reason. Rotunda Software assumes no obligation to continue to provide for sale License Purchases, Maintenance Contract Renewals, License Expansions, or License Upgrades even if the act of terminating sale or availability of these items renders previously licensed copies of Ministry Scheduler Pro software ineffective or unusable. Rotunda Software expressly disclaims all liability for lost time or investment or any other damages whatsoever that may occur as a result of the suspension or termination of sale of License Purchases, Maintenance Contract Renewals, License Expansions, or License Upgrades.
i) You may not resell, rent, lease or otherwise transfer rights to the Ministry Scheduler Pro Software for any financial gain or any other reason or remove any proprietary notices or labels on the Ministry Scheduler Pro Software.
You agree not to: (1) make additional copies of the Ministry Scheduler Pro Software except as specifically permitted under your particular license agreement; (2) enable others to use your Activation Code; (3) give copies to another person; (4) install the Ministry Scheduler Pro Software on computers used by individuals who have not purchased the appropriate license for the Ministry Scheduler Pro Software from Rotunda Software; (5) duplicate the Ministry Scheduler Pro Software by any other means including electronic transmission; or (6) copy the printed materials or user documentation accompanying the Ministry Scheduler Pro Software. The Ministry Scheduler Pro Software in its entirety is protected by copyright laws. The Ministry Scheduler Pro Software also contains the trade secrets of Rotunda Software, and you may not decompile, reverse engineer, disassemble, or otherwise reduce the Ministry Scheduler Pro Software to human-perceivable form or disclose such trade secrets, or disable any functionality which limits the use of the Ministry Scheduler Pro Software. You may not attempt to modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, distribute, or network the Ministry Scheduler Pro Software or related materials, or create derivative works based upon the Ministry Scheduler Pro Software or any part thereof.
- MINISTRY SCHEDULER PRO NETSERVICES (and its successor or replacement services)
a) Certain features in Ministry Scheduler Pro rely on our internet servers in order to function (e.g. the Web Terminal, Service Planner, Emailer, and Data Sharing features). "Ministry Scheduler Pro NetServices" is defined as any such features in Ministry Scheduler Pro that rely on our internet servers in order to function, the methods they use to communicate with our internet servers, the associated software on our internet servers, and those servers themselves.
b) ROTUNDA SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO USE OF MINISTRY SCHEDULER PRO NETSERVICES FOR ANY DAMAGE CAUSED IRRESPECTIVE OF THE NATURE OF SUCH DAMAGE.
c) Any content uploaded using Ministry Scheduler Pro NetServices may be deleted by Rotunda Software in any of the following circumstances: (1) in the reasonable opinion of Rotunda, the uploaded content is potentially damaging; (2) the uploaded content creates an unreasonable burden on our web servers; (3) if you have not had an active license for a period of one year or more; (4) if you breach any terms in this Agreement; (5) the uploaded content is offensive, harassing, pornographic, or damaging; or (6) the uploaded content infringes the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
d) ROTUNDA SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO MINISTRY SCHEDULER PRO NETSERVICES. THIS DISCLAIMER INCLUDES BUT IS NOT LIMITED TO PERSONAL OR OTHER DATA BEING DELETED, STOLEN, OR LOST FOR ANY REASON, OR TECHNICAL FAILURE. ACCESS TO MINISTRY SCHEDULER PRO NETSERVICES MAY BE SUSPENDED OR TERMINATED AT ANY TIME FOR ANY REASON.
e) You may not use Ministry Scheduler Pro NetServices, for any illegal or unauthorized purpose. If you post material to Ministry Scheduler Pro NetServices, post links on Ministry Scheduler Pro NetServices, or otherwise make (or allow any third party to make) material available by means of Ministry Scheduler Pro NetServices (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or video file. You must not, in the use of Ministry Scheduler Pro NetServices, violate any laws in your jurisdiction (including but not limited to copyright laws).
- THIRD PARTY SITES
Third-party providers may act as data processors for the Ministry Scheduler Pro Software and Rotunda Software, and your use of the Ministry Scheduler Pro Software is bound by the Terms set forth on these third-party providers’ own sites. The third-party sites that Ministry Scheduler Pro and Rotunda Software currently engage with are Amazon Web Services (AWS), Salesforce, Twilio, Campaign Monitor, Authorize.net, Loggly, Zendesk, and Google Analytics. By accepting this License Agreement, you acknowledge and agree to the terms and policies set out by the third-party sites listed above.
You further acknowledge and agree that the Ministry Scheduler Pro Software and Rotunda Software shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.
- COPYRIGHT AND CONTENT OWNERSHIP
We claim no intellectual property rights over the material you provide to Ministry Scheduler Pro NetServices. Your materials uploaded remain yours. However, you agree to allow others to view and share your Content.
Rotunda Software does not pre-screen content, but Rotunda Software and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Ministry Scheduler Pro NetServices.
Material transmitted or uploaded using Ministry Scheduler Pro NetServices or the Service Planner may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Rotunda Software or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you enter, upload, access or receive through the NetServices.
Title, ownership, rights, and intellectual property rights in and to the Ministry Scheduler Pro Software and all related documentation shall remain with Rotunda Software. Ministry Scheduler Pro Software is protected by the copyright laws of the United States and international copyright treaties. For the purposes of this license "intellectual property rights" means any and all patents, copyright, registered or unregistered design rights, trademarks, trade names, know-how, database rights or other intellectual property rights.
- DISCLAIMER OF WARRANTIES
MINISTRY SCHEDULER PRO SOFTWARE, RELATED MATERIALS, CONTENT AND/OR RELATED SERVICES ACCESSIBLE THROUGH THE MINISTRY SCHEDULER PRO SOFTWARE, ARE PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROTUNDA SOFTWARE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE MINISTRY SCHEDULER PRO SOFTWARE, DISK(S), RELATED MATERIALS, CONTENT AND ANY SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, SECURITY, QUALITY, MERCHANTABILITY, OR THEIR NONINFRINGEMENT. ROTUNDA SOFTWARE DOES NOT WARRANT THAT MINISTRY SCHEDULER PRO SOFTWARE OR ANY RELATED SERVICES OR CONTENT IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, NOR DOES ROTUNDA SOFTWARE WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT THROUGH THE MINISTRY SCHEDULER PRO SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOU MUST: (A) PROVIDE YOUR OWN ACCESS TO THE WORLD WIDE WEB AND PAY ANY SERVICE FEES ASSOCIATED WITH SUCH ACCESS, AND (B) PROVIDE ALL EQUIPMENT NECESSARY FOR YOU TO MAKE SUCH CONNECTION TO THE WORLD WIDE WEB, INCLUDING A COMPUTER AND A MODEM. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THE LICENSE FOR THE MINISTRY SCHEDULER PRO SOFTWARE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.
- LIMITATION OF LIABILITY AND DAMAGES
THE ENTIRE LIABILITY OF ROTUNDA SOFTWARE FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO ROTUNDA SOFTWARE FOR THE LICENSE FEE FOR THE CURRENT YEAR'S USAGE OF THE MINISTRY SCHEDULER PRO SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROTUNDA SOFTWARE AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ROTUNDA SOFTWARE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF THE DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROTUNDA SOFTWARE AND YOU. ROTUNDA SOFTWARE WOULD NOT HAVE BEEN ABLE TO PROVIDE THE MINISTRY SCHEDULER PRO SOFTWARE TO YOU WITHOUT SUCH LIMITATIONS.
You agree that you will indemnify and hold harmless Rotunda from any claim, expense (including, without limitation, reasonable attorneys’ fees), liability, and litigation incurred as a result of your breach of any term of this Agreement.
This license shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required from Rotunda Software to effectuate such termination. On termination you must destroy all copies of the Ministry Scheduler Pro Software including the installer archive and any copies of it therewith. However, such termination does not prejudice the right of Rotunda Software to obtain injunctive, equitable or any other relief, at law or in equity, in the event of such a breach.
- GOVERNING LAW
This License shall be governed by California law (without reference to choice of law principles), except as to copyright, patent and trademark matters, which are covered by the laws of the United States of America. You agree to submit to the jurisdiction of the federal and state courts of San Francisco County, California and waive any objection to venue in such courts. This Agreement is deemed entered into in San Francisco, California, and shall be construed as to its fair meaning and not strictly for or against either party.
- GENERAL PROVISIONS
This Agreement does not limit any rights that Rotunda Software may have under trade secret, copyright, patent, trademark or other laws. The Representatives of Rotunda Software are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Rotunda Software, other than in writing signed by an officer of Rotunda Software. Accordingly, such additional statements are not binding on Rotunda Software and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. No delay or failure on the part of Rotunda Software in the exercise of any right granted under this Agreement, or available at law or in equity, shall be construed as a waiver of such right.
- ENTIRE AGREEMENT
This Agreement sets forth Rotunda Software's and it’s Representatives' entire liability and your exclusive remedy with respect to the Ministry Scheduler Pro Software. This License constitutes the entire agreement between Rotunda Software and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein, other than any specific terms and conditions you may have agreed to in connection with downloading the Ministry Scheduler Pro Software from our website. Rotunda Software shall have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue or impose conditions on any feature or aspect of the Ministry Scheduler Pro Software (including but not limited to internet-based services, pricing, technical support options, and other product-related policies) without notice. Online services may expire in accordance with Rotunda Software's product retirement/sunset policy as it may be in effect from time to time.
Updated August 8, 2018
Rotunda Software (referred to herein as "us", "we", or "our"), creators and maintainers of Ministry Scheduler Pro and Volunteer Scheduler Pro, (referred to herein as “MSP / VSP”) value your privacy and are committed to protecting your personal information.
INFORMATION WE COLLECT
When you interact with us through the Site or the Services, we may collect Personal Data and other information from you, as further described below:
We collect information including, but not limited to, your name and email address (referred to herein as "Personal Data") when you register for access to our Services, place an order, or fill out a form. An admin (“Admin”) is defined as anyone with administrative privileges. A volunteer ("Volunteer") is defined as those persons who are listed as a volunteer within the MSP / VSP database. We store Admin and Volunteer information on our secure servers.
Transfer of Data
ADDITIONAL NON-IDENTIFIABLE DATA
When using the Site or Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively, cannot presently be used to specifically identify you. Rotunda may store such information itself or such information may be included in databases owned and maintained by Rotunda affiliates or service providers. This Site may use such information, for example, to track the total number of visitors to our Site and how our users use and interact with MSP / VSP.
In an ongoing effort to better understand and serve the users of the Services, Rotunda conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis. Rotunda may share this non-identifiable and aggregate data with its affiliates, but this type of non-identifiable and aggregate information does not identify you personally. Rotunda may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to be notified when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features.
HOW WE USE YOUR INFORMATION
We may use the information that we gather from Admins and Volunteers for the following purposes:
- To provide our Services to you, to communicate with you about your use of our Services, and for other customer service purposes;
- To provide information that you have requested to receive from us in response to your opt-in requests;
- To provide our Services at the request of users;
- To improve our Sites and Services by providing personalized experiences, location customization, personalized help, and instructions;
- For marketing and advertising purposes; for example, we may use your information to assist us in advertising our Services on third party websites;
- To send you email, follow-up questions about MSP / VSP, news and newsletters, promotions, and/or invitations to visit the Site;
- To better understand how users access and use our Sites and Services, both on an aggregated and individualized basis, and for other research purposes.
When you use our Services, we may receive information (“Log Data”) such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, or use your account to authenticate to a third-party website or application. We may also receive Log Data when you click on, view or interact with links on our Services, including links to third-party applications, such as when you choose to visit a website outside of the Site domain. Rotunda uses Log Data to provide, understand, and improve our Services, and to customize the content we show you.
WHEN WE SHARE YOUR DATA
Rotunda is not in the business of selling your information. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, nor any personally identifiable information about your Volunteers. There are, however, certain circumstances in which we may be required to share your Personal Data and that of your Members with certain third parties without further notice to you, as set forth below:
Partners, Agents and Related Third Parties: Rotunda, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, providing tech support, and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
Legal Requirements: Rotunda may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of MSP / VSP, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
With your consent we may post your testimonial on the Service along with your name. If you want your testimonial removed please contact us.
CHILDREN UNDER 13
Rotunda does not knowingly collect Personal Data directly from persons under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Site. We encourage parents and legal guardians to open an account on behalf of children and assume responsibility for submitting and managing their personal information. If you have reason to believe that a child under the age of 13 has directly provided Personal Data to Rotunda through this Site, please contact us, and we will endeavor to disable that account and delete that information from our databases.
LINKS TO OTHER WEBSITES
Rotunda goes to great lengths to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free. Rotunda occasionally performs security audits to ensure security measures are up to or above industry standards.
OTHER TERMS AND CONDITIONS
Your access to and use of this Site is subject to MSP / VSP Terms of Service, which can be found on the License Agreement within the downloaded application of MSP / VSP.