This license is between Dynamic Corporate Solutions, Inc., a Florida corporation having its main offices at 1845 Town Center Blvd., Suite 525, Fleming Island, FL 32003 (“DCSI”) and the Licensee, as named in this purchase order (“Licensee”).
IN CONSIDERATION of the mutual covenants and conditions hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. We hereby grant to the Licensee a license (the “License”) to reproduce, reprint, publish and otherwise use the provided copyrighted materials (the “Copyrighted Materials”) solely for Licensee’s benefit and expressly not for the benefit of any third party.
2. The term of the License shall commence on the date of this License and shall continue for a period of twelve (12) consecutive months (the “Term”). This License shall renew on a month-to-month basis thereafter, provided Licensee makes the payment to DCSI of the monthly “The HR Toolkit® Fee” subscription. Licensee agrees and understands that DCSI will bill for the monthly renewal of license and services received until Licensee provides DCSI thirty days written notice of cancellation.
3. The Licensee shall pay to DCSI, a licensing fee (The HR Toolkit Monthly Subscription Fee) for use of the Copyrighted Materials in the amount of $99 per month plus any applicable sales tax.
4. The Licensee covenants and agrees to use the Copyrighted Materials for the sole purpose of human resources management and development for Licensee and not for any third party. The Licensee also agrees to use the Copyrighted Materials for no other purpose unless Licensee obtains DCSI’s prior written consent. The Licensee shall have no right, title or interest in the Copyrighted Materials except as expressly set forth in this License and acquires no rights or interest in any trademarks or other of DCSI’s intellectual property rights including any and all updates, revisions, supplements, etc., that DCSI later identifies as Copyrighted Materials. The Copyrighted Materials shall also include all things that DCSI requires to be removed from the Copyrighted Materials. Licensee agrees to keep the Copyrighted Materials up to date as DCSI informs Licensee from time to time; and Licensee agrees that any alterations made by the Licensee to the Copyrighted Materials shall confer no additional rights to the Licensee in and to the Copyrighted Materials.
5. DCSI warrants and represents that the Copyrighted Materials are consistent with the laws of the federal, state and local governments as are a matter of public record available to DCSI. Licensee agrees that any alterations made to the Copyrighted Materials shall be reviewed by Licensee’s legal advisor. Licensee shall not hold DCSI responsible for any such alterations to the Copyright Materials made by Licensee.
6. This License sets forth the entire agreement between DCSI and the Licensee relating to the subject matter hereof and stands in the place of any previous agreement, whether oral or in writing.
7. Licensee and DCSI agree that no amendment to this License shall be binding upon Licensee or DCSI unless it is in writing and signed by both the Licensee and DCSI. This License is not transferrable by the Licensee to any third party without DCSI’s express written consent, which consent would require the execution of a new License and payment of additional Licensing Fees.
8. After one (1) year, the subscription fee is subject to change from time-to-time as DCSI requires. DCSI will give the Licensee with thirty (30) days advance notice of any change in the subscription fee.
9. This License may be transferred to a successor entity only upon written notice to DCSI that the Licensee has merged with or been acquired by another organization.
10. If Licensee cancels prior to the twelve-month agreed upon term, Licensee will be responsible for paying an early termination fee in the amount of $495.
11. After the initial twelve-month agreement period, all cancellations must be placed in writing with 30 days advanced notice.
12. DCSI affirmatively states that its consultants are not lawyers or accountants. The information provided by DCSI is expressly for informational use and should not be construed as legal or accounting advise. If Licensee has legal questions or accounting/tax questions about human resources or employment law, accounting or taxation, Licensee acknowledges and agrees to seek legal advice from any attorney and accounting/tax advice from a Certified Public Accountant.