Legal & Tariffs
Full Service Network has certified to the Pennsylvania Public Utility Commission that this is an accurate electronic representation of the tariffs that are officially filed with and maintained by the Commission.
Users of electronic tariffs should note, however, that such tarrifs are not the official documents, and users assume responsibility for reliance upon tariffs in electronic format.
Users of electronic tariffs should note, however, that such tarrifs are not the official documents, and users assume responsibility for reliance upon tariffs in electronic format.
Telephone Tariffs:Pa P.U.C. No 1. Competitive Local Exchange Service (FSN LP) Pa P.U.C. No 2. Facilities Based Interexchange Tariff Pa P.U.C. No 4. Exchange Access Tariff F.C.C. No 1. Interstate Access Tariff F.C.C. Other Interstate Fees
Miscellaneous:Site Policy Internet Acceptable Use Policy Vendor Purchase Order Terms & Conditions Standard Software License Migration Problems Escalations List Wifi Terms of Service Inside Wire Maintenance Plan
Standard Software License
FULL SERVICE COMPUTING CORPORATION SOFTWARE LICENSE TERMS
RETAIL LICENSE TERMS.
These license terms are an agreement between Full Service Computing Corporation (“FSCC”) and you. Please read them. They apply to the software we license to you including any media on which you received it, if any. Printed-paper license terms, which may come with the software, may replace or modify an on-screen license terms. These terms also apply to any FSCC
- Internet-based services, and
- support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT FOR A REFUND OR CREDIT.
AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND FOR INTERNET-BASED SERVICES.
IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.
1. OVERVIEW. The software is licensed on a per copy per device basis. Your invoice, proposal, or sales agreement specifies the number of licenses you have purchased. If the sales documentation does not specify the number of licenses then you have been sold one license. A hardware partition or blade is considered to be a separate device.
2. INSTALLATION AND USE RIGHTS.
a. One Copy per Device. You may install one copy of the software on one device. That device is the “licensed device.”
b. Licensed Device. You may only use one copy of the software on the licensed device at a time.
c. Portable Device. You may install another copy of the software on a portable device for use by the single primary user of the licensed device.
d. Separation of Components. The components of the software are licensed as a single unit. You may not separate the components and install them on different devices.
e. Alternative Versions. The software may include more than one version, such as 32-bit and 64-bit. You may install and use only one version at a time.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Multiplexing. Hardware or software you use to
- pool connections,
- reroute information, or
- reduce the number of devices or users that directly access or use the software (sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses you need.
b. Font Components. While the software is running, you may use its fonts to display and print content. You may only
- embed fonts in content as permitted by the embedding restrictions in the fonts; and
- temporarily download them to a printer or other output device to print content.
c. Media Elements and Templates. You may have access to media images, clip art, animations, sounds, music, video clips, templates and other forms of content (“media elements”) provided with the software or as part of a service associated with the software. You may copy and use the media elements in projects and documents. You may not (i) sell, license or distribute copies of the media elements by themselves or as a product if the primary value of the product is the media elements; (ii) grant your customers rights to further license or distribute the media elements; (iii) license or distribute for commercial purposes media elements that include the representation of identifiable individuals, governments, logos, trademarks, or emblems or use these types of images in ways that could imply an endorsement or association with your product, entity or activity; or (iv) create obscene or scandalous works using the media elements.
d. Use with Virtualization Technologies. Instead of using the software directly on the licensed device, you may install and use the software within only one virtual (or otherwise emulated) hardware system on the licensed device.
e. Remote Access. The single primary user of the licensed device may access and use the software installed on the licensed device remotely from any other device. You may allow others to access the software to provide you with support services. You do not need additional licenses for this access. No other person may use the software under the same license at the same time for any other purpose.
f. Development Tools. The software may contain FSCC Tools for Applications or other development tools. You may use any development tools included in the software only to design, develop, test, use and demonstrate your business programs with the software.
g. Trial and Conversion. Some or all of the software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The trial software and length of the trial period are set forth during the activation process. You may have the option to convert your trial rights to subscription or perpetual rights. Conversion options will be presented to you at the expiration of your trial period. After the expiration of any trial period without conversion, most features of the trial software will stop running. At that time you can continue to open, view and print any documents you created with the trial software.
i. Subscription Software. If you licensed the software on a subscription basis, your rights to use the software are limited to the subscription period. You may have the option to extend your subscription or convert to a perpetual license. If you extend your subscription, you may continue using the software until the end of your extended subscription period. See the software activation screens or other accompanying materials for subscription details. After the expiration of your subscription, most features of the software will stop running. At that time you can continue to open, view and print any documents you created with the software.
4. MANDATORY ACTIVATION. Activation associates the use of the software with a specific device. During activation, the software will send information about the software and the device to FSCC. This information includes the version, the license version, language and product key of the software, the Internet protocol address of the device, and information derived from the hardware configuration of the device. For more information, see www.FSCC.com/piracy/activation.mspx. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. If properly licensed, you have the right to use the version of the software installed during the installation process up to the time permitted for activation. UNLESS THE SOFTWARE IS ACTIVATED, YOU HAVE NO RIGHT TO USE THE SOFTWARE AFTER THE TIME PERMITTED FOR ACTIVATION. This is to prevent its unlicensed use. YOU ARE NOT PERMITTED TO BYPASS OR CIRCUMVENT ACTIVATION. You can activate the software by Internet or telephone. If you do so, Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. THE SOFTWARE WILL REMIND YOU TO ACTIVATE IT UNTIL YOU DO.
a. The software will from time to time request download of the validation feature of the software. Validation verifies that the software has been activated and is properly licensed. A validation check confirming that you are properly licensed permits you to use the software, certain features of the software or to obtain additional benefits..
c. If, after a validation check, the software is found to be counterfeit, improperly licensed, or a non genuine Office product then the functionality or experience of using the software may be affected. For example, FSCC may
• provide notice that the software is improperly licensed or a non-genuine Office product; and you may
• receive reminders to obtain a properly licensed copy of the software; or
• need to follow FSCC’s instructions to be licensed to use the software and reactivate; and you may not be able to
• use or continue to use the software or some of the features of the software; or
• obtain certain updates or upgrades from FSCC.
e. You may only obtain updates or upgrades for the software from FSCC or authorized sources. For more information on obtaining updates from authorized sources, see www.FSCC.com/genuine/downloads/faq.aspx.
6. INTERNET-BASED SERVICES. FSCC provides Internet-based services with the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software features described below and in the Privacy Statement connects to FSCC or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. In some cases, you may switch off these features or not use them. For more information about these features, see our Privacy Statement BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. FSCC does not use the information to identify or contact you. Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. FSCC uses this information to make the Internet-based services available to you.
• Web Content Features. Features in the software can retrieve related content from FSCC and provide it to you. Examples of these features are clip art, templates, online training, online assistance and help. You may choose not to use these web content features.
• Digital Certificates. The software uses digital certificates. These digital certificates confirm the identity of Internet users sending X.509 standard encrypted information. They also can be used to digitally sign files and macros to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists using the Internet, when available.
b. Automatic Update. Software with Click-to-Run technology may periodically check with FSCC for updates and supplements to the software. If found, these updates and supplements might be automatically downloaded and installed on your licensed device.
c. Use of Information. FSCC may use the device information, error reports, and malware reports to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with FSCC software.
d. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
7. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the features included in the software edition you licensed. FSCC reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• use the software in any way that is against the law;
• rent, lease or lend the software; or
• use the software for commercial software hosting services.
8. BACKUP COPY.
a. Media. If you acquired the software on a disc or other media, you may make one backup copy of the media. You may use it only to reinstall the software on the licensed device.
b. Electronic Download. If you acquired and downloaded the software online, you may make one copy of the software on a disc or other media in order to install the software on the licensed device. You may also use it to reinstall the software on the licensed device.
c. Click–to-Run. If you acquired and downloaded software online with Click-to–Run technology, you will not be able to make a copy of the software on a disc or other media. Instead you may download the software online again only to reinstall the software on the licensed device.
9. DOCUMENTATION. Any person that has valid access to your licensed device or internal network may copy and use the documentation for your internal, reference purposes.
10. NOT FOR RESALE SOFTWARE. You may not sell software or access to the software.
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15. HOME USE PROGRAM SOFTWARE. You must be a “Home Use Program User” to use software marked as “Home Use Program”. To be a Home Use Program User, you must be both:
• an employee of an organization that has a FSCC Volume License agreement with Software Assurance, and
• the user of a licensed copy of the software, or a product that includes the software, with active Software Assurance.
16. GEOGRAPHIC RESTRICTIONS. If the software is marked as requiring activation in a specific geographic region, then you are only permitted to activate this software in the geographic region indicated on the software packaging. You may not be able to activate the software outside of that region.
17. UPGRADE OR CONVERSION. To upgrade or convert software, you must first be licensed for the software that is eligible for the upgrade or conversion. Upon upgrade or conversion, this agreement takes the place of the agreement for the software you upgraded or converted from. After you upgrade or convert, you may no longer use the software you upgraded or converted from.
18. PROOF OF LICENSE.
a. Genuine Proof of License. If you acquired the software on a disc or other media, your proof of license is the genuine FSCC certificate of authenticity label with the accompanying genuine product key and your proof of purchase. If you purchased and downloaded the software online, your proof of license is the genuine FSCC product key for the software which you received with your purchase and your proof of purchase from an authorized electronic supplier of genuine FSCC software. Proof of purchase may be subject to verification by your merchant’s records.
b. Upgrade or Conversion License. If you upgrade or convert the software, your proof of license is
• the genuine proof of license for the software you upgraded or converted from; and
• the genuine proof of license for the software you upgraded or converted to.
c. To identify genuine FSCC software, see www.howtotell.com.
19. REASSIGN TO ANOTHER DEVICE. You may reassign the license to a different device any number of times, but not more than one time every 90 days. If you reassign, that other device becomes the “licensed device.” If you retire the licensed device due to hardware failure, you may reassign the license sooner.
20. TRANSFER TO A THIRD PARTY. The current user of the software may not make a transfer of the software and this agreement except in the event of merger or consolidation where the receiving individual or entity is acquiring substantially all of the assets of the user. The first user must remove the software before transferring it separately from the licensed device. The first user may not retain any copies of the software. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software. If the software is an upgrade, any transfer must also include all prior versions of the software.
21. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
22. SUPPORT SERVICES. FSCC provides support services for the software as described at www.support.FSCC.com/common/international.aspx.
23. ENTIRE AGREEMENT. This agreement (including the warranty below), any addendum or amendment included with the software, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
24. APPLICABLE LAW.
Pennsylvania law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
25. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
26. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM FSCC AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if
• repair, replacement or a refund for the software does not fully compensate you for any losses; or
• FSCC knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the FSCC materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond FSCC’s reasonable control.
D. REMEDY FOR BREACH OF WARRANTY. FSCC WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF FSCC CANNOT REPAIR OR REPLACE IT, FSCC WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF FSCC CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO FSCC WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
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F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.
United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact FSCC at
• (412) 281-6000
G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM FSCC. FSCC GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, FSCC EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.