Movie Magic Budgeting Supplemental Terms

Last updated June 9, 2020.

 

MOVIE MAGIC BUDGETING SUPPLEMENTAL TERMS

These Supplemental Terms govern your use of the Movie Magic Budgeting and are incorporated into the General Terms of Use (“General Terms”) located here (these Supplemental Terms and the General Terms are collectively referred to as “Terms”).  Capitalized terms not defined here have the same meaning as defined in the General Terms.

Neither the General Terms nor these Supplemental Terms govern any versions of Movie Magic Budgeting end user software provided pursuant to a device-based software license (e.g., Movie Magic Budgeting 7), which are governed by the end-user license agreement and related documentation accompanying the software.

 

1. USE OF SOFTWARE

1.1 Subscription-Based Software License. We provide the Movie Magic Budgeting software (“Software”) to you as part of your subscription to the Services.  We grant you a non-exclusive license to install and use the Software: (i) as long as your subscription is valid; (ii) as long as it does not exceed the total number of licenses purchased; and (iii) consistent with the Terms and related documentation.

1.2 Activation and Validation. The Software may require you to take certain steps to activate the Software or validate your subscription.  In addition to Section 1.9 of the General Terms, failure to do so may result in reduced functionality, inoperability of the Software, or a termination or suspension of the subscription.

1.3 Updates. The Software may automatically download and install updates from EP from time to time.  These updates may take the form of bug fixes, new features, or new versions.

1.4 Free Trials. If we offer you to use a free trial of the Services, we will make such free trial available to you on a limited basis, free of charge, until the earlier of (a) the end of the free trial period for which you agreed to use such free trial, (b) the start date of any subscription purchased by you; or (c) termination of the free trial by us in our sole discretion, including attempts to apply multiple free trial services by the same end user. Any free trial period may be extended upon mutual agreement by the parties. Notwithstanding anything to the contrary in these Terms, a free trial service is provided on an “as is” basis. WE MAKE NO REPRESENTATION OR WARRANTY AND SHALL HAVE NO INDEMNIFICATION OBLIGATIONS WITH RESPECT TO A FREE TRIAL SERVICE. WE SHALL HAVE NO LIABILITY OF ANY TYPE WITH RESPECT TO A FREE TRIAL SERVICE, UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A FREE TRIAL SERVICE IS US$100. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 5 (LIMITATION OF LIABILITY AND DAMAGES) OF THE GENERAL TERMS, YOU SHALL NOT USE THE FREE TRIAL SERVICE IN A MANNER THAT VIOLATES APPLICABLE LAWS AND WILL BE FULLY LIABLE FOR ANY DAMAGES CAUSED BY ITS USE OF A FREE TRIAL SERVICE. ANY DATA AND CONFIGURATIONS ENTERED INTO YOUR FREE TRIAL SERVICE ACCOUNT MAY BE PERMANENTLY LOST UPON TERMINATION OF THE FREE TRIAL SERVICE.

 

2. WARRANTIES

2.1 Mutual Warranties. Each party represents and warrants that (i) it has the full power to enter into the Terms; and (ii) the performance of its obligations and use of the Services will not violate any applicable laws, regulations or cause a breach of any agreements with any third parties.

2.2 EP Warranties. EP warrants that (i) the Services will perform materially in accordance with the applicable Documentation, (ii) EP will not materially decrease the functionality of the Services during the term; and (iii) based on regular monitoring in accordance with applicable industry standards, the Services do not contain any Malicious Code.  Your sole and exclusive remedy and EP’s entire liability for a breach of this warranty shall be for EP to use commercially reasonable efforts to modify the Services or to substantially achieve in all respects the functionality described in the Documentation; and if EP is unable to restore such functionality, you shall be entitled to terminate the applicable Order Form and receive a prorated refund of the Fees paid to EP any unused Services identified in the Order Form.

 

3. MOVIE MAGIC BUDGETING SERVICES SUBSCRIPTION AND CANCELLATION TERMS

3.1 Terms Applicable to All Movie Magic Budgeting Subscription Types. Your subscription begins as soon as your initial payment is processed.  If your primary payment method fails, you authorize us to charge any other payment method in your account.  In addition to Section 1.9 of the General Terms, if you have not provided us a backup payment method(s) and you fail to provide payment, or if all payment methods in your account fail, we may suspend your subscription.  You can cancel your subscription anytime via your myEP Account page or by contacting Customer Support.  Payment obligations are non-cancelable and fees paid are non-refundable.

3.2 Month-to-Month Movie Magic Budgeting Subscription Term. Your subscription will automatically renew each month without notice until you cancel.  You authorize EP to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel.  We will automatically charge you the then-current rate for your plan, plus applicable taxes, every month upon renewal until you cancel.  We may charge your plan’s rate each monthly renewal term, and we will notify you of any rate change with the option to cancel.

3.3 Annual Movie Magic Budgeting Contract. You will be charged, in one lump sum, the annual rate stated at the time of purchase, plus applicable taxes.  Your subscription will automatically renew on your annual renewal date until you cancel.  You authorize us to store your payment method(s) and to automatically charge your payment method(s) every year until you cancel.  We will automatically charge you the then-current rate for your plan, plus applicable taxes, every year upon renewal until you cancel.  We may change your plan’s rate each annual renewal term, and we will notify you of any rate change with the option to cancel.

3.4 Academic Subscriptions. We may verify your academic status at any time to confirm eligibility for academic pricing.  In addition to Section 1.9 of the General Terms, if it is determined you are not eligible, we may suspend your account or move you to the then current, non-academic subscription pricing.  Your access to any academic offering is provided at EP’s sole discretion.

 

4. PORTABILITY AND DELETION OF YOUR DATA

Upon your request during the term of this Agreement or made within [30] days after the effective date of termination or expiration of the applicable subscription, EP will make the Customer Data available to Customer for export or download.  After such 30-day period, EP will have no obligation to maintain or provide Your Data, and may thereafter delete or destroy all copies of Your Data in its systems or otherwise in its possession or control, unless legally prohibited.

 

5. INDEMNITY

5.1 Indemnification by EP. EP shall defend you and your affiliates, and its and their respective officers, directors, employees and contractors, from and against any and all third party claims, actions and demands alleging that the use of the Services as permitted hereunder infringes or misappropriates a third party’s intellectual property right (a “Claim Against You”), and shall indemnify you for any damages, attorney fees and costs finally awarded against you as a result of, and for amounts paid by you under a court-approved settlement of, a Claim Against You; provided, however, that EP’s obligations under this Section 5.1 shall not apply to the extent a Claim Against You arises from (a) Your Data; (b) your gross negligence, willful misconduct, or material breach of the Terms; (c) any modification, combination or development of the Services that is not performed by EP, including in the use of any application programming interface (API); or (d) the use of any version of the Software other than the most current release made available by EP.

5.2 Indemnification by You. You shall defend EP and its affiliates, and its and their respective officers, directors, employees and contractors, from and against any and all third party claims, actions and demands alleging your or your Users’ use of the Services, in breach of the Terms, infringes or misappropriates the intellectual property rights of a third party or violates applicable law (a “Claim Against EP”), and shall indemnify EP for any damages, attorney fees and costs finally awarded against EP as a result of, or for any amounts paid by EP under a court-approved settlement of, a Claim Against EP.

5.3 Indemnification Procedure. The indemnifying party will provide the indemnified party with prompt written notice of any claim, suit or demand, the right to assume the exclusive defense and control of any matter that is subject to indemnification, and cooperation with any reasonable requests assisting the indemnifying party’s defense and settlement of such matter.

5.4 This Section 5 states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of claim described in this section.