FRESCHE LICENSES FRESCHE SOFTWARE TO CUSTOMER SOLELY UPON THE CONDITION THAT CUSTOMER ACCEPTS ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON, BY AGREEING TO AN ACCEPTANCE DOCUMENT (AS FURTHER SET OUT IN SECTION 1 BELOW), OR BY OTHERWISE DOWNLOADING, ACCESSING OR USING FRESCHE SOFTWARE, CUSTOMER CONSENTS TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND UNDERTAKING TO COMPLY THEREWITH.
1. Definitions
A) “Agreement” means this agreement for the licensing of the Items at the Purchase Price as accepted by both parties, including as evidenced by their signature of, or otherwise acceptance of, the PAF or any other document or online form signed or otherwise accepted by Fresche and Customer duly authorized representatives for the Items, all of which are incorporated by reference into this Agreement (collectively referred to as “Acceptance Document(s)”).
B) “Customer” means the purchaser and/or the licensee of the Items, excluding, without limitation, any related company, sub-licensee or any third-party to this Agreement.
C) “Feedback” means any comments, information, questions, data, ideas, description of processes, or other information identified as feedback that Customer may submit in writing to Fresche in connection with any of its Items, including in the course of receiving Maintenance and Support Services.
D) “Fresche”, or “Licensor” means the company within the Fresche group of companies that is the vendor and/or the licensor of the Items which may be any of the following companies or such other company as may join the Fresche group of companies from time to time: FRESCHE SOLUTIONS USA CORPORATION (a Delaware company), FRESCHE SOLUTIONS INC. (a federal Canadian company), FRESCHE SOLUTIONS LIMITED (a company registered in England and Wales (1795263)) LOOK SOFTWARE PTY LTD. (an Australian company), and TRINITY GUARD, LLC.
E) “Item” or “Items” means any or all, as the context requires, products and/or services listed in the Acceptance Documents, including if listed, installation, Maintenance and Support Services, training or Fresche documentation in relation to Fresche Software (including any operating instructions, user manuals, help files, Customer handbook and other technical materials).
F) “Maintenance and Support Services” means Fresche maintenance and support services provided to Customer on Fresche Software as described in this Agreement which may be included in the Acceptance Documents.
G) “Purchase Agreement Form” or “PAF” means the purchase agreement form signed by, or otherwise entered into between, Fresche and Customer duly authorized representatives and incorporated by reference into this Agreement, pursuant to which Customer purchases a license to Fresche Software, Maintenance and Support Services or installation or training services in relation to purchased Software.
H) “Purchase Price” means the total fee paid by Customer to Fresche for the Items, as set out in the Acceptance Documents. Unless otherwise specified in the Acceptance Documents, the Purchase Price is deemed to be denominated in USD (United States Dollars).
I) “Reseller” or “Resellers” means the distributor, reseller or independent software vendor authorized by Fresche to license or sublicense the Items to Customer.
J) “Software” or “Fresche Software” refers collectively to the computer programs and related documentation licensed by Fresche to Customer and may include updates, upgrades, fixes, patches, revisions and modifications thereto if Customer purchases Maintenance and Support Services as described in the Acceptance Documents.
K) “Software Commencement Date” means, with respect to the Software, the date indicated as the “Software Commencement Date” in the applicable Acceptance Document being the date at which the license to Fresche Software commences and, if no such date is indicated, the date that both parties execute the Acceptance Document.
2. Fees & Payment
A) Purchase Price. Customer agrees that the rights granted to Items under this Agreement are conditioned on Customer’s payment of the Purchase Price for such Items. In consideration for the rights granted to Customer and the performance of Fresche’s obligations under this Agreement, Customer will pay Fresche the Purchase Price.
B) Changes to the Purchase Price. Where the license to Fresche Software is specified in the Acceptance Documents to be for a limited time or subscription, Fresche may increase the fees for any such license for the applicable renewal period (unless no renewal period is specified in the Acceptance Documents, then in which case, once every 12 months) upon not less than 30 days’ prior notice to Customer.
C) Payment Terms. The Purchase Price will be deemed payable by Customer on delivery of each Item or in accordance with the specific payment terms of the Acceptance Documents, whichever is earlier. All payments due under this Agreement which are not received in accordance herewith will be considered overdue and subject to a late payment charge of twelve percent (12%) per annum, calculated and compounded monthly, from the due date to the payment date. Customer acknowledges and agrees that Affiliates of Fresche may invoice or collect any fees, including Purchase Price, payable thereunder on behalf of Fresche.
D) Non-Payment and Breach. Non-payment of any amount as and when due will be deemed to be a material breach by Customer of this Agreement and, at Fresche’s option, will immediately release Fresche from all of its obligations and covenants to Customer, including termination of the license granted hereunder without a refund for any partial payment. In the event of non-payment or any breach of this Agreement by Customer which is not cured within seven (7) days of notice from Fresche, Fresche may also uninstall Fresche Software from the Designated CPUs or require Customer to do so and confirm that it did.
3. License of Fresche Software
A) Grant. With effect from the applicable Software Commencement Date and for the period set out in the Acceptance Document (e.g., in cases where the Fresche Software is made available on a subscription basis that can be used for the duration of the permitted period) and subject to payment of all applicable fees, Fresche hereby grants to Customer a license to use Fresche Software. Unless specifically set forth otherwise in the Acceptance Documents, the license will be non-exclusive, revocable, non-sublicensable and non-transferable subject to termination as otherwise provided herein. The Purchase Price for Customer to use Fresche Software will constitute a non-refundable, one-time license fee. Where the license is specified in the Acceptance Documents to be for a limited time or subscription period, the license will terminate upon completion of such time, subscription or lease period.
B) Title. Customer acknowledges and agrees that Fresche Software is licensed, not sold, and that Fresche will retain at all times exclusive title, ownership and rights (including intellectual property rights) in and to Fresche Software and any related product, services and materials, including any aggregated and statistical data generated through Customer’s use of the Fresche Software, which Customer acknowledges Fresche may generate, provided such data does not identify Customer or contain any confidential information of Customer. In the event any third-party software supplier, named in attached patent, copyright or trademark notices, has developed portions of Fresche Software, Customer acknowledges its responsibility to comply with all related patent, copyright, trademark or license terms of such third-party software supplier.
C) Delivery. In the case where Software requires a license key in order to operate, a license key will be delivered on or after the Software Commencement Date. All deliveries under this Agreement will be electronic. Customer is responsible for installation of any Software, and Customer acknowledges that Fresche has no further delivery obligation with respect to the Software after the delivery of the license key.
D) Reseller Orders. This Agreement applies whether Customer purchases Items directly from Fresche or through a Reseller. If Customer purchases through a Reseller, the Reseller is responsible for any promises, commitments or the accuracy of any such information it makes, or makes available, to Customer. Customer acknowledges and agrees that, notwithstanding any agreements that Customer has executed with such Reseller, Fresche is not a party to such agreements. Resellers are not authorized to make any promise or commitments on Fresche’s behalf, and Fresche is not bound by any obligations to Customer other than the provisions of this Agreement.
4. Limitations on Use of Fresche Software
A) Use Limitation Definition.
I) “Designated CPU” means the central processing unit(s), computer(s), central processing unit(s) base, processor group on designated central processing unit(s) or other hardware listed or specified in the Acceptance Documents, if any.
II) “Simultaneous User” means, unless otherwise set out in the Acceptance Documents, one (1) user running one (1) interactive or batch session of the Software (or one (1) of each of the Software products in a licensed bundle listed in the Acceptance Documents, in any combination) on one (1) computer at one given. Regardless of the number of sites licensed to use the Software, a Simultaneous User license of the Software must be accessed only from within the site where it is installed.
B) Internal Use. Customer will only use Fresche Software, in object form, for its own internal purposes. Customer will not permit any third party to use or have access to Fresche Software without Fresche’s prior written consent. Unless explicitly authorized in writing by Fresche, resale and re-licensing of Fresche Software in any form whatsoever are strictly prohibited, and any such attempt will be void and of no effect.
C) Copies. Except for a reasonable number of backup copies for archival purposes or program error verification, Customer will not duplicate Fresche Software onto any media including, without limitation, paper, magnetic tape, paper tape, disk, electronic memory or by connection through modem, internet, cable connection or otherwise. Each and every such copy of Fresche Software will prominently contain the same copyright, trademark and other legal notices which appear on or in Fresche Software.
D) Illegal Use. Customer will not use Fresche Software in any way which violates, or might reasonably be judged by Fresche to violate, any applicable local or foreign law or regulation.
E) General Restrictions. Customer will not decompile, disassemble or reverse engineer Fresche Software or otherwise attempt to discover all or a portion of its source code nor make any attempt to do so. Customer will not make Fresche Software available on a service bureau or application service provider basis without the prior written consent of Fresche.
F) Additional Use Restrictions. Customer will comply with all use restrictions set out in the Acceptance Documents, including, as applicable: (i) using the Fresche Software only on the Designated CPU identified in the Acceptance Documents, except in the case of inoperation or malfunction, in which case Customer may use the Fresche Software on a backup or substitute computer or CPU; and (ii) limiting use of the Fresche Software to the number of Simultaneous Users set out in the Acceptance Document.
G) Change Of Designated CPU. If Customer replaces or upgrades the Designated CPU, Customer agrees to terminate this Agreement for all Software applicable to the Designated CPU being replaced or upgraded, effective on the date of the change. Software for use with the replaced or upgraded Designated CPU may be licensed on Fresche’s then current Acceptance Documents in accordance with Fresche’s then applicable policies. This Agreement will be deemed to be terminated when Fresche Software is no longer on the Designated CPU described in the Acceptance Documents.
H) Responsibility for Customer Personnel; Notification of Unauthorized Usage. Furthermore, Customer agrees to use all reasonable efforts to ensure that persons employed or engaged by Customer or under Customer’s direction and control, abide by the terms and conditions of this Agreement. Customer will not knowingly permit anyone to use any portion of Fresche Software for the purpose of deriving its source code. In the event Customer becomes aware that Fresche Software is being used in a manner not authorized by this Agreement, Customer will immediately take all reasonable steps to have such unauthorized use of Fresche Software immediately cease. Customer will notify Fresche in writing of the unauthorized use in the event that such unauthorized use continues for an unreasonable period after Customer becomes aware thereof.
5. Confidentiality and Copyright Infringement
A) Confidential Information. Fresche Software contains information and trade secrets proprietary to Fresche. Any Fresche Software, any commercial terms (including pricing) of this Agreement and any Acceptance Documents and any other information made available by Fresche in connection with the performance of this Agreement, including any information made available by Fresche relating to the Items will be deemed confidential information of Fresche without any marking or further designation. To protect and maintain the confidentiality and restricted use of Fresche Software and confidential information of Fresche, Customer will take all reasonable steps and precautions.
B) Infringement. Customer agrees that any violation of this Agreement with respect to confidentiality, non-disclosure, trademark or copyright infringement will constitute a fundamental breach of this Agreement. Furthermore, Customer acknowledges that any such violation may be remedied by monetary damages, injunctive relief or both, at Fresche’s option.
6. Disclaimer of Warranty
THE FRESCHE SOFTWARE, MAINTENANCE AND SUPPORT SERVICES AND ANY OTHER RELATED PRODUCTS AND SERVICES PROVIDED UNDER THIS AGREEMENT IS LICENSED, MADE AVAILABLE, OR PROVIDED, AS APPLICABLE “AS IS” AND “AS AVAILABLE”. CUSTOMER BEARS THE RISK OF USING FRESCHE SOFTWARE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FRESCHE DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING, ANY IMPLIED WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE AND NON-INFRINGEMENT. FRESCHE SPECIFICALLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTY, REPRESENTATION, GUARANTEE OR CONDITION THAT: (i) ANY OF THE ITEMS WILL MEET CUSTOMER’S REQUIREMENTS (ii) FRESCHE SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR (iii) FRESCHE CAN OR WILL HAVE ALL SOFTWARE DEFECTS CORRECTED.
7. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT WILL FRESCHE BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE ITEMS OR ANY SPECIAL OR SUBSEQUENT MODIFICATIONS TO THE ITEMS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS OR DAMAGES ARISING FROM LOSS OF USE, LOSS OF CONTENT OR LOSS OF DATA. IN ADDITION, FRESCHE’S TOTAL AGGREGATE LIABILITY TO CUSTOMER FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE ITEMS OR ANY SPECIAL OR SUBSEQUENT MODIFICATIONS TO THE ITEMS, WILL IN NO EVENT EXCEED THAT PORTION OF THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER TO FRESCHE IN THE PRECEDING TWELVE (12) MONTH PERIOD FOR SUCH ITEMS OR SUBSEQUENT MODIFICATIONS TO THE ITEMS RELATING TO ANY SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CUSTOMER ACKNOWLEDGES AND AGREES THAT FRESCHE IS NOT LIABLE FOR ANY INTERRUPTIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
8. Export of the Items
Customer agrees to comply with all export and re-export laws and regulations imposed by the Canadian government, the U.S. government, the government of the United Kingdom and any other country’s government with respect to the Software and its related documentation and any other technical data received from Fresche. Unless specifically authorized elsewhere in this Agreement or in the Acceptance Documents, the Items or a portion thereof will not be transferred or exported outside the country of Customer’s address indicated in the Acceptance Documents. If Customer wishes to so transfer or export the Items or any portion thereof, Customer will: (i) notify Fresche in detail of the intended export and the intended ultimate destination; (ii) obtain any required export license or other permission to transfer such Items to the other country or countries; and (iii) obtain Fresche’s prior written consent before doing so. Customer hereby indemnifies Fresche against any liability towards any government or third party arising out of such export.
9. Fresche Software Maintenance and Support Services
A) Purchase Of Maintenance and Support Services. Customer understands and agree that Customer’s right to use Fresche Software and to obtain Maintenance and Support Services, when purchased by Customer as indicated in the Acceptance Documents, is subject to Customer’s compliance with the terms and conditions of this Agreement. The Maintenance and Support Services provisions applicable to Customer, if any, for the Fresche Software will be those that are in effect at the time Customer acquires the license for the Fresche Software and the Maintenance and Support Services. Subject to Fresche’s right in Section 9(d) to modify Maintenance and Support Services terms applicable to a renewal term, the Maintenance and Support Services terms contained herein will remain binding between Customer and Fresche in the absence of a signed agreement stating otherwise between Customer and Fresche.
B) Term. Various Maintenance and Support Services may be purchased by Customer for renewable one (1) year terms to commence upon the day after the PAF is signed by both parties. The level and scope of purchased Maintenance and Support Services are as identified in the Acceptance Documents signed between the parties hereto from time to time. Notwithstanding the foregoing, Fresche may change the level or scope of Maintenance and Support Services for any renewal term in accordance with the provisions of Section 9(d).
C) Fresche Obligations. During a purchased and paid-for Maintenance and Support Services term, Fresche will, on an ongoing and continual basis for such term, use reasonable efforts to: (i) ensure that Fresche Software continues to perform materially in accordance with its related documentation; (ii) communicate regularly with Customer by way of any combination of telecommunications, written correspondence, meetings, electronic bulletin board services, Software updates and documentation updates; (iii) correct problems associated with the Software brought to its attention by Customer; and (iv) issue to Customer’s designated support location, programming and documentation enhancements to the Software which are released in that term. All enhancements are subject to the restricted use and limited liability provisions of this Agreement.
D) Renewal Terms. At the end of any Maintenance and Support Services term, whether an initial or renewal term, the Maintenance and Support Services will be automatically renewed for a further term of twelve (12) months unless one party has given written notice to the other, which notice must be received at least thirty (30) days before the end of the then existing term, of such party’s intent not to renew. Each renewal Maintenance and Support Services term will operate under the terms and conditions of the immediately preceding Maintenance and Support Services term, except that Fresche may notify Customer thirty (30) days prior to the expiry of the then current Maintenance and Support Services term of any changes to the terms, conditions, scope and fees applicable to the renewal Maintenance and Support Services term.
E) Voiding of Warranties. Any unauthorized modification, unauthorized use, improper installation of the Software or any improper management of any related hardware will render Maintenance and Support Services obligations null and void. Fresche warrants to Customer that Maintenance and Support Services will be provided by qualified support technicians familiar with the Software and its operation. Fresche does not warrant or guarantee that it can or will solve any reported problems with respect to the Software and it further disclaims any and all warranties as set forth in this Agreement.
F) Survival of this Agreement. In the event that Fresche or Customer do not agree on the purchase, sale, renewal or continuation of Maintenance and Support Services, the remaining terms and conditions of this Agreement will continue to apply.
10. Default and Termination
A) Termination by Fresche. Fresche may terminate this Agreement and Customer’s rights hereunder for any breach of this Agreement which is not cured by Customer within fifteen (15) days after receipt of written notice from Fresche to Customer or immediately if Customer becomes insolvent or the subject of bankruptcy proceedings or has been dissolved.
B) Return or Destruction of Software. Within fifteen (15) days following expiration of a non-perpetual license or termination of this Agreement by Fresche pursuant to Section 9, Customer will either return all copies of the Software to Fresche or will certify in writing to Fresche that all copies of the Software have been uninstalled and destroyed.
11. Audit Rights
Fresche, at its expense, may inspect and audit, and/or may engage an independent third party to inspect and audit, at any time, if Fresche reasonably believes Customer may have breached any of its obligations under this Agreement, Customer’s books and records, hardware components and software environment relating to, or otherwise connected with, Customer’s performance of its obligations under this Agreement or that are reasonably required to determine Customer’s compliance with Customer’s obligations under this Agreement. Customer will cooperate fully with all such inspection and audit requests.
12. General Provisions
A) Governing Law. The laws of the State of New York, without reference to the conflicts of law rules, govern this Agreement and any dispute that might raise between Fresche and Customer, and any dispute will be adjudicated in any state or federal court located in New York. Notwithstanding the foregoing, if Customer is located in Canada, then the laws of the Province of Quebec, without reference to conflict of law rules, govern this Agreement and any dispute that might arise between Fresche and Customer, and any dispute will be adjudicated in any provincial or federal court located in Quebec. Customer irrevocably consents to the exclusive jurisdiction and venue in those courts. Fresche may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of intellectual property or other proprietary rights belonging to Fresche, its affiliates, or any third party. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
B) Taxes. Taxes and charges, imposed by any government with respect to the Items, for the sale or use of goods and/or services, measured by or related to the gross receipts applicable to this Agreement or related to importation, VAT or otherwise applicable to the distribution of the Items, will be paid by Customer. If paid by Fresche, they will be reimbursed by Customer to Fresche within twenty (20) days after Fresche’s request for reimbursement. All prices shown in an Acceptance Document are exclusive of taxes unless otherwise stated.
C) Limited Data Collection. Customer understands and agrees that, in the course of performing its obligations under this Agreement, including delivering Items and providing Maintenance and Support Services, Fresche may access and collect data and information, such as computer specifications, operating systems and screen resolutions, to support the performance of its obligations, to improve its products or services and to better assess and service Customer.
D) Notices. Any notice, request or demand will be in writing and sent by either registered or certified mail, postage prepaid, by email or by facsimile transmission with answerback to the appropriate address, email or facsimile number specified. Each party may change its address, email address or facsimile number by written notice to the other party.
E) Titles. Captions contained in this Agreement are for reference purposes only and are not part of the Agreement.
F) Severability. If any provisions of this Agreement are held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.
G) Survival. The terms contained in Sections 2 (Payment), 5 (Confidentiality and Copyright Infringement), 6 (Disclaimer of Warranty), 7 (Limitation of Liability) and 12 (General) will survive the termination of this Agreement.
H) Force Majeure. If Fresche will be delayed or prevented from performing this Agreement due to any cause beyond its reasonable control, any such delay will be excused during the continuance of the cause of delay, and the period of performance will be extended to such extent as may be necessary to enable Fresche to perform this Agreement after the cause of delay has ended.
I) Waiver. A delay or failure by either party to exercise any right or partial right will not be deemed to constitute a waiver of any such right or any other rights hereunder. A consent by either party to a breach of any express or implied term of this Agreement will not constitute a consent to any subsequent breach.
J) Publicity. Customer permits Fresche to refer to Customer as its customer and to use Customer’s name and/or logo for advertising or publicity purposes.
K) English Language. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
L) Feedback. Fresche may, in connection with any of its products or services, freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction, including based on intellectual property rights or otherwise. No Feedback will be considered Customer’s confidential information, and nothing in this Agreement limits Fresche’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
M) Non-Transferability. Customer will not assign, sub-license, extend or otherwise transfer, in whole or in part, this Agreement or any license granted hereunder, without the prior written consent of Fresche. If Customer, without Fresche’s prior written consent, assigns, sub-licenses, extends or otherwise transfers, in whole or in part, this Agreement or any license granted hereunder, or if there is change in the effective control of Customer without Fresche’s prior written consent, then the unauthorized assignment, sub-license, transfer or extension, or the unauthorized change in effective control of Customer will be void and this Agreement will be maintained or, at the option of Fresche, the Agreement may be terminated. Fresche may assign its rights and obligations under this Agreement, without Customer’s permission, including in connection with any merger, consolidation, sale of all or substantially all of Fresche’s assets, or any other similar transaction.
N) Binding by Electronic Delivery. The Acceptance Documents may be executed in counterparts. When each party has signed and delivered at least one counterpart by hard copy, electronic signature, fax or PDF/email electronic delivery, each counterpart will be deemed an original, and when taken together with other signed counterparts, will constitute one agreement, which will be binding on all parties.
O) Relationship with Acceptance Documents. In case of conflict between the terms and conditions of the Acceptance Documents and the terms and conditions of this Agreement, the terms and conditions of the Acceptance Documents will prevail.
P) Entire Agreement. The foregoing terms and conditions together with the Acceptance Documents constitute the entire agreement between the parties with respect to the Items and will supersede all previous proposals, both oral and written, negotiations, representations, commitments, writings, agreements and all other communications between the parties. Other than changes to the Maintenance and Support Services terms applicable to renewal terms, no amendment to this Agreement will be valid and binding on either party unless agreed to in writing and signed by the duly authorized representative of each party. Notwithstanding the foregoing, Fresche may update or modify this Agreement from time to time, including any referenced policies and other documents. If a revision meaningfully reduces Customer’s rights, Fresche will use reasonable efforts to notify Customer of such revision. If Fresche modifies the Agreement, Customer’s continued use of Items will constitute Customer’s irrevocable acceptance of the updated terms. This Agreement may not be released, discharged, changed, modified or amended except by an instrument in writing signed by a duly authorized representative of each of the parties. The obligations of Customer will continue with any successors and permitted assigns of Customer.
For inquiries: commercial.support@freschesolutions.com
For written notices required to be sent by this Agreement to Fresche, please send such notice to one of the following Fresche entities described as Licensor in the Acceptance Documents:
Fresche Solutions Inc.
995 Wellington St., Suite 220, Montreal, Quebec, Canada H3C 1V3
Fresche Solutions USA Corporation
20 Fall Pippin Lane Suite 202, Asheville, NC 28803, USA
Fresche Solutions Limited, a company registered in England and Wales (1795263)
Narrow Quay House, Narrow Quay, Bristol, BS1 4QA, UK
Look Software PTY LTD
Level 26, 360 Collins Street, Melbourne, VIC 3000, Australia
TRINITY GUARD, LLC
11511 Katy Freeway, Suite #511, Houston, TX 77079, USA
