This is a copy of the software license agreement you agree to when using Fusion. It is presented and must be accepted during the initial installation and upon every upgrade.
This is a legal agreement between you, the Client, and SSG Fusion Ltd. (the legal name for Fusion Feedlot Insights and herein referred to as "SSG Fusion"). Be sure to read and understand all of the rights and restrictions described in the following agreement before using Fusion. BY USING FUSION YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DELETE ALL COPIES OF FUSION AND ALL ACCOMPANYING FILES FROM ANY STORAGE DEVICES UPON WHICH YOU HAVE PLACED IT.
In this agreement "Fusion" refers to the software embodied in "Fusion Server", "Fusion Client", and "Fusion Truck". The right to use Fusion can be given in one of two options: Rental or Purchase. In either case, the Client must have a valid license key to use Fusion. The Rental option gives the Client the right to use Fusion and receive upgrades during such time as the Client pays SSG Fusion the monthly rental fee. The Purchase option gives the Client the right to use Fusion and receive upgrades as long as the Client has a current maintenance agreement. However, if the Client does not have a current maintenance agreement, the Client may continue to use Fusion, but may not use any upgrades.
During such time as the Client has a valid license key, SSG Fusion grants to the Client a non-exclusive right to use one copy of Fusion Server on one computer at a single location for the Client's use only. The Client may use Fusion Client on an unlimited number of computers at any location to connect to Fusion Server. The Client may use Fusion Truck in feed truck mode on an unlimited number of computers at any location.
The Client may not rent, lease, resell, redistribute, or provide remote computer services to distribute Fusion to any other party, or permit the use of Fusion by any other party or outsourcer or facility management service without the prior written consent of SSG Fusion. The Client may not alter, reverse engineer, decompile, disassemble, or modify Fusion. The Client may not modify Fusion or create derivative works based upon Fusion.
If this copy of Fusion is an upgrade from an earlier version of Fusion, it is provided to the Client on a license exchange basis. The Client agrees by installing and using of this copy of Fusion to voluntarily terminate the Client's earlier software license and that the Client will not continue to use the earlier version of Fusion nor transfer it to another individual or organization.
The forgoing license gives the Client limited rights to use Fusion. Although you own the media on which Fusion is recorded, you do not become the owner of, and SSG Fusion retains title to, Fusion, and all copies thereof. All rights not specifically granted in this agreement, including International copyrights, are reserved by SSG Fusion. However, the Client owns all data entered into or produced by Fusion. SSG Fusion has no right to this data. If a copy of the Client's data is provided to SSG Fusion for support reasons, the copy will be destroyed once the support is accomplished. If the Client, for any reason, no longer wishes or is allowed to use Fusion, SSG Fusion will provide the Client with an export of all their data in XML or SQL format.
Fusion regularly collects and sends to SSG Fusion data related to the operating health of Fusion Server. Data that is transmitted to SSG Fusion includes, but is not limited to, whether a backup occurred correctly, whether the data file is starting to experience corruption, whether a journal file is present, the percentage full of the hard drive containing the data file and backup files, data related to server memory usage, and crash detail information. The purpose of collecting this data is solely to make it possible for SSG Fusion to proactively fix issues before they become major problems. For billing purposes, the average head count in the past three months is also sent (the current head count is never sent). The Client acknowledges that this data is being collected and agrees to it being used for support and product enhancement purposes.
All title and copyrights in and to Fusion (including but not limited to all icons, images, files, and extensions incorporated into Fusion), the accompanying printed materials, and any copies of Fusion, are owned by SSG Fusion or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of Fusion is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Software License Agreement grants the Client no rights to use such content.
Fusion integrates with many types of technology to create a management solution. It is critical that each technology Fusion integrates with is working properly for Fusion to work correctly. These technologies include, but are not limited to, Hardware (hard drives, CPU, bus, cache, cache speed, RAM, network interface card, backup devices), Software (operating system, user installed software, brand specific software), Network (switches and hubs, network cable, patch panels, connection boxes, wiring, protection from interference), Security (quality and settings of firewalls, updated firmware, virus protection), Internet Link (type of connection, limits of ISP, connection reliability, speed, latency, port blocking), Electricity (surge protector, battery backup), and Connected Devices (LCIB, DSI, RFID reader, temperature probe). The Client acknowledges that Fusion may not work correctly if any of these technologies are not working properly. The Client further acknowledges that the Client, not SSG Fusion, is responsible for the correct working condition of each technology required for Fusion to work correctly. SSG Fusion provides recommendations for the quality and specifications of many of these technologies on their website and it is the responsibility of the Client to ensure that these recommendations are met or exceeded.
This license is effective until terminated. The Client may terminate this license at any time by destroying Fusion, related documentation and all copies thereof. This license will terminate immediately without notice if the Client fails to comply with any provision of this license. Upon termination the Client must destroy Fusion, related documentation and all copies thereof.
SSG FUSION AND ITS SUPPLIERS PROVIDE FUSION "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF FUSION IS WITH THE CLIENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SSG FUSION OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE FUSION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SSG FUSION OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
For inquiries or concerns regarding this agreement, please contact us at support@FusionFeedlotInsights.com.
Last updated: August 8, 2023
