EULA (End- User License Agreement)
BY WAY OF CLICKING ON THE “I ACCEPT” BUTTON, INSTALLING, DOWNLOADING, ACCESSING, OR OTHERWISE USING THIS PRODUCT, YOU ARE AGREEING THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD THE TERMS OF THIS EULA, AND AGREE TO BE LEGALLY BOUND BY THE HEREIN CONTAINED TERMS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, YOU WILL HAVE NO RIGHTS TO THE PRODUCT AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THE PRODUCT IN ANY MANNER/FORM.
Definitions and Interpretations
Subject to Your full compliance at all times with the terms and conditions set forth in this EULA Zumbido shall grant to You a limited, non-transferable, non-exclusive license for the use and/or installation of the Product subject to all the terms and conditions set forth herein. Furthermore, this EULA shall also govern any and all software Updates and Upgrades provided by Zumbido that would replace, overwrite and/or supplement the originally installed version of the Product, unless those other Updates and Upgrades are covered under a separate license, in which case the terms of that license will govern.You acknowledge and agree that We may monitor and audit Your use of the Product for compliance with this EULA at any time. In the event that such audit reveals any non-compliance with the terms of this Agreement, We shall at Our discretion have the right to impose penalties for such non-compliance. Furthermore, You shall reimburse Us for all expenses related to such audit in addition to any other liabilities/penalties You may incur as a result of such non-compliance.
This EULA shall come into effect immediately on the date You have pressed the “I ACCEPT” button or You have Installed, or downloaded, or accessed, or otherwise started using the Product. This EULA will remain in effect until it is terminated in accordance with this EULA.
We will not receive any title to Your pre-existing intellectual property rights and do not grant any rights in the same to a third party. We shall not be liable for any claim of intellectual property infringement, to the extent that it does not pertain to intellectual property that We own. You shall indemnify, keep indemnified and hold Us harmless from any claim by a third party pertaining to infringement of intellectual property. You shall take over the defense of any such claim and reimburse Us for any costs, penalties, etc., incurred by Us in relation to the claim
Restriction on Use
As a Licensee, You may not: (a) You may not sell, resell, assign, share, distribute, lend, lease, license, sublicense or otherwise make available, in any manner whatsoever, to any third party the offered content; (b) Modify, adapt, create derivative works from or translate any part of the offered content other than what may be used within Your work in accordance with this License; (c) Reverse engineer, decompile or disassemble the offered content, nor attempt to locate or obtain its source code; (d) Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the offered content; or (e) create Internet link(s) to the Product or frame(s) or mirror(s) any content thereof on any other server, wireless or internet-based device; or (f) access the Product in order to (i) build a competitive product or service or software, (ii) build a product/software using similar ideas, features, functions, or graphics of the Product, (iii) copy any ideas, features, functions, or graphics of the Product, (iv) circumvent the copy protection technology that may be included in the Product, including features that automatically disables or limits use of the Product upon expiration of a License, (v) make copies of the Product (or any part of the Product); or (g) Make use of any offered content in any manner not stipulated within this EULA or the documentation accompanying the offered content.
You may not, in the course of Your use of the Product (a) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; or (b) send or store infringing, obscene (including pornography, violence, terror, etc.), threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; or (c) send or store material containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents or programs; or (d) attempt to gain unauthorized access to the Product or its related systems or networks; or (e) violate or cause Us to violate applicable law; or (f) use the Product other than for Your reasonable internal business purposes
Furthermore, You acknowledge that We assume no responsibility for monitoring Your use of the Product for inappropriate content or conduct. We will have a right to immediately suspend Your usage of the Product if it comes to Our attention that You have indulged in any of the activities mentioned in this clause.
UPDATES / UPGRADES
Zumbido may find the need to make available Updates or Upgrades for the Product, in accordance with the herein contained terms and conditions of this EULA. These shall be at the sole discretion of Zumbido to make conditional releases of said Updates or Upgrades to You upon Your acceptance of another EULA or execution of another separate agreement. Should You elect to install and make use of these updates, You are therefore agreeing to be subject to all applicable license, terms, and conditions of this EULA and/or any other agreement. We reserve the right to levy an additional charge for any Upgrades/Updates.
If We make any Upgrades/Updates mandatory, it is Your responsibility to ensure that You install the same. We will not be liable for Your use of an older version and will not be liable to fix any issues that come in the older version of the Product. You shall indemnify, keep indemnified and hold Us harmless from any actions or claims pertaining to infringement of any intellectual property arising out of Your use of an outdated version of the Product.
Zumbido reserves the right to modify, suspend or discontinue, temporarily or permanently the Product or any services to which it connects, with or without notice and without any liability to You.
YOUR RESPONSIBILITIES. You shall be solely responsible:
Disclaimer of Warranty
Zumbido shall use commercially reasonable efforts to maintain Product in a manner that minimizes errors and interruptions.you agree that the use of the product is at your sole risk and the zumbido does not warrant that product will be uninterrupted or error-free; nor does it make any warranty as to the results that may be obtained from use of product. to the fullest extent permitted by applicable law, except as expressly provided for herein and notwithstanding anything to the contrary, neither party nor any officer, director, subsidiary, affiliate, or employee of either party, makes any other warranty of any kind, whether express, implied, statutory or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular use, and noninfringement. neither zumbido nor any officer, director, subsidiary, affiliate, or employee of zumbido makes any representation or warranty about any content or information made accessible by or through product. zumbido reserves the right to alter, modify, suspend or discontinue, temporarily or permanently the product ( in whole or in part) (at any time, and any reliance on the software or its quality or performance is at your sole risk.
limitation of liability and remedies. neither us nor anyone on our behalf nor anyone involved in creating, producing, marketing or distributing the software, shall be liable for any direct, indirect, incidental, special or consequential damages resulting from use of or inability to use the software due to any cause whatsoever. in case we are liable due to any applicable law, our entire liability and/or any liability of our suppliers, howsoever arising shall be limited to the amount paid by you for the product in the twelve (12) months preceding the date of the claim. under no circumstances will we be liable for any indirect, consequential, or punitive damages including but not limited to loss of profits, loss of revenue, loss of data, (each whether direct or indirect). this clause captures your exclusive remedy with regards to any claims. the aforementioned limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by law, even should any proposed remedy fail its essential purpose.
Notwithstanding anything to the contrary, You will defend, indemnify, keep indemnified, and hold Us, Our affiliates, suppliers, licensors, and each of their/Our respective employees, officers, directors, and representatives harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including but not limited to, reasonable attorney’s fees) arising out of or relating to (i) Your download, installation, use, reproduction or distribution of the Product (including in combination with devices, software, or other items), (ii) unauthorized use of the Product, or (iii) any breach of this EULA or violation of any applicable laws (iv) in connection with the Product; or (v) violation of any rights of any third-party.
By installing the Product, You hereby agree that You will comply with any and all applicable export laws, restrictions, and all regulations that are applicable to You in any jurisdiction and specifically of the U.S. Department of Commerce, U.S. Department of Treasury, and any other U.S. or foreign agency or authority with regards to this provision of the EULA. You expressly agree not to export or re-export, nor allow the export or re-export of the offered content either in accordance with or in violation of any such law, restriction, or regulation, including without limitation, export or re export to any country subject to any and all applicable U.S. trade embargoes or any other prohibited destination.