This End User License Agreement (EULA) applies to the software
Application One Appy (hereinafter called “One Appy” or the “Application”) provided by the company under
the distinctive title “Everit” (hereinafter called “Everit” or the “Company”).
BY CLICKING THE ACCEPTANCE BUTTON OR BY DOWNLOADING,
INSTALLING OR USING THE APPLICATION, YOU ASSENT TO AND ARE BOUND BY THIS EULA.
YOU ALSO ACCEPT AND ASSENT TO THE APPLICATION’S PRIVACY POLICY AND TERMS OF USE
AS AMENDED FROM TIME TO TIME.
Subject to the terms and conditions of this EULA, Everit grants Licensee a non-exclusive, and
non-transferable license to install and use the Current Version solely in order
to create his own business pages and activate provided functions,
through One Appy, so as to improve communication and interaction with
its customers and manage his business in the effective way.
In its discretion, Everit
may make Updates or Upgrades to the Application. Everit
may, in its discretion, provide any Updates or Upgrades subject to its then
current forms of end user license agreement, which may contain additional or
different terms. This license does not entitle Licensee to Updates or Upgrades.
Licensee may not:
(i) modify or create any
derivative works of the Application;
(ii) decompile, disassemble, or reverse engineer the
Application, or defeat, bypass, or otherwise circumvent any software protection
mechanisms in the Application (except to the extent applicable laws
specifically prohibit such restriction);
(iii) attempt to access or use any other features of
the Application if Licensee has not paid the applicable license fee or is not
granted for such use;
(iv) redistribute, encumber, sell, rent, lease,
sublicense, or otherwise transfer the Application;
(v) use the Application in a timesharing or service
bureau arrangement; or
(vi) remove or alter any trademark, logo, copyright or
other proprietary notices, symbols or labels in the Application.
None of the content of the Application may be
recorded, copied, reproduced, translated, derived or otherwise transformed,
distributed, rented, publicly performed, retransmitted, presented to the public
or otherwise made available to the public without our express written consent.
Licensees are not allowed to attempt to extract the source code of the
Application and make any derivative versions.
Licensee alone is responsible for ensuring that any
information, photo, audio or video content that he/she uploads at the
Application is properly obtained, licensed and used under copyright and all
other applicable law. Licensee agrees not to use the Application to reproduce,
display, perform, or distribute content in any manner that violates any laws or
any third party rights.
All content, trade names, trademarks and other
distinctive features and content included in or made available through the
Application, including but not limited to the texts, graphics, sound, images,
logos, interface, look & feel, software and structure, are subject to
exclusive intellectual property rights of Everit
protected under applicable intellectual property laws.
There is a licence fee for
the Current Version and selected features/plugins of One Appy
and the granting of the licence, annually prepaid as
agreed based on the price list or the offer you were provided.
If for any purpose under this EULA, you provide Everit with your email address, you agree to receive all
notices and communications (“Notices”) from Everit in
electronic form at such email address. Delivery of any Notice from Everit is effective when sent by Everit,
regardless of whether you actually receive or read the Notice. You can update
your email address by using the features of your user account.
This EULA grants a license only and transfers to
Licensee no ownership interest. Everit reserves all
ownership rights as well as all other rights not expressly granted. Everit may use in any manner and without limitation all
comments, suggestions, complaints and other feedback that Licensee provides
relating to the Application. All rights not expressly granted to Licensee are
reserved to Everit.
Licensee agrees to indemnify, hold harmless, and at Everit’s request, to defend Everit
from any and all costs, damages and reasonable attorneys’ fees resulting from
any breach of this EULA or any allegation or claim that Licensee’s use of the
Application has violated any right of any third party or violated any law.
Should Licensee breach this EULA, Licensee’s right to
use the Application will terminate automatically without notice. Both parties
have the right to terminate this EULA with a prior written notice of 3 months
at no cost and without reason. The respective rights and obligations of Everit and Licensee under the following provisions will
survive termination: 4 (Restrictions on Use), 5 (Responsibility for Copyright
Content), 7 (Consent to Electronic Notice), 8 (Ownership), 9 (Indemnification),
10 (Termination), 11 (Disclaimer of Warranty), 12 (Limitation of Liability), 14
(third party services or products) and 15 (Miscellaneous). Upon termination,
Licensee will erase all copies of the Application.
The Application is provided “as is”. Everit disclaims all warranties whether express or implied.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE APPLICATION REMAINS
WITH YOU. Everit does not make any representations
regarding the results of the use of the Application.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT WILL EVERIT OR ITS DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS,
AGENTS OR RESELLERS OR SUPPLIERS (“EVERIT PARTIES”) BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE EVERIT PARTIES’ ENTIRE
LIABILITY WILL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID
FOR THIS LICENSE.
Licensee acknowledges and agrees that, notwithstanding
any other provisions of this EULA, any breach or threatened breach of this by
Licensee will cause Everit irreparable damage for
which recovery of money damages would be inadequate and that Everit therefore may obtain timely injunctive relief to
protect its rights under this EULA in addition to any and all other remedies
available at law.
© One Appy 2018