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”).
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