End-User License Agreement
1. Introduction
This End-User License Agreement ("Agreement" or "EULA") is a legal agreement between you ("User," "you," or "your") and easier.digital ("Company," "we," "us," or "our") governing your use of any software, applications, modules, scripts, or related documentation ("Software") provided by easier.digital.
By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not install or use the Software.
2. Definitions
- "Software" means any custom-developed applications, modules, integrations, scripts, or code provided by easier.digital, including any updates, patches, or modifications.
- "License" means the right to use the Software as granted under this Agreement.
- "Documentation" means any user guides, manuals, or technical documentation provided with the Software.
3. Grant of License
Subject to the terms of this Agreement and full payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Install and use the Software for your internal business purposes only.
- Make a reasonable number of backup copies for archival purposes.
- Use the Documentation in connection with your permitted use of the Software.
4. License Restrictions
You agree NOT to:
- Copy, modify, or distribute the Software except as expressly permitted.
- Sell, sublicense, rent, lease, or lend the Software to any third party.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except where permitted by law.
- Remove, alter, or obscure any proprietary notices, labels, or marks on the Software.
- Use the Software to develop competing products or services.
- Use the Software in any manner that violates applicable laws or regulations.
- Transfer your license to another party without our prior written consent.
5. Ownership and Intellectual Property
The Software is licensed, not sold. We and our licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. This Agreement does not grant you any ownership rights in the Software.
Any feedback, suggestions, or improvements you provide regarding the Software may be used by us without obligation or compensation to you.
6. Third-Party Components
The Software may include or depend on third-party software, libraries, or components ("Third-Party Components"). Your use of Third-Party Components is subject to their respective license terms. We are not responsible for any Third-Party Components.
7. Updates and Support
- Updates: We may, at our discretion, provide updates, patches, or new versions of the Software. Such updates may be subject to additional or different terms.
- Support: Technical support is provided only as specified in a separate support agreement or service contract. This EULA does not entitle you to any support services.
8. Term and Termination
8.1 Term
This Agreement is effective until terminated.
8.2 Termination by You
You may terminate this Agreement at any time by uninstalling the Software and destroying all copies in your possession.
8.3 Termination by Us
We may terminate this Agreement immediately upon written notice if you breach any term of this Agreement.
8.4 Effect of Termination
Upon termination, you must cease all use of the Software and destroy all copies. Sections 5, 9, 10, 11, and 14 shall survive termination.
9. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR COMPLETENESS
- UNINTERRUPTED OR ERROR-FREE OPERATION
WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT DEFECTS WILL BE CORRECTED.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
- IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL.
THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification
You agree to indemnify, defend, and hold harmless easier.digital and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
- Your use of the Software
- Your breach of this Agreement
- Your violation of any third-party rights
- Your violation of applicable laws
12. Export Compliance
You agree to comply with all applicable export laws and regulations. You represent that you are not located in a country subject to embargo and are not on any restricted party list.
13. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Province of Newfoundland and Labrador and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any disputes arising from this Agreement shall be resolved exclusively in the courts located in St. John's, Newfoundland and Labrador, Canada.
14. General Provisions
14.1 Entire Agreement
This Agreement constitutes the entire agreement between you and easier.digital regarding the Software and supersedes all prior agreements and understandings.
14.2 Severability
If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
14.3 Waiver
No waiver of any term shall be deemed a continuing waiver or a waiver of any other term.
14.4 Assignment
You may not assign this Agreement without our prior written consent. We may assign this Agreement without restriction.
14.5 Amendments
We reserve the right to modify this Agreement at any time. Continued use of the Software after changes constitutes acceptance of the modified terms.
15. Contact Information
For questions about this End-User License Agreement, please contact us:
easier.digital
St. John's, Newfoundland, Canada
Phone: +1 844-709-EASY (3279)
Email: [email protected]
Website: https://easier.digital
By installing or using the Software, you acknowledge that you have read, understood, and agree to be bound by this End-User License Agreement.