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End-User License Agreement (EULA) for eMailACheck
1.ATTENTION: PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING. THE INDIVIDUAL OR ENTITY USING THIS SOFTWARE (THE "END USER") AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE.
2. This End-User License Agreement (hereinafter referred to as the "Agreement") is a legal agreement between you (hereinafter referred to as the "User") and eMailACheck (hereinafter referred to as the "Provider") governing the use of the eMailACheck software (hereinafter referred to as the "Software"). By using the Software, the User agrees to be bound by the terms and conditions of this Agreement.
3. Grant of License:
The Provider grants the User a non-exclusive, non-transferable license to use the Software for personal and/or business purposes in accordance with the terms and conditions set forth in this and related Agreements and Federal, Patent, Copyright, Trademark, Local Laws and all public information online. But the Licensor retains ownership of all copies of the Software itself and the intellectual property. The End-User assumes sole responsibility for the installation, use and results obtained from use of the Software.
4. Restrictions:
a) The User shall not:
b) The End-User may NOT sublicense, assign, or distribute copies of the Software to others. The Software contains trade secrets. The End-User may NOT decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human readable form. the end-user may not modify, adapt, translate, rent, lease, loan, resell for profit, distribute, or otherwise assign or transfer the software, or create derivative works based upon the software or any part thereof, except as expressly provided in t, except as expressly permitted by this Agreement or another agreement which must be confirmed in writing by the licensor.
c) or attempt to copy or derive the source code from it;
d) Remove or alter any proprietary notices or labels on the Software;
e) Use the Software as their own or in any manner that violates any applicable laws or regulations.
5. Intellectual Property:
The Software and any accompanying documentation are and shall remain the intellectual property of the Provider. The User acknowledges that no ownership rights are granted under this Agreement and agrees not to take any action inconsistent with the Provider's intellectual property rights or in violation of any Copyright, Patent, Trademark, Federal or local Laws.
6. Privacy and Data Collection:
The User acknowledges and agrees that the Provider may collect and use certain information as outlined in the Privacy Policy. The User further acknowledges and agrees that the Provider may process and store the User's data for the purpose of providing the services associated with the Software.
7. Disclaimer of Warranty:
The Software is provided "as is" without any warranty of any kind, whether express or implied. The Provider does not guarantee that the Software will be error-free or uninterrupted, and the User acknowledges that the use of the Software is at their own risk. The End-User agrees that the foregoing constitutes the End-User's sole and exclusive remedy for breach by Licensor under any warranties made under this Agreement.
8. Limitation of Liability:
The Provider shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use or performance of the Software, even if the Provider has been advised of the possibility of such damages. The User agrees to indemnify and hold the Provider harmless from any claims, damages, or losses arising out of or relating to the User's use of the Software. The user shall carry insurance and/or self insure to protect themselves and Licensor from any and all claims.
9. Termination:
The Provider may terminate this Agreement at any time if the User breaches any provision of this Agreement. Upon termination, the User must cease all use of the Software and destroy all copies of the Software in their possession.
10. Enhancements.
From time-to-time Licensor may, in its sole discretion, advise the End-User of updates, upgrades, enhancements or improvements to the Software and/or new releases of the Software (collectively, "Enhancements"), and may license the End-User to use such Enhancements upon payment of prices as may be established by Licensor from time to time. All such Enhancements to the Software provided to the End-User shall also be governed by the terms of this License. IN ORDER FOR THE END-USER TO BE ASSURED THAT IT WILL BE ADVISED OF AND LICENSED TO USE ANY ENHANCEMENTS TO THE SOFTWARE, THE END-USER MUST COMPLETE, SIGN AND RETURN TO LICENSOR THE ATTACHED END-USER REGISTRATION CARD
11. Governing Law and Jurisdiction:
This License will be governed by and construed in accordance with the laws of the State of Florida, and shall inure to the benefit of Licensor and End-User and their successors, assigns and legal representatives. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. Any notices or other communications to be sent to Licensor must be mailed first class, postage prepaid, to the following address: Emailacheck LLC, 6001 NW 151st st #126 Miami Lakes, Florida 33014.
12. The End-User agrees to use its best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution in whole or in part, in any form, shall be made. The End-User acknowledges that the Software contains valuable confidential information and trade secrets and that unauthorized use and/or copying are harmful to Licensor. The End-User agrees that the Software is to be used only in the United States and the Software will not be transferred or exported, directly or indirectly, outside the U.S
13. Entire Agreement:
This Agreement constitutes the entire agreement between the User and the Provider relating to the use of the Software and supersedes any prior or contemporaneous agreements, communications, or representations, whether oral or written, relating to the subject matter of this Agreement.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE END-USER ASSUMES ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT WILL LICENSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES, BE LIABLE TO THE END-USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S LIABILITY TO THE END-USER (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT ORIGINALLY PAID TO LICENSOR FOR THE LICENSE OF THE SOFTWARE
14. By using the eMailACheck software, the User acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement. If the User does not agree to these terms, they must not use the Software.
15. Effective Date: 05/23/2023
