This End User License Agreement applies to you if you:
In this End User License Agreement “you” means End Users or are deemed to be an End-User and Software means an executable program and/or application associated with the Products.
Your obligations in this End User License Agreement with respect to End Users is to use reasonable efforts.
Our Software is proprietary and contains material that is protected by copyright and intellectual property laws. Our Software is licensed, not sold. We and the applicable licensors retain all right, title and interest in the Software (including any upgrades, updates or any modifications thereto and/or new versions thereof), and all computer programs, related documentation in whatever form, screen displays, images and other information contained therein or related thereto, and all patents, copyrights, trademarks and all other Intellectual Property Rights and other rights with respect thereto.
Subject to the terms and conditions of the Customer Agreement and in consideration of the applicable Fees, we grant you, solely during the term of the Customer Agreement, a non-exclusive, limited, personal, royalty-free and non-transferable term license, subject to and conditioned on your compliance with the restrictions set herein, to as applicable install, access and use Software provided to you by us solely for your internal business use and in accordance with our reasonable instructions. You do not acquire any rights, express or implied, in the Software other than those specified in this Agreement.
You may not sell, distribute, sublicense, rent, lease, assign or grant any rights to the Software or use the Software except as provided under this Agreement.
You may not and agree to take reasonable efforts to ensure no copying, reproduction, creation of derivative works, reverse engineering, disassembly, decompilation or other attempt (i) to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in, or (ii) to derive the source code of the underlying ideas, algorithms, structure or organization from the Software except to the extent required by law. You also may not in any other way alter, translate, modify or adapt the Software, nor may you export the Software.
You may not and agree to take reasonable efforts to ensure the Software is not used to upload, transmit, or transfer any data, information, materials, or content to us or any Third Party other than transmissions or transfers of information necessary for the intended use of the Software.
You may not and agree to take reasonable efforts to ensure the Software is not used for any illegal purposes.
This license is only effective during the term of this Agreement. We may terminate your rights under this license at any time without notice if we reasonably believe that you have violated any terms of this Agreement.
Your ability to use the Software depends on the compatibility of your systems or devices. Unless otherwise agreed with us in writing, ensuring such compatibility is your responsibility.
Where Software is Purchased from Third Parties e.g. App Stores
If you or an End User associated with your account (collectively for the purpose of this clause “you”) have downloaded any our Software from a third party App Store, such as the Apple iTunes Application Store or Android Marketplace (the “App Store”), the following additional terms apply:
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