This End-User License Agreement (“EULA”) is a legal agreement between you and evolveVoucher provided by evolveVoucher.com This EULA agreement governs your acquisition and use of our evolveVoucher software (“Software”) directly from evolveVoucher.com Please read this EULA agreement carefully before completing the installation process and using the evolveVoucher software. It provides a license to use the evolveVoucher software and contains warranty information and liability disclaimers. If you register for a free trial of the evolveVoucher software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the evolveVoucher software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement. If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement. This EULA agreement shall apply only to the Software supplied by evolveVoucher.com regardless of whether other software is referred to or described herein. The terms also apply to any evolveVoucher.com updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
License Grant evolveVoucher.com hereby grants you a personal, non-transferable, non-exclusive license to use the evolveVoucher software on your devices in accordance with the terms of this EULA agreement, subject to any terms regarding fees for the Software and related services offered by evolveVoucher.com You are permitted to load the evolveVoucher software (for example a PC, laptop) under your control. You are responsible for ensuring your device meets the minimum requirements of the evolveVoucher software. You are not permitted to:
The Software will access your billing system only at your direction, when you initiate the action through the Software’s user interface, and no login credentials can be stored in the Software. In order to export billing information from your billing system, including any transformation of that billing information needed to upload to the evoucher website, you grant the Software the right to use your billing information as you direct.
Intellectual Property and Ownership evolveVoucher.com and its licensors shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads or automatic updates of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of evolveVoucher.com. evolveVoucher.com reserves the right to grant licenses to use the Software to third parties.
Termination This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to evolveVoucher.com by emailing us at [email protected] It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Governing Law This EULA agreement, and any dispute arising out of or in connection with this EULA agreement shall be governed by and construed in accordance with the laws of the United States, specifically the State of Oregon.
Restrictions. This Software is provided for your use, and others should seek their own license pursuant to this EULA if they wish to use the Software. You may not sublicense, assign or transfer the license or Software except as expressly provided in this EULA.
DISCLAIMER OF WARRANTIES.
EXCEPT AS DESCRIBED IN THIS SECTION, NEITHER evolveVoucher.com NOR ITS LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, PERFORMANCE, ADEQUACY OR CURRENCY OF THE SOFTWARE OR THE COMPANY TECHNOLOGY, AND COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY, AND evolveVoucher.com’S SOLE AND EXCLUSIVE RESPONSIBILITY, FOR ANY FAILURE OF THE SOFTWARE WILL BE FOR evolveVoucher.com TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT MATERIAL ERRORS AND/OR OMISSIONS.
LIMITATION OF LIABILITY.
IN NO EVENT WILL evolveVoucher.com OR ITS OFFICERS, EMPLOYEES, CONTRACTORS OR LICENSORS BE LIABLE FOR LOSS OF USE, LOSS OF CONTENT, LOSS OF USER DATA, OR RECOVERY OF CONTENT OR USER DATA, AND EXCEPT AS EXPRESSLY PROVIDED BELOW, IN NO EVENT (A) WILL evolveVoucher.com OR ITS OFFICERS, EMPLOYEES, CONTRACTORS OR LICENSORS, BE LIABLE FOR LOST PROFITS OR FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, INCLUDING ANY LOSSES THAT ARE FORESEEABLE; AND (B) WILL evolveVoucher.com’S LIABILITY, OR THE LIABILITY OF ITS OFFICERS, EMPLOYEES, CONTRACTORS OR LICENSORS, EXCEED, IN THE AGGREGATE, THE TOTAL AMOUNTS PAID OR PAYABLE BY YOU TO evolveVoucher.com DURING THE THREE MONTHS PRECEDING THE DATE THE CLAIM AROSE.
COMPLIANCE WITH LAWS. You shall comply with all laws and regulations of the United States and other countries (“Export Laws”) to ensure that the Software is not exported, directly or indirectly, if doing so would be a violation of Export Laws.
Indemnity. You shall defend evolveVoucher.com against any claim, demand, suit or proceeding made or brought against evolveVoucher.com by a third party alleging that (1) your use of the Software, but not the Software itself, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, or (2) that your use of the Software in violation of this EULA caused harm to a third party (a “Claim Against evolveVoucher.com” ), and you shall indemnify evolveVoucher.com for any damages, attorney fees and costs finally awarded against evolveVoucher.com as a result of, or for any amounts paid by evolveVoucher.com or its insurers under a court-approved settlement of, a Claim Against evolveVoucher.com.