277 lines
12 KiB
Plaintext
277 lines
12 KiB
Plaintext
End-User License Agreement ("Agreement")
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Last updated: Febuary 15 2023
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Please read this End-User License Agreement carefully before clicking the "I
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Agree" button, downloading or using PlugIt.
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Interpretation and Definitions
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==============================
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Interpretation
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--------------
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The words of which the initial letter is capitalized have meanings defined
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under the following conditions. The following definitions shall have the same
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meaning regardless of whether they appear in singular or in plural.
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Definitions
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-----------
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For the purposes of this End-User License Agreement:
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* Agreement means this End-User License Agreement that forms the entire
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agreement between You and the Company regarding the use of the
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Application.
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* Application means the software program provided by the Company downloaded
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by You to a Device, named PlugIt
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* Company (referred to as either "the Company", "We", "Us" or "Our" in this
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Agreement) refers to PlugIt.
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* Content refers to content such as text, images, or other information that
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can be posted, uploaded, linked to or otherwise made available by You,
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regardless of the form of that content.
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* Country refers to: France
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* Device means any device that can access the Application such as a
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computer, a cellphone or a digital tablet.
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* Third-Party Services means any services or content (including data,
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information, applications and other products services) provided by a
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third-party that may be displayed, included or made available by the
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Application.
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* You means the individual accessing or using the Application or the
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company, or other legal entity on behalf of which such individual is
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accessing or using the Application, as applicable.
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Acknowledgment
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==============
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By clicking the "I Agree" button, downloading or using the Application, You
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are agreeing to be bound by the terms and conditions of this Agreement. If You
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do not agree to the terms of this Agreement, do not click on the "I Agree"
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button, do not download or do not use the Application.
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This Agreement is a legal document between You and the Company and it governs
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your use of the Application made available to You by the Company.
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The Application is licensed, not sold, to You by the Company for use strictly
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in accordance with the terms of this Agreement.
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License
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Scope of License
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----------------
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The Company grants You a revocable, non-exclusive, non-transferable, limited
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license to download, install and use the Application strictly in accordance
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with the terms of this Agreement.
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The license that is granted to You by the Company is solely for your personal,
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non-commercial purposes strictly in accordance with the terms of this
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Agreement.
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License Restrictions
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--------------------
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You agree not to, and You will not permit others to:
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* License, sell, rent, lease, assign, distribute, transmit, host, outsource,
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disclose or otherwise commercially exploit the Application or make the
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Application available to any third party.
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* Modify, make derivative works of, disassemble, decrypt, reverse compile or
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reverse engineer any part of the Application.
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* Remove, alter or obscure any proprietary notice (including any notice of
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copyright or trademark) of the Company or its affiliates, partners,
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suppliers or the licensors of the Application.
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Third-Party Services
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====================
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The Application may display, include or make available third-party content
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(including data, information, applications and other products services) or
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provide links to third-party websites or services.
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You acknowledge and agree that the Company shall not be responsible for any
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Third-party Services, including their accuracy, completeness, timeliness,
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validity, copyright compliance, legality, decency, quality or any other aspect
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thereof. The Company does not assume and shall not have any liability or
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responsibility to You or any other person or entity for any Third-party
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Services.
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You must comply with applicable Third parties' Terms of agreement when using
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the Application. Third-party Services and links thereto are provided solely as
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a convenience to You and You access and use them entirely at your own risk and
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subject to such third parties' Terms and conditions.
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Term and Termination
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====================
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This Agreement shall remain in effect until terminated by You or the Company.
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The Company may, in its sole discretion, at any time and for any or no reason,
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suspend or terminate this Agreement with or without prior notice.
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This Agreement will terminate immediately, without prior notice from the
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Company, in the event that you fail to comply with any provision of this
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Agreement. You may also terminate this Agreement by deleting the Application
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and all copies thereof from your Device or from your computer.
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Upon termination of this Agreement, You shall cease all use of the Application
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and delete all copies of the Application from your Device.
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Termination of this Agreement will not limit any of the Company's rights or
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remedies at law or in equity in case of breach by You (during the term of this
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Agreement) of any of your obligations under the present Agreement.
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Indemnification
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===============
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You agree to indemnify and hold the Company and its parents, subsidiaries,
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affiliates, officers, employees, agents, partners and licensors (if any)
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harmless from any claim or demand, including reasonable attorneys' fees, due
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to or arising out of your: (a) use of the Application; (b) violation of this
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Agreement or any law or regulation; or (c) violation of any right of a third
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party.
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No Warranties
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=============
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The Application is provided to You "AS IS" and "AS AVAILABLE" and with all
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faults and defects without warranty of any kind. To the maximum extent
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permitted under applicable law, the Company, on its own behalf and on behalf
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of its affiliates and its and their respective licensors and service
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providers, expressly disclaims all warranties, whether express, implied,
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statutory or otherwise, with respect to the Application, including all implied
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warranties of merchantability, fitness for a particular purpose, title and
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non-infringement, and warranties that may arise out of course of dealing,
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course of performance, usage or trade practice. Without limitation to the
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foregoing, the Company provides no warranty or undertaking, and makes no
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representation of any kind that the Application will meet your requirements,
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achieve any intended results, be compatible or work with any other software,
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applications, systems or services, operate without interruption, meet any
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performance or reliability standards or be error free or that any errors or
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defects can or will be corrected.
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Without limiting the foregoing, neither the Company nor any of the company's
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provider makes any representation or warranty of any kind, express or implied:
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(i) as to the operation or availability of the Application, or the
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information, content, and materials or products included thereon; (ii) that
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the Application will be uninterrupted or error-free; (iii) as to the accuracy,
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reliability, or currency of any information or content provided through the
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Application; or (iv) that the Application, its servers, the content, or
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e-mails sent from or on behalf of the Company are free of viruses, scripts,
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trojan horses, worms, malware, timebombs or other harmful components.
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Some jurisdictions do not allow the exclusion of certain types of warranties
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or limitations on applicable statutory rights of a consumer, so some or all of
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the above exclusions and limitations may not apply to You. But in such a case
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the exclusions and limitations set forth in this section 11 shall be applied
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to the greatest extent enforceable under applicable law. To the extent any
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warranty exists under law that cannot be disclaimed, the Company shall be
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solely responsible for such warranty.
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Limitation of Liability
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=======================
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Notwithstanding any damages that You might incur, the entire liability of the
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Company and any of its suppliers under any provision of this Agreement and
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your exclusive remedy for all of the foregoing shall be limited to the amount
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actually paid by You for the Application or through the Application.
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To the maximum extent permitted by applicable law, in no event shall the
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Company or its suppliers be liable for any special, incidental, indirect, or
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consequential damages whatsoever (including, but not limited to, damages for
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loss of profits, loss of data or other information, for business interruption,
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for personal injury, loss of privacy arising out of or in any way related to
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the use of or inability to use the Application, third-party software and/or
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third-party hardware used with the Application, or otherwise in connection
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with any provision of this Agreement), even if the Company or any supplier has
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been advised of the possibility of such damages and even if the remedy fails
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of its essential purpose.
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Some states/jurisdictions do not allow the exclusion or limitation of
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incidental or consequential damages, so the above limitation or exclusion may
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not apply to You.
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Severability and Waiver
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=======================
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Severability
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If any provision of this Agreement is held to be unenforceable or invalid,
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such provision will be changed and interpreted to accomplish the objectives of
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such provision to the greatest extent possible under applicable law and the
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remaining provisions will continue in full force and effect.
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Waiver
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Except as provided herein, the failure to exercise a right or to require
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performance of an obligation under this Agreement shall not effect a party's
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ability to exercise such right or require such performance at any time
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thereafter nor shall be the waiver of a breach constitute a waiver of any
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subsequent breach.
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Product Claims
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==============
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The Company does not make any warranties concerning the Application.
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United States Legal Compliance
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==============================
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You represent and warrant that (i) You are not located in a country that is
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subject to the United States government embargo, or that has been designated
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by the United States government as a "terrorist supporting" country, and (ii)
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You are not listed on any United States government list of prohibited or
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restricted parties.
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Changes to this Agreement
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=========================
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The Company reserves the right, at its sole discretion, to modify or replace
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this Agreement at any time. If a revision is material we will provide at least
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30 days' notice prior to any new terms taking effect. What constitutes a
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material change will be determined at the sole discretion of the Company.
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By continuing to access or use the Application after any revisions become
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effective, You agree to be bound by the revised terms. If You do not agree to
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the new terms, You are no longer authorized to use the Application.
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Governing Law
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The laws of the Country, excluding its conflicts of law rules, shall govern
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this Agreement and your use of the Application. Your use of the Application
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may also be subject to other local, state, national, or international laws.
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Entire Agreement
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================
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The Agreement constitutes the entire agreement between You and the Company
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regarding your use of the Application and supersedes all prior and
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contemporaneous written or oral agreements between You and the Company.
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You may be subject to additional terms and conditions that apply when You use
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or purchase other Company's services, which the Company will provide to You at
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the time of such use or purchase.
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Contact Us
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==========
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If you have any questions about this Agreement, You can contact Us:
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* By email: wzxrc@pm.me
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