NewBOS Partners, LLC - End User License Agreement (“EULA”)
This End User License Agreement (this "Agreement") is a legal contract between you, either as an individual user or as a business entity (the "Licensee"), and NewBOS Partners, LLC (the "Licensor"). By using, downloading, installing, or any other use of the software provided by and from Licensor (the “Software”), Licensee agrees to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please do NOT use, download, install, or otherwise make use of the Software provided by and from Licensor. 1. LICENSE GRANT: Licensor grants Licensee a non-exclusive, non-transferable, limited license to use the Software for internal business operations, conditional on compliance with the terms of this Agreement. 2. SUBSCRIPTION TERM AND FEE: The Software is available for use by the Licensee under a monthly subscription and software license use fee, invoiced by Licensor to Licensee each month, beginning on the Software subscription's effective date, and lasting until terminated by either Licensor or Licensee as per the terms of this Agreement. 3. LICENSE RESTRICTIONS: Licensee agrees to not reverse engineer, modify, distribute, or transfer any rights to use or access the Software without Licensor's prior written and dated consent. Creation of derivative works of the Software, or Software reselling or sublicensing are strictly prohibited. 4. OWNERSHIP: Licensee agrees herein that Licensor owns and retains all rights to the Software, including all derivatives and modifications. 5. TERMINATION: Licensor may terminate this Agreement for Licensee's breach of this Agreement at any time. Upon termination notification by Licensor, all use by Licensee of Licensor’s Software must immediately cease. 6. REPORTING UNAUTHORIZED USE: Licensee agrees to report any unauthorized use or security breaches to Licensor immediately upon Licensee’s awareness of such a condition. 7. SUPPORT TERMS: Licensor provides email and telephone support for Licensees as specified on Licensor’s website (www.NewBOS.com). 8. EVALUATION SOFTWARE: Use of evaluation software is subject to these terms and may be modified or terminated by Licensor at any time. 9. NO WARRANTIES: Licensee expressly acknowledges and agrees that use of the Software is at Licensee’s sole risk. to the maximum extent permitted by applicable law, the Software and any services or functions performed or provided by the Software are provided by Licensor to Licensee "as is" and “as available,” with all faults that may exist in the Software and without warranty of any kind, and Licensor hereby disclaims all warranties and conditions with respect to the Software and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. no oral or written information or advice given by Licensor or its authorized representatives shall create a warranty. 10. LIMITATION OF LIABILITY: Licensee agrees that Licensor is not liable for any direct or indirect damages arising from either Licensee’s use of Software for any purpose, or Licensee’s inability to use the Software for any purpose. 11. GOVERNING LAW: This Agreement is governed by and construed in accordance with the laws of the State of Montana, in the United States of America. 12. ENTIRE AGREEMENT: This Agreement is the complete agreement between Licensor and Licensee regarding the use by Licensor of the Software and supersedes any previous agreements regarding the use by Licensee of the Software, whether written or oral. By using, installing, copying, or otherwise make use of Licensor’s Software, you acknowledge that you have read this entire Agreement, understand it, and agree to be bound by its terms and conditions in order to use Licensor’s Software. Thank you, and welcome to the family of NewBOS Partner LLC Software users!!