This End-User License Agreement (the "Agreement") is a legal contract between you, the licensee and/or the company you represent (“you,” “your”) and Ehizogie Solutions (“we,” “us,” “our”).
We wish to license computer software to you and you desire to purchase the software license under the terms and conditions stated below.
In consideration of the provisions contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows:
1. License
(a) Under this Agreement, we grant you a limited, non-exclusive, and non-transferable license (the "License") to use an Ehizogie Solutions software product (the "Software").
(b) "Software" includes the executable computer program(s) and any related printed, electronic, and online documentation, and any other files that may accompany the product.
(c) Title, trademarks, copyright, intellectual property rights, and distribution rights of the Software remain exclusively with us. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
(d) The Software may be loaded onto no more than one computer.
(e) The rights and obligations of this Agreement are personal rights granted to you only. You may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. You may not make available the Software for use by one or more third parties.
(f) The Software may not be modified, reverse-engineered, or decompiled in any manner through current or future available technologies.
(g) Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
2. License Fee
(a) The purchase price paid by you will constitute the entire license fee and is the full consideration for this Agreement.
3. User Support
(a) As part of your License, we will provide you with technical support for the Software.
4. Limited Warranty
(a) We warrant that the Software, used under a valid License, will perform and function substantially as advertised, for the operating system version purchased. We will repair or replace the Software free of charge if it has proven to be defective within thirty (30) days of purchase, and upon receiving written notice of a breach of warranty. Your dated receipt or product registration will establish your eligibility for warranty service.
(b) We make no warranty, expressed or implied, that the Software will be suitable or appropriate for your specific requirements.
(c) We do not warrant that use of the Software will be uninterrupted or error-free. You accept that software in general are prone to bugs and flaws within an acceptable level as determined in the industry.
(d) This limited warranty shall not apply to any error or failure resulting from machine error, your failure to follow operating instructions, negligence or accident, or modifications to the Software by any person or entity other than us.
(e) If we breach a warranty, we will, at our election, repair all or any portion of the Software, or refund the purchase price paid for the current License for the defective Software only.
5. Limitation of Liability
(a) The Software is provided by us and accepted by you "as is". To the maximum extent permitted by applicable law, in no event shall we be liable for any general, special, incidental, or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by you arising out of the use or failure to use the Software, even if we have been advised of the possibility of such damages.
(b) Our Liability relative to all claims and liabilities will not exceed the License fee you paid for use of the Software giving rise to the claim or liability during the twelve (12) months immediately prior to the time your cause of action arose.
6. Acceptance
(a) All terms, conditions and obligations of this Agreement will be deemed to be accepted by you ("Acceptance") upon your acquisition of the License.
7. Related Agreements
(a) By accepting this Agreement, you also agree to the terms stated in our Privacy Policy (https://ehizogie.com/privacy-policy) and the Terms and Conditions of our website (https://ehizogie.com/terms-and-conditions).
8. Term
(a) This Agreement is effective upon your Acceptance until terminated by you or us.
9. Termination
(a) You may terminate this Agreement at any time by erasing the Software from any hardware upon which it may have been downloaded.
(b) This Agreement shall terminate after the duration of the Software License has lapsed.
(c) We may, at any time, terminate this Agreement if:
(d) Termination of this Agreement will automatically terminate all License granted herein. The protections in this Agreement relating to intellectual property protection, confidentiality, disclaimers, and liability limitations shall survive any termination or expiration of this Agreement.
10. Changes to this Agreement or to the Software
(a) We reserve the right, in our sole and absolute discretion, to make changes to this Agreement for security, legal, best practice or regulatory reasons. Such changes will be effective with or as applicable, without prior notice to you. You can review the most current version of this Agreement by clicking on the “End-User License Agreement” link located on the Product or on https://www.ehizogie.com/eula. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this Agreement, You may terminate this Agreement by immediately erasing the Software from any hardware upon which it may have been downloaded. Your continued use of the Software following any revision to this Agreement constitutes your complete and irrevocable acceptance of all such changes.
(b) We may make changes to the Software from time to time, especially for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Software. If you have paid for the Software License, we will provide you with thirty (30) days prior notice before removing any material feature or functionality, unless security, legal, or system performance considerations require an expedited removal. You agree that the Product may install or download the modifications automatically. You agree that we may stop to support previous versions of the Software upon availability of an updated version.
11. Force Majeure
(a) We will be free of liability to you where we are prevented from executing our obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where we have taken appropriate action to mitigate such an event.
12. Governing Law
(a) The Parties to this Agreement submit to the jurisdiction of the courts of the State of Queensland, Australia for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Queensland, Australia.
13. Miscellaneous
(a) This Agreement does not create or imply any relationship in agency or partnership between you and us.
(b) Any headings are for ease of reference only and do not affect the interpretation of this Agreement. Words in the singular mean and include the plural, and vice versa. Words in the masculine gender include the feminine gender, and vice versa. Words in the neuter gender include the masculine gender and the feminine gender, and vice versa.
(c) If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired, or invalidated as a result.
(d) This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
(e) This Agreement and the terms and conditions herein apply to and are binding upon our successors and assigns.
14. Notices
(a) All notices to the parties under this Agreement are to be provided in English via email. Our email address is info@ehizogie.com.
© 2024, EHIZOGIE Solutions. All Rights Reserved.
ABN: 65199401581
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