End User License Agreement (EULA)
End User License Agreement (EULA)
1. Overview
This End User License Agreement ("Agreement") is a legal agreement between you ("End User," "you," or "your") and Incentrex, Inc., ("Licensor," "we," "us," or "our") governing your use of the downloadable software product, including any updates, supplements, and accompanying documentation (collectively, the "Software").
By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms, do not install or use the Software.
2. Grant of License
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Install and use one copy of the Software on a single device owned or controlled by you;
- Use the Software solely for personal or internal business purposes, in accordance with the permitted use defined at the time of purchase.
3. Restrictions
You may not, and may not allow others to:
- Modify, translate, adapt, or create derivative works from the Software;
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code;
- Rent, lease, sublicense, sell, distribute, or otherwise transfer the Software to any third party;
- Remove, alter, or obscure any proprietary notices or labels from the Software;
- Use the Software in violation of any applicable law or regulation.
4. Ownership and Intellectual Property
The Software is licensed, not sold. All rights, title, and interest in and to the Software, including but not limited to any intellectual property rights, are and shall remain the exclusive property of Incentrex, Inc., or its licensors. This Agreement does not convey to you any rights of ownership in or related to the Software.
5. Updates
We may, but are not obligated to, provide updates, patches, or upgrades to the Software. Any updates provided will be governed by this Agreement unless accompanied by a separate license agreement.
6. Term and Termination
This Agreement is effective upon your installation or use of the Software and will continue until terminated.
We may terminate this Agreement at any time if you fail to comply with any term or condition herein. Upon termination:
- Your license to use the Software shall immediately cease;
- You must uninstall and delete all copies of the Software;
- Sections 3 (Restrictions), 4 (Ownership), 6 (Termination), 7 (Disclaimer), 8 (Limitation of Liability), and 9 (Governing Law) will survive termination.
7. Disclaimer of Warranty
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee that the Software will function without interruption or error.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Incentrex, Inc.. OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Vermont, without regard to conflict of law provisions. Any legal actions arising under this Agreement shall be brought exclusively in the state or federal courts located in Chittenden County, Vermont.
10. Entire Agreement
This Agreement constitutes the entire agreement between you and Incentrex, Inc., concerning the Software and supersedes all prior or contemporaneous agreements, proposals, or communications, whether written or oral.
11. Contact Information
For questions about this Agreement, please contact: