Embedded Files
Last updated: June 12, 2022
This End-User License Agreement (referred to as the "EULA") is a legally binding agreement between you, the Licensee, an individual customer or entity, and the Licensed Product Provider, the Developer of the Licensed Product, Kabtion, which may include associated media, printed materials, and online or electronic documentation. This Agreement is a legally binding contract that includes terms that limit your legal rights and Licensors' liability to you, and shall govern all access to and use of Kabtion. You hereby agree, without limitation or alteration, to all the terms and conditions contained herein.
By installing or otherwise using the Licensed Product (Kabtion), the Licensee agrees to be bound by the terms and conditions outlined in this EULA. However, if the Licensee does not agree to the terms and conditions outlined in this EULA, the said Licensee shall not download, install, or use Kabtion.
Definitions
"EULA" shall refer to this End-User-License-Agreement, including any amendment to this Agreement.
"Licensee" shall refer to You, the individual or entity that downloads and uses Kabtion.
"Licensor" shall refer to the Licensed Product Provider or Developer.
"Licensed Product / Licensed Application" shall refer to Kabtion, the Licensed Product and its services which provided pursuant to this EULA.
“Content” shall refer to any created content by Licensee using the Licensed Product.
“Licensed Product’s Content” shall refer to all rights, titles, interests, and copyrights in and/or to the Licensed Product, including but not limited to all code, algorithms, information and services, except those in External Services.
“External Services” shall refer to all third-party libraries, packages or services which are used in the Licensed Product and not owned, operated nor maintained by the Licensor.
Grant of License
Subject to the terms of this EULA, the Licensor hereby grants to the Licensee, a nontransferable license to use of the Licensed Product. Licensee is not allowed re-distribute this Licensed Product, either for profit or merely to recover media and distribution costs.
Intellectual Property
The Licensed Product provide Licensee with the ability to create Content which they own. Therefore, neither the Licensed Product or the Licensor claim any ownership rights in the text, files, images, videos, sounds, musical works or any other materials that the Licensee creates using the Licensed Product, and Licensee is solely and legally responsible for all the Content that has been created using the Licensed Product. However, the Licensor owns and retains all rights in the Licensed Product’s Content. Accordingly, the Licensed Product is protected by all applicable copyright laws and international treaties, and the Licensee is expected to use the Licensed Product concerning all intellectual property contained therein, except as otherwise provided for in this EULA.
Description of Rights and Limitations
Reproduction and Distribution: Licensee shall not duplicate or re-distribute the Licensed Product by any means.
Licensee Limitation: The Licensee shall not:
Use the Licensed Product for any illegal or unlawful purpose; or
Reverse engineer or decompile the Licensed Product.
Update and Maintenance
The Licensor will provide updates and maintenance as-needed basis.
Support
The Licensor has no obligation to Licensed Product support, or to continue providing or updating any part of the Licensed Product.
General Provisions
Termination
In the event of termination, all licenses provided under this EULA shall immediately terminate, and the Licensee agrees to discontinue accessing or attempting to access the Licensed Product.
Accordingly, this EULA may be:
Automatically terminated if the Licensee fails to comply with any of the terms and conditions under this EULA;
Terminated by the Licensor; or
Terminated by the Licensee.
External Services
The Licensed Product may enable access to third-party services and websites. The Licensee agrees to use the External Services at your sole risk. The Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. The Licensee will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of the Licensor or any third party. Licensee agrees not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that the Licensor is not responsible for any such use. External Services may not be available in all languages or and may not be appropriate or available for use in any particular location. To the extent the Licensee chooses to use such External Services, the Licensee is solely responsible for compliance with any applicable laws. The Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to the Licensee.
Non-Transferability
This EULA is not assignable or transferable by the Licensee.
Integration
Both parties hereby agree that this EULA is the entire and exclusive statement and legal acknowledgement of the mutual understanding of the parties and supersedes and cancels any previous written and oral agreement and/or communication relating to the subject matter of this EULA.
Severability
No delay or failure to exercise, on the part of either party, any privilege, power or rights under this EULA shall operate as a waiver of any of the terms and provisions of this EULA. Accordingly, no single or partial exercise of any right under this Agreement shall preclude further exercise of any other right under this EULA. Suppose any of the outlined provisions of this EULA is deemed to be unenforceable or invalid in whole or in part by a court of competent jurisdiction. In that case, such provision shall be limited to the minimum extent necessary for this EULA to remain in full force and effect and enforceable. The remaining provisions of this Agreement shall not be rendered unenforceable or invalid. They shall continue to be enforceable and valid in isolation of the unenforceable and invalid provisions of this EULA.
Warranty and Disclaimer
The Licensor, and developer of this Licensed Product, expressly disclaim any warranty for the Licensed Product. The Licensed Product and all applicable documentation is provided as-is, without warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Accordingly, the Licensee accepts any risk arising out of the use or performance of the Licensed Product.
Limited Liability
The Licensee agrees that the Licensor shall not be liable to the Licensee, or any other related person or entity claiming any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if the Licensor has been advised of the possibility of such damages. These limitations shall necessarily apply regardless of the primary purpose of any limited remedy.
Indemnification
You (the Licensee) hereby agree to indemnify and hold the Licensor harmless from and against all liabilities, damages, losses or expenses, including but not limited to reasonable attorney or other professional fees in any claim, demand, action or proceeding initiated by any third-party against the Licensor, arising from any of your acts, including without limitation, violating this EULA or any other agreement or any applicable law.
Entire Agreement
This Agreement rightly constitutes the entire understanding between the Licensor and the Licensee, and all parties involved. It supersedes all prior agreements of the parties, whether written or oral, express or implied, statement, condition, or a representation or warranty.
Changes to these Terms
Changes to these Terms
The Licensor may update these Terms from time to time. The Licensor will notify the Licensee of any changes by posting the new Terms of use on this page. Therefore, the Licensee shall carefully review these Terms after any update.
Notice
For further questions or suggestions about this End-User License Agreement, please do not hesitate to contact us at info@suliez.com .
Report abuse