End User License Agreement
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You must agree to all of the terms and conditions contained in this software license (“Software License”) to become a user, which in turn will permit you to access and use the puttoo software developed, created and owned by puttoo Ltd (“puttoo”), and the content contained therein (“puttoo Software”). This Software License must be read in conjunction with our Terms and Conditions of Use.
Your registration data and certain other information about you are subject to our Privacy Policy.
puttoo reserves the right to update and change, from time to time, this Software License and all documents incorporated by reference. You can always find the most recent version of this Software License here. puttoo may change this Software License by posting a new version without notice to you. Use of the puttoo Software after such change constitutes acceptance of such changes.
1. Licensed Uses and Restrictions
By accepting the terms of this Software License, you represent to puttoo and its affiliates (collectively, “puttoo”) that you are at least 18 years old. The puttoo Software application and documentation are owned by puttoo, or puttoo’s licensors and content and data providers (“puttoo Licensors”), and are licensed to you on a worldwide (except as limited below), non-exclusive, personal, nonsub-licenseable basis on the terms and conditions set forth herein. This Software License defines legal use of the puttoo Software, all updates, revisions, substitutions, and any copies of the puttoo Software made by or for you. All rights not expressly granted to you are reserved by puttoo or their respective owners.
a. YOU MAY NOT:
(i) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the Australian and U.S. copyright legislation) or improvements (as defined by Australian and U.S. patent legislation) from the puttoo Software or any portion thereof;
(ii) incorporate the puttoo Software into any computer chip or the firmware of a computing device manufactured by or for you;
(iii) use the puttoo Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Software License;
(iv) use the puttoo Software for anything other than assisting with designing and creating web forms. You understand that the puttoo Software is not designed for any other purpose other than for designing and creating web forms;
(v) use or export the puttoo Software in violation of applicable export laws or regulations; or
(vi) sell, lease, loan, distribute, transfer, or sublicense the puttoo Software or access thereto or derive income from the use or provision of the puttoo Software, whether for direct commercial or monetary gain or otherwise, without puttoo’s prior, express, written permission.
2. Ownership and Relationship of Parties
The puttoo Software is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of Australia, the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this Software License. puttoo and puttoo Licensors own all rights, title, and interest in and to their applicable contributions to the puttoo Software. This Software License grants you no right, title, or interest in any intellectual property owned or licensed by puttoo, including (but not limited to) the puttoo Software and puttoo trademarks, and creates no relationship between yourself and puttoo Licensors, or between you and puttoo other than that of puttoo to licensee.
The puttoo Software and its components contain software licensed from puttoo Licensors ("Licensor Software"). The Licensor Software enables the puttoo Software to perform certain functions including, without limitation, access proprietary data on third-party data servers. You agree that you will use the puttoo Software, and any data accessed through the puttoo Software, in accordance with the subscription plan option signed up for. Do not pass your registration key on to anyone outside of your organization. You agree not to assign, copy, transfer, or transmit the puttoo Software, or any data obtained through the puttoo Software, to any third party. Your license to use the puttoo Software, its components, and any third-party data, will terminate if you violate these restrictions. If your license terminates, you agree to cease any and all use of the puttoo Software, its components, and any third-party data. All rights in any third-party data, any third-party software, and any third-party data servers, including all ownership rights are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Software License against you directly in their own name.
3. Support and Software Updates
puttoo may elect to provide you with customer support and/or software upgrades, enhancements, or modifications for the puttoo Software (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. puttoo may change, suspend, or discontinue any aspect of the puttoo Software at any time, including the availability of any puttoo Software special feature, database, or content. puttoo may also impose limits on certain features and services or restrict your access to parts or all of puttoo Software or the puttoo web site without notice or liability.
4. Fees and Payments
puttoo reserves the right to charge fees for future use of or access to the puttoo Software or the puttoo services and web sites (collectively, "puttoo Software Services") in puttoo’s sole discretion. If puttoo decides to charge for the puttoo Software Services, such charges will be disclosed to you prior to you using or accessing the puttoo Software Services.
5. Disclaimer of Warranties by puttoo
USE OF THE PUTTOO SOFTWARE AND ANY DATA ACCESSED THROUGH THE PUTTOO SOFTWARE IS AT YOUR SOLE RISK. THEY ARE PROVIDED "AS IS."
ANY MATERIAL OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PUTTOO SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH MATERIAL OR SERVICE.
PUTTOO, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND ASSIGNS (COLLECTIVELY, "PUTTOO ENTITIES") AND PUTTOO LICENSORS DO NOT REPRESENT THAT THE PUTTOO SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE FOR ANY SPECIFIC FUNCTION OR PURPOSE.
THE PUTTOO ENTITIES AND PUTTOO LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PUTTOO SOFTWARE AND ANY DATA ACCESSED THEREFROM, OR THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE PUTTOO SOFTWARE AND ANY DATA ACCESSED THEREFROM, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IF THE PUTTOO SOFTWARE OR ANY DATA ACCESSED THEREFROM PROVES DEFECTIVE, YOU (AND NOT THE PUTTOO ENTITIES OR THE PUTTOO LICENSORS) ASSUME THE ENTIRE COST OF ALL REPAIR OR INJURY OF ANY KIND, EVEN IF THE PUTTOO ENTITIES OR PUTTOO LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH A DEFECT OR DAMAGES. SOME JURISDICTIONS DO NOT ALLOW RESTRICTIONS ON IMPLIED WARRANTIES SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability
THE PUTTOO ENTITIES AND PUTTOO LICENSORS WILL NOT BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE PUTTOO SOFTWARE BY YOURSELF OR BY THIRD PARTIES, WHETHER SUCH CLAIMS AND LIABILITIES ARE BASED ON ANY LEGAL OR EQUITABLE THEORY.
THE PUTTOO ENTITIES AND PUTTOO LICENSORS ARE NOT LIABLE TO YOU FOR ANY AND ALL DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO ANY THIRD-PARTY SOFTWARE, ANY DATA ACCESSED THROUGH THE PUTTOO SOFTWARE, YOUR USE OR INABILITY TO USE OR ACCESS THE PUTTOO SOFTWARE, OR ANY DATA PROVIDED THROUGH THE PUTTOO SOFTWARE, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY. DAMAGES EXCLUDED BY THIS CLAUSE INCLUDE, WITHOUT LIMITATION, THOSE FOR LOSS OF BUSINESS PROFITS, INJURY TO PERSON OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY TO YOU.
INFORMATION PROVIDED THROUGH THE PUTTOO SOFTWARE MAY BE DELAYED, INACCURATE, OR CONTAIN ERRORS OR OMISSIONS, AND THE PUTTOO ENTITIES AND PUTTOO LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. PUTTOO MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE PUTTOO SOFTWARE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE PUTTOO SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU, INCLUDING, BUT NOT LIMITED TO, CONTENT, HOURS OF AVAILABILITY.
7. Indemnification
You agree to indemnify and hold the puttoo Entities harmless from any claim or demand, including reasonable legal court fees, attorneys’ and/or solicitors fees, made by any third party in connection with or arising out of your use of the puttoo Software, your violation of any terms or conditions of this Software License, your violation of applicable laws, or your violation of any rights of another person or entity.
8. Governing Law
This Software License and the relationship between you and puttoo is governed by the laws of the State of Victoria, Australia without regard to its conflict of law provisions. You and puttoo agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria, Australia, and all those courts to which a rightful appeal may be made. You waive your right to claim such a jurisdiction to an incorrect jurisdiction and/or inconvenient for purposes of hearing a dispute, dispute resolution and/or giving effect to the terms of this Software License.
9. No General Waiver; Severability
The failure of puttoo to exercise or enforce any right or provision of this Software License shall not constitute a waiver of such right or provision. If any provision of this Software License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Software License remain in full force and effect.
10. Complete Agreement; Variation
This Software License constitutes the entire understanding and legally binding agreement between the parties respecting use of the puttoo Software, superseding all prior agreements between you and puttoo. puttoo may vary the terms of this Software License in its sole, and absolute discretion. No amendment to or modification of this Software License will be binding unless in writing and signed by a duly authorized representative of puttoo. Your conduct, will under no circumstances, alter or modify the binding terms and nature of this Software License.
11. Surviving Provisions
Sections 2, and 4 through 11, will survive any termination of this Agreement.