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Definitions and key terms
To help explain things as clearly as possible in this Privacy Policy, every time any of these terms
are referenced, are strictly defined as:
• Cookie: small amount of data generated by a website and saved by your web browser. It
is used to identify your browser, provide analytics, remember information about you such
as your language preference or login information.
• Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to
_______________, _______________ that is responsible for your information under this
Privacy Policy.
• Country: where _______________ or the owners/founders of _______________ are
based, in this case is _______________.
• Customer: refers to the company, organization or person that signs up to use the
_______________ Service to manage the relationships with your consumers or service
users.
• Device: any internet connected device such as a phone, tablet, computer or any other
device that can be used to visit _______________ and use the services.
• IP address: Every device connected to the Internet is assigned a number known as an
Internet protocol (IP) address. These numbers are usually assigned in geographic blocks.
An IP address can often be used to identify the location from which a device is
connecting to the Internet.
• Personnel: refers to those individuals who are employed by _______________ or are
under contract to perform a service on behalf of one of the parties.
• Personal Data: any information that directly, indirectly, or in connection with other
information — including a personal identification number — allows for the identification
or identifiability of a natural person.
• Service: refers to the service provided by _______________ as described in the relative
terms (if available) and on this platform.
• Third-party service: refers to advertisers, contest sponsors, promotional and marketing
partners, and others who provide our content or whose products or services we think may
interest you.
• Website: _______________’s site, which can be accessed via this URL:
_______________
• You: a person or entity that is registered with _______________ to use the Services.
Introduction
This End User License Agreement (the “Agreement”) is a binding agreement between you (“End
User”, “you” or “your”) and
_______________ (“Company”, “we”, “us” or “our”). This Agreement governs the relationship
between you and us, and your use of the Company _______________. Throughout this
Agreement, End User and Company may each be referred to as a “Party” or collectively, the
“Parties”.
If you are using the _______________ on behalf of your employer or other entity (an
“Organisation”) for whose benefit you utilise the _______________ or who owns or otherwise
controls the means through which you utilise or access the _______________, then the terms
“End User”, “you”, and “your” shall apply collectively to you as an individual and to the
Organisation. If you use, or purchase a license or to, the _______________ on behalf of an
Organisation, you hereby acknowledge, warrant, and covenant that you have the authority to 1)
purchase a license to the _______________ on behalf of the Organisation; 2) bind the
Organisation to the terms of this Agreement.
By downloading, installing, accessing, or using the _______________ you: (a) affirm that you
have all of the necessary permissions and authorisations to access and use the
_______________; (b) if you are using the _______________ pursuant to a license purchased by
an organisation, that you are authorised by that organisation to access and use the
_______________; (c) acknowledge that you have read and that you understand this agreement;
(d) represent that you are of sound mind and of legal age (18 years of age or older) to enter into a
binding agreement; and (e) accept and agree to be legally bound by the terms and conditions of
this agreement.
If you do not agree to these terms, do not download, install, access, or use the software. If you
have already downloaded the software, delete it from your computing device.
The Application is licensed, not sold, to you by _______________ for use strictly in accordance
with the terms of this Agreement.
License
Subject to the terms of this Agreement and, if applicable, those terms provided in the License
Agreement, _______________ grants you a limited, non-exclusive, perpetual, revocable, and
non-transferable license to:
(a) download, install and use the Software on one (1) Computing Device per single user
license that you have purchased and been granted. If you have multiple Computer
Devices in which you wish to use the Software, you agree to acquire a license for the
number of devices you intend to use;
(b) access, view, and use on such Computing Device the End User Provided Materials made
available in or otherwise accessible through the Software, strictly in accordance with this
Agreement, and any other terms and conditions applicable to such End User Provided
Materials;
(c) install and use the trial version of the Software on any number of Computing Devices for
a trial period of fifteen (15) unique days after installation.
(d) receive updates and new features that become available during the one (1) year period
from the date on which you purchased the license to the Software.
Restrictions
You agree not to, and you will not permit others to:
• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or
otherwise commercially exploit the Application or make the Application available to any
third party.
• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse
engineer any part of the Application.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or
trademark) of _______________ or its affiliates, partners, suppliers or the licensors of the
Application.
Intellectual Property
All intellectual property rights, including copyrights, patents, patent disclosures and inventions
(whether patentable or not), trademarks service marks, trade secrets, know-how and other
confidential information, trade dress, trade names, logos, corporate names and domain names,
together with all of the good will associated there with, derivative works and all other rights
(collectively, “Intellectual Property Rights”) that are part of the Software that are otherwise
owned by _______________ shall always remain the exclusive property
of _______________ (or of its suppliers or licensors, if and when applicable). Nothing in this
Agreement grants you (or any Organisation) a license to _______________’s Intellectual
Property Rights.
You agree that this is Agreement conveys a limited license to use _______________’s
Intellectual Property Rights, solely as part of the Software (and not independently of it), and only
for the effective Term of the license granted to you hereunder. Accordingly, your use of any of
_______________’s Intellectual Property Rights independently of the Software or outside the
scope of this Agreement shall be considered an infringement of _______________’s Intellectual
Property Rights. This shall not limit, however, any claim _______________ may have for a
breach of contract in the event you breach a term or condition of this Agreement. You shall use
the highest standard of care to safeguard all Software (including all copies thereof) from
infringement, misappropriation, theft, misuse or unauthorised access. Except as expressly
granted in this Agreement, _______________ reserves and shall retain all rights, title, and
interest in the Software, including all copyrights and copyrightable subject matter, trademarks
and trademark able subject matter, patents and patentable subject matter, trade secrets, and other
intellectual property rights, registered, unregistered, granted, applied-for, or both now in
existence or that may be created, relating to the thereto.
You (or the Organisation, if and as applicable) shall retain ownership of all Intellectual Property
Rights in and to the work products that you create through or with the assistance of the Software.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions")
provided by you to _______________ with respect to the Application shall remain the sole and
exclusive property of _______________.
_______________ shall be free to use, copy, modify, publish, or redistribute the Suggestions for
any purpose and in any way without any credit or any compensation to you.
Modifications to Application
_______________ reserves the right to modify, suspend or discontinue, temporarily or
permanently, the Application or any service to which it connects, with or without notice and
without liability to you.
Updates to Application
_______________ may from time to time provide enhancements or improvements to the
features/functionality of the Application, which may include patches, bug fixes, updates,
upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You
agree that _______________ has no obligation to (i) provide any Updates, or (ii) continue to
provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the
Application, and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
The Application may display, include or make available third-party content (including data,
information, applications and other products services) or provide links to third-party websites or
services ("Third-Party Services").
You acknowledge and agree that _______________ shall not be responsible for any Third-Party
Services, including their accuracy, completeness, timeliness, validity, copyright compliance,
legality, decency, quality or any other aspect thereof. _______________ does not assume and
shall not have any liability or responsibility to you or any other person or entity for any Third-
Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you
access and use them entirely at your own risk and subject to such third parties' terms and
conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or _______________.
_______________ may, in its sole discretion, at any time and for any or no reason, suspend or
terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from _______________, in the
event that you fail to comply with any provision of this Agreement. You may also terminate this
Agreement by deleting the Application and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all
copies of the Application from your computer.
Termination of this Agreement will not limit any of _______________’s rights or remedies at
law or in equity in case of breach by you (during the term of this Agreement) of any of your
obligations under the present Agreement.
Indemnification
You agree to indemnify, defend and hold harmless _______________ and its officers, directors,
employees, agents, affiliates, successors, and assigns from and against any and all losses,
damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards,
penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising
from or relating to: i) your use or misuse of the Software; ii) your failure to comply with any
applicable law, regulation, or government directive; iii) your breach of this Agreement; or iv)
your agreement or relationship with an Organisation (if applicable) or any third party.
Furthermore, you agree that _______________ assumes no responsibility for the information or
content you submit or make available through this Software or the content that is made available
to you by third parties.
No Warranties
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and
defects without warranty of any kind. To the maximum extent permitted under applicable law,
_______________, on its own behalf and on behalf of its affiliates and its and their respective
licensors and service providers, expressly disclaims all warranties, whether express, implied,
statutory or otherwise, with respect to the Application, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement, and warranties that
may arise out of course of dealing, course of performance, usage or trade practice. Without
limitation to the foregoing, _______________ provides no warranty or undertaking, and makes
no representation of any kind that the Application will meet your requirements, achieve any
intended results, be compatible or work with any other software, applications, systems or
services, operate without interruption, meet any performance or reliability standards or be error
free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither _______________ nor any _______________’s provider
makes any representation or warranty of any kind, express or implied: (i) as to the operation or
availability of the Application, or the information, content, and materials or products included
thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy,
reliability, or currency of any information or content provided through the Application; or (iv)
that the Application, its servers, the content, or e-mails sent from or on behalf of
_______________ are free of viruses, scripts, trojan horses, worms, malware, time bombs or
other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the
limitations on the applicable statutory rights of a consumer, so some or all of the above
exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of _______________ and
any of its suppliers under any provision of this Agreement and your exclusive remedy for all of
the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall _______________ or its
suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever
(including, but not limited to, damages for loss of profits, for loss of data or other information,
for business interruption, for personal injury, for loss of privacy arising out of or in any way
related to the use of or inability to use the Application, third-party software and/or third-party
hardware used with the Application, or otherwise in connection with any provision of this
Agreement), even if _______________ or any supplier has been advised of the possibility of
such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of such provision to the greatest extent
possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any
power under this Agreement shall operate as a waiver of that right or power. Nor shall any single
or partial exercise of any right or power under this Agreement preclude further exercise of that or
any other right granted herein. In the event of a conflict between this Agreement and any
applicable purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
_______________ reserves the right, at its sole discretion, to modify or replace this Agreement
at any time. If a revision is material we will provide at least 30 days' notice prior to any new
terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to
be bound by the revised terms. If you do not agree to the new terms, you are no longer
authorized to use the Application.
Governing Law
The laws of _______________, excluding its conflicts of law rules, shall govern this Agreement
and your use of the Application. Your use of the Application may also be subject to other local,
state, national, or international laws.
Changes to this agreement
We reserve the exclusive right to make changes to this Agreement from time to time. Your
continued access to and use of the _______________ constitutes your agreement to be bound by,
and your acceptance of, the terms and conditions posted at such time. You acknowledge and
agree that you accept this Agreement (and any amendments thereto) each time you load, access,
or use the _______________. Therefore, we encourage you to review this Agreement regularly.
If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide
that you do not agree to the updated terms, you may withdraw your acceptance to the amended
terms by providing us with written notice of your withdrawal. Upon providing us with the
written notice of the withdrawal of your acceptance, you are no longer authorised to access or
use the _______________.
No Employment or Agency Relationship
No provision of this Agreement, or any part of relationship between you and _______________,
is intended to create nor shall they be deemed or construed to create any relationship between
you and _______________ other than that of an end user of the _______________ and services
provided.
Equitable Relief
You acknowledge and agree that your breach of this Agreement would cause _______________
irreparable harm for which money damages alone would be inadequate. In addition to damages
and any other remedies to which _______________ may be entitled, you acknowledge and agree
that we may seek injunctive relief to prevent the actual, threatened or continued breach of this
Agreement.
Headings
The headings in this Agreement are for reference only and shall not limit the scope of, or
otherwise affect, the interpretation of this Agreement.
Geographic Restrictions
The Company is based in _______________ and provided for access and use primarily by
persons located in _______________, and is maintains compliance with _______________ laws
and regulations. If you use the _______________ from outside _______________, you are
solely and exclusively responsible for compliance with local laws.
Limitation of Time to File Claims
Any cause of action or claim you may have arising out of or relating to this agreement or the
_______________ must be commenced within one (1) year after the cause of action accrues,
otherwise, such cause of action or claim is permanently barred.
Entire Agreement
The Agreement constitutes the entire agreement between you and _______________ regarding
your use of the Application and supersedes all prior and contemporaneous written or oral
agreements between you and _______________.
You may be subject to additional terms and conditions that apply when you use or purchase other
_______________’s services, which _______________ will provide to you at the time of such
use or purchase
To help explain things as clearly as possible in this Privacy Policy, every time any of these terms
are referenced, are strictly defined as:
• Cookie: small amount of data generated by a website and saved by your web browser. It
is used to identify your browser, provide analytics, remember information about you such
as your language preference or login information.
• Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to
_______________, _______________ that is responsible for your information under this
Privacy Policy.
• Country: where _______________ or the owners/founders of _______________ are
based, in this case is _______________.
• Customer: refers to the company, organization or person that signs up to use the
_______________ Service to manage the relationships with your consumers or service
users.
• Device: any internet connected device such as a phone, tablet, computer or any other
device that can be used to visit _______________ and use the services.
• IP address: Every device connected to the Internet is assigned a number known as an
Internet protocol (IP) address. These numbers are usually assigned in geographic blocks.
An IP address can often be used to identify the location from which a device is
connecting to the Internet.
• Personnel: refers to those individuals who are employed by _______________ or are
under contract to perform a service on behalf of one of the parties.
• Personal Data: any information that directly, indirectly, or in connection with other
information — including a personal identification number — allows for the identification
or identifiability of a natural person.
• Service: refers to the service provided by _______________ as described in the relative
terms (if available) and on this platform.
• Third-party service: refers to advertisers, contest sponsors, promotional and marketing
partners, and others who provide our content or whose products or services we think may
interest you.
• Website: _______________’s site, which can be accessed via this URL:
_______________
• You: a person or entity that is registered with _______________ to use the Services.
Introduction
This End User License Agreement (the “Agreement”) is a binding agreement between you (“End
User”, “you” or “your”) and
_______________ (“Company”, “we”, “us” or “our”). This Agreement governs the relationship
between you and us, and your use of the Company _______________. Throughout this
Agreement, End User and Company may each be referred to as a “Party” or collectively, the
“Parties”.
If you are using the _______________ on behalf of your employer or other entity (an
“Organisation”) for whose benefit you utilise the _______________ or who owns or otherwise
controls the means through which you utilise or access the _______________, then the terms
“End User”, “you”, and “your” shall apply collectively to you as an individual and to the
Organisation. If you use, or purchase a license or to, the _______________ on behalf of an
Organisation, you hereby acknowledge, warrant, and covenant that you have the authority to 1)
purchase a license to the _______________ on behalf of the Organisation; 2) bind the
Organisation to the terms of this Agreement.
By downloading, installing, accessing, or using the _______________ you: (a) affirm that you
have all of the necessary permissions and authorisations to access and use the
_______________; (b) if you are using the _______________ pursuant to a license purchased by
an organisation, that you are authorised by that organisation to access and use the
_______________; (c) acknowledge that you have read and that you understand this agreement;
(d) represent that you are of sound mind and of legal age (18 years of age or older) to enter into a
binding agreement; and (e) accept and agree to be legally bound by the terms and conditions of
this agreement.
If you do not agree to these terms, do not download, install, access, or use the software. If you
have already downloaded the software, delete it from your computing device.
The Application is licensed, not sold, to you by _______________ for use strictly in accordance
with the terms of this Agreement.
License
Subject to the terms of this Agreement and, if applicable, those terms provided in the License
Agreement, _______________ grants you a limited, non-exclusive, perpetual, revocable, and
non-transferable license to:
(a) download, install and use the Software on one (1) Computing Device per single user
license that you have purchased and been granted. If you have multiple Computer
Devices in which you wish to use the Software, you agree to acquire a license for the
number of devices you intend to use;
(b) access, view, and use on such Computing Device the End User Provided Materials made
available in or otherwise accessible through the Software, strictly in accordance with this
Agreement, and any other terms and conditions applicable to such End User Provided
Materials;
(c) install and use the trial version of the Software on any number of Computing Devices for
a trial period of fifteen (15) unique days after installation.
(d) receive updates and new features that become available during the one (1) year period
from the date on which you purchased the license to the Software.
Restrictions
You agree not to, and you will not permit others to:
• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or
otherwise commercially exploit the Application or make the Application available to any
third party.
• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse
engineer any part of the Application.
• Remove, alter or obscure any proprietary notice (including any notice of copyright or
trademark) of _______________ or its affiliates, partners, suppliers or the licensors of the
Application.
Intellectual Property
All intellectual property rights, including copyrights, patents, patent disclosures and inventions
(whether patentable or not), trademarks service marks, trade secrets, know-how and other
confidential information, trade dress, trade names, logos, corporate names and domain names,
together with all of the good will associated there with, derivative works and all other rights
(collectively, “Intellectual Property Rights”) that are part of the Software that are otherwise
owned by _______________ shall always remain the exclusive property
of _______________ (or of its suppliers or licensors, if and when applicable). Nothing in this
Agreement grants you (or any Organisation) a license to _______________’s Intellectual
Property Rights.
You agree that this is Agreement conveys a limited license to use _______________’s
Intellectual Property Rights, solely as part of the Software (and not independently of it), and only
for the effective Term of the license granted to you hereunder. Accordingly, your use of any of
_______________’s Intellectual Property Rights independently of the Software or outside the
scope of this Agreement shall be considered an infringement of _______________’s Intellectual
Property Rights. This shall not limit, however, any claim _______________ may have for a
breach of contract in the event you breach a term or condition of this Agreement. You shall use
the highest standard of care to safeguard all Software (including all copies thereof) from
infringement, misappropriation, theft, misuse or unauthorised access. Except as expressly
granted in this Agreement, _______________ reserves and shall retain all rights, title, and
interest in the Software, including all copyrights and copyrightable subject matter, trademarks
and trademark able subject matter, patents and patentable subject matter, trade secrets, and other
intellectual property rights, registered, unregistered, granted, applied-for, or both now in
existence or that may be created, relating to the thereto.
You (or the Organisation, if and as applicable) shall retain ownership of all Intellectual Property
Rights in and to the work products that you create through or with the assistance of the Software.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions")
provided by you to _______________ with respect to the Application shall remain the sole and
exclusive property of _______________.
_______________ shall be free to use, copy, modify, publish, or redistribute the Suggestions for
any purpose and in any way without any credit or any compensation to you.
Modifications to Application
_______________ reserves the right to modify, suspend or discontinue, temporarily or
permanently, the Application or any service to which it connects, with or without notice and
without liability to you.
Updates to Application
_______________ may from time to time provide enhancements or improvements to the
features/functionality of the Application, which may include patches, bug fixes, updates,
upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Application. You
agree that _______________ has no obligation to (i) provide any Updates, or (ii) continue to
provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the
Application, and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
The Application may display, include or make available third-party content (including data,
information, applications and other products services) or provide links to third-party websites or
services ("Third-Party Services").
You acknowledge and agree that _______________ shall not be responsible for any Third-Party
Services, including their accuracy, completeness, timeliness, validity, copyright compliance,
legality, decency, quality or any other aspect thereof. _______________ does not assume and
shall not have any liability or responsibility to you or any other person or entity for any Third-
Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you
access and use them entirely at your own risk and subject to such third parties' terms and
conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or _______________.
_______________ may, in its sole discretion, at any time and for any or no reason, suspend or
terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from _______________, in the
event that you fail to comply with any provision of this Agreement. You may also terminate this
Agreement by deleting the Application and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all
copies of the Application from your computer.
Termination of this Agreement will not limit any of _______________’s rights or remedies at
law or in equity in case of breach by you (during the term of this Agreement) of any of your
obligations under the present Agreement.
Indemnification
You agree to indemnify, defend and hold harmless _______________ and its officers, directors,
employees, agents, affiliates, successors, and assigns from and against any and all losses,
damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards,
penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising
from or relating to: i) your use or misuse of the Software; ii) your failure to comply with any
applicable law, regulation, or government directive; iii) your breach of this Agreement; or iv)
your agreement or relationship with an Organisation (if applicable) or any third party.
Furthermore, you agree that _______________ assumes no responsibility for the information or
content you submit or make available through this Software or the content that is made available
to you by third parties.
No Warranties
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and
defects without warranty of any kind. To the maximum extent permitted under applicable law,
_______________, on its own behalf and on behalf of its affiliates and its and their respective
licensors and service providers, expressly disclaims all warranties, whether express, implied,
statutory or otherwise, with respect to the Application, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement, and warranties that
may arise out of course of dealing, course of performance, usage or trade practice. Without
limitation to the foregoing, _______________ provides no warranty or undertaking, and makes
no representation of any kind that the Application will meet your requirements, achieve any
intended results, be compatible or work with any other software, applications, systems or
services, operate without interruption, meet any performance or reliability standards or be error
free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither _______________ nor any _______________’s provider
makes any representation or warranty of any kind, express or implied: (i) as to the operation or
availability of the Application, or the information, content, and materials or products included
thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy,
reliability, or currency of any information or content provided through the Application; or (iv)
that the Application, its servers, the content, or e-mails sent from or on behalf of
_______________ are free of viruses, scripts, trojan horses, worms, malware, time bombs or
other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the
limitations on the applicable statutory rights of a consumer, so some or all of the above
exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of _______________ and
any of its suppliers under any provision of this Agreement and your exclusive remedy for all of
the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall _______________ or its
suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever
(including, but not limited to, damages for loss of profits, for loss of data or other information,
for business interruption, for personal injury, for loss of privacy arising out of or in any way
related to the use of or inability to use the Application, third-party software and/or third-party
hardware used with the Application, or otherwise in connection with any provision of this
Agreement), even if _______________ or any supplier has been advised of the possibility of
such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of such provision to the greatest extent
possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any
power under this Agreement shall operate as a waiver of that right or power. Nor shall any single
or partial exercise of any right or power under this Agreement preclude further exercise of that or
any other right granted herein. In the event of a conflict between this Agreement and any
applicable purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
_______________ reserves the right, at its sole discretion, to modify or replace this Agreement
at any time. If a revision is material we will provide at least 30 days' notice prior to any new
terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to
be bound by the revised terms. If you do not agree to the new terms, you are no longer
authorized to use the Application.
Governing Law
The laws of _______________, excluding its conflicts of law rules, shall govern this Agreement
and your use of the Application. Your use of the Application may also be subject to other local,
state, national, or international laws.
Changes to this agreement
We reserve the exclusive right to make changes to this Agreement from time to time. Your
continued access to and use of the _______________ constitutes your agreement to be bound by,
and your acceptance of, the terms and conditions posted at such time. You acknowledge and
agree that you accept this Agreement (and any amendments thereto) each time you load, access,
or use the _______________. Therefore, we encourage you to review this Agreement regularly.
If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide
that you do not agree to the updated terms, you may withdraw your acceptance to the amended
terms by providing us with written notice of your withdrawal. Upon providing us with the
written notice of the withdrawal of your acceptance, you are no longer authorised to access or
use the _______________.
No Employment or Agency Relationship
No provision of this Agreement, or any part of relationship between you and _______________,
is intended to create nor shall they be deemed or construed to create any relationship between
you and _______________ other than that of an end user of the _______________ and services
provided.
Equitable Relief
You acknowledge and agree that your breach of this Agreement would cause _______________
irreparable harm for which money damages alone would be inadequate. In addition to damages
and any other remedies to which _______________ may be entitled, you acknowledge and agree
that we may seek injunctive relief to prevent the actual, threatened or continued breach of this
Agreement.
Headings
The headings in this Agreement are for reference only and shall not limit the scope of, or
otherwise affect, the interpretation of this Agreement.
Geographic Restrictions
The Company is based in _______________ and provided for access and use primarily by
persons located in _______________, and is maintains compliance with _______________ laws
and regulations. If you use the _______________ from outside _______________, you are
solely and exclusively responsible for compliance with local laws.
Limitation of Time to File Claims
Any cause of action or claim you may have arising out of or relating to this agreement or the
_______________ must be commenced within one (1) year after the cause of action accrues,
otherwise, such cause of action or claim is permanently barred.
Entire Agreement
The Agreement constitutes the entire agreement between you and _______________ regarding
your use of the Application and supersedes all prior and contemporaneous written or oral
agreements between you and _______________.
You may be subject to additional terms and conditions that apply when you use or purchase other
_______________’s services, which _______________ will provide to you at the time of such
use or purchase