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This End User License Agreement("Agreement") is a legal agreement between you (either an individual or a single entity) and Evidence Ventures, LLC. ("Company") for theMarketBuzz software application ("Software"), which includes computer software and associated media, printed materials, and online or electronic documentation.
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 of this Agreement, do not install or use the Software.
1. License Grant
The Company grants you a non-exclusive, non-transferable, limited license to use the Software solely in accordance with the terms of this Agreement. The Software is licensed, not sold, to you for use only under the terms of this Agreement.
2. Usage-Based Pricing
The Software is provided on a usage-basedpricing model. You agree to pay the applicable fees based on your usage of theSoftware, as detailed in the pricing information provided within the Clover AppMarket. The Company reserves the right to change the pricing and fees at anytime, with prior notice to you.
3. Restrictions
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, lend, or sublicense the Software.
4. Termination
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from the Company if you fail to comply with any term(s) of thisAgreement. Upon termination of this Agreement, you shall cease all use of theSoftware and destroy all copies, full or partial, of the Software.
5. Disclaimer of Warranties
The Software is provided "AS IS"and without warranty of any kind. The Company expressly disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
6. Limitation of Liability
In no event shall the Company be liable for any indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data, or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Software.
7. Intellectual Property
The Software and any copies that you are authorized to make are the intellectual property of and are owned by theCompany. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of the Company.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is located, without regard to its conflict of law provisions.
9. Entire Agreement
This Agreement constitutes the entire agreement between you and the Company and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by the Company.
By installing, copying, or otherwise using the Software, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.