TRIAL END-USER LICENSE AGREEMENT (EULA)
1. OVERVIEW
This Trial END-USER LICENSE AGREEMENT agreement is a binding agreement, entered into by and between DataFinz Inc and you, and is made effective as of the date you subscribed to use the software DataFinz ("Software") till the Trial period.
This EULA agreement sets forth the general terms and conditions of your use of the Software, provides a license to use DataFinz Software, and contains liability disclaimers. This EULA agreement’s terms also apply to any Software update, upgrade, internet-based service, and support service for the Software.
The terms "we", "us" or "our" shall refer to DataFinz Inc. The terms "you", "your", or "User" shall refer to any individual or entity who accepts this EULA agreement, uses our Software, or has access to our Software. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
DataFinz Inc may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting. Your use of this Software after such changes or modifications have been made shall constitute your acceptance of this EULA agreement as last revised.
BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ AND BOUND TO THIS AGREEMENT.
2. LICENSE GRANT
Subject to the terms of this EULA Agreement DataFinz Inc hereby grants you a personal, revocable, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the DataFinz Software on your own non-commercial use devices in accordance with the terms of this EULA agreement. The Software is being licensed to You and You hereby acknowledge that no title or ownership of the Software is being transferred or assigned to You and this EULA agreement is not to be construed as a sale of any rights of the Software.
3. RESTRICTIONS
Without first obtaining the express written consent of DataFinz Inc, you may not assign your rights and obligations under this EULA agreement, or redistribute, encumber, sell, rent, lease, sublicense or in other way transfer your rights to the Software.
Trial license is RESTRICTED to EVALUATION PURPOSES and not to be utilized for production runs.
You are not permitted to:
- edit, modify, alter, adapt, or otherwise change the whole or any part of the DataFinz > software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any of the listed actions,
- copy, reproduce, duplicate, resell or distribute in any medium any part of the Software, except where expressly authorized by DataFinz,
- remove or alter DataFinz trademarks or logos or legal notices included in the Software or related assets,
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Software,
- use the service to try to gain unauthorized access to any service, data, account or network by any means,
- use the Software in any way which breaches any applicable local, national or international law,
- use the Software for any purpose that DataFinz, considers is a breach of this EULA agreement.
DataFinz reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the terms of this EULA agreement.
By using our Software you acknowledge and agree that your use of the Software, including any content you submit, will comply with this EULA agreement and all applicable local, state, national and international laws, rules and regulations.
4. INTELLECTUAL PROPERTY
No part of this EULA agreement is or should be interpreted as a transfer of intellectual property rights. DataFinz shall retain ownership of the Software. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of DataFinz Inc.
In addition to the general rules above, the provisions in this Section apply specifically to your use of the content used in a Software. The content used in this Software, including without limitation the text, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein, are owned by or licensed to DataFinz in perpetuity, and are subject to copyright, trademark, and/or patent protection.
DataFinz content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of DataFinz Inc. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this EULA agreement.
5. COLLECTION AND USE OF YOUR INFORMATION
You acknowledge that when you subscribe for Trial, we collect your details to communicate with you about our products, services, offers and events conducted by us. All information we collect through or in connection with this Software is subject to our
Privacy policy. By using, and providing information to or through this Software, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
6. UPDATES
DataFinz may from time to time in its sole discretion develop and provide Software updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that DataFinz has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
You further agree that all Updates will be deemed part of the Software and be subject to all terms and conditions of this Agreement.
7. THIRD-PARTY MATERIALS
The Software may display, include, or make available third-party content (including data, information, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that DataFinz is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. DataFinz does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials 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.
8. AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Software on 24/7 basis. You acknowledge and agree that from time to time this Software may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the availability of this Software on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
9. TERMINATION
This EULA agreement is effective from the date you subscribed to Trial account and shall continue until terminated. You may terminate this Agreement by cancelling your account online or send an email to support@datafinz.com with the cancellation note.
This EULA agreement will also be terminated immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
10. CONTACT INFORMATION
If you have any questions about this Trial EULA agreement, please contact us by email :
DataFinz Inc
support@datafinz.com