You should read this End User License Agreement (the “Agreement” or the “EULA”) carefully before starting any activity relates to our product, it’s any service or part. By downloading, installing, using or accessing the product, you are agreeing to follow all the terms and conditions of this Agreement.
If you do not agree with the terms and conditions of this Agreement, you are not granted permission to use the Software.
This EULA creates a legal agreement between you (“you”, “your” or “User”) and Arkuda Digital LLC (“we”, “us” or “our”), regarding the Software that you about to download, downloaded, or otherwise obtained through website(s) or other resources or media including without limitation though a network in object code or setup form via websites, file sharing networks, compact disks, file archives, FTP servers or other related services, including without limitation (a) all of the contents of the files in any media with which this Agreement is provided (the “Software
“), (b) all successor upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Software, if any, including new builds of the same version or release, licensed to you by us (collectively, the “Updates
“), and (c) related user documentation and explanatory materials or files provided in written, “online” or electronic form (the “Documentation
” and together with the Software, the “Product
“). This Agreement governs your use of our all products either Trial, Pro/Full, or Promo versions including any associated updates, supplements, enhancements and/or upgrades, media, materials and electronic documentation.
- License Grant
We grant you a revocable, non-exclusive, non-transferable, non-assignable and limited license to use the Software in accordance with the terms and conditions of this EULA. We only authorize you as single person or entity to use this Software on single account or device except special conditions when we may grant multiple usages of Software. You are not allowed to use the Software on multiple devices at same time. You can use this Software only as client Software and the ownership of its source code, design or models is subjected to us. We shall have the right to audit your use to verify compliance with the license terms. You agree to cooperate with our audit and provide reasonable assistance and access to information. There is no any other license granted except written in this Agreement
- Intellectual Property Rights
All the contents related to the software (including but not limited to trademarks, logos, codes, text, functions, models, designs, images and other materials) are owned by us and protected by copyright laws. All rights, title and interest worldwide, including all associated intellectual property rights in and to the Software are owned by us.
- License Limitations
Your license is subject to certain limitations. Specifically, you agree not to;
- remove, obscure, make illegible or alter any notices or indications of our intellectual property rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials;
- assign, sublicense, sell, re-sell, transfer, rent, lease or otherwise distribute or provide access to the services including, without limitation, offering the services to third parties on an application service provider, hosted, service bureau, outsourcing or time-sharing basis;
- undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software or any part thereof;
- disable any functionality which limits the use of Software services;
- use or exploit any portion of the Software to provide any commercial services to third parties; or
- use the Software in any manner which, in our sole discretion, interferes with its ability to offer its services.
- Prohibited Transfer
You are not authorized to redistribute this license. The license is granted only to use the Software within the limitations. You are not permitted to transfer, copy, lend, sell, lease, rent or reproduce the license, except authorized and permitted by us in writing.
- Trial Version:
We may offer the trial version of the Software which are solely launched and licensed to evaluate the functionality of the product. You can experience the functionality and integrity with devices by using the trial version. Trial version based products are only allowed to use within the limited period and at the end of the trial period, you will not be able to use the Software without purchasing and license may be expired automatically when its trial period expires. If you are using the trial version and suddenly trial period expires, we will not be responsible in this condition, for any loss of procedures, data or damages. You should have to look at the trial period regularly and we may indicate you before the expiry date of trial period with notifications or emails.
- Representations Concerning Age
You represent and warrant that you are at least thirteen (13) years old. Children under the age of thirteen (13) are not permitted to use our platform. If you reside in a jurisdiction which restricts the use of Software according to age, or which restricts the ability to enter into agreements such as this EULA according to age and you are under such age limit, you may not enter into this EULA or use the Software. By entering into this EULA, you represent that you have verified in your own jurisdiction that your use is permitted by law.
- Third-Party Services
The Software 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 we 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. We do 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.
By using and accessing the Software, you agree to the collection, retention, processing, and use of your information such as name, telephone number, e-mail address, location, etc. which can be used to uniquely identify for the purpose of the services. We collect your information to provide you with the best customer experience possible. We intended to protect your information from being intercepted, accessed, used, or disclosed by unauthorized persons. Your information may also be accessible to the third parties during the usage of Software, but within limitations and we will not transfer or submit your personal information to third parties such as your username or password. We will not be responsible if your confidential information becomes accessible to third parties that you transfer directly to the third parties during the usage of Software. We will not be liable if your data, process, documents, etc. partly or fully distorted or lost and it is your own discretion to prevent access to your device for any misuse.
- Term &Termination
- This Agreement shall remain in effect until terminated by you or us.
- We may, in our sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
- This Agreement will be terminated immediately, without prior notice from us, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Software and all copies thereof from your electronic devices.
- Upon termination of this Agreement, you shall cease all use of the Software and delete all copies of the Software from your devices.
- Termination of this Agreement will not limit any of our 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.
- Entire Agreement
The Agreement constitutes the entire agreement between you and us regarding your use of the Software and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase our other services, which we will provide to you at the time of such use or purchase.
- Prohibited Behavior
You agree to use the Software solely for your own lawful personal or business needs. You are responsible for all content, including photographs, images, video and audio content that you transmit, disclose, disseminate or otherwise distribute, or content that you elicit and/or collect and/or store using the Software (collectively, “User Content”) and you shall not take any unlawful or improper actions with respect to such User Content in our violation or any third parties’ rights or applicable laws. You agree not to use the Software to engage in any of the Prohibited Behavior. The content transmitted or distributed through the Software may not be appropriate or satisfactory for your use, and you should verify all content before relying on it.
To protect your personal information, access to the Software requires submission of login and password information to create a user Account (if any). The login and password are for your personal use only and are not transferable. You may not share your login or password with any other individual. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify us in the event that: (i) your password is lost or stolen; or (ii) you become aware of any unauthorized use of your password or of any other breach of security related to the Software. We are not responsible for any loss or damage arising from your failure to comply with the provisions of this section.
- Governing Law
The laws of state Delaware USA, excluding its conflicts of law rules, shall govern this Agreement and your use of the Software. Your use of the Software may also be subject to federal laws, copyright laws, intellectual property laws and international laws.
Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
- Dispute Resolution
User shall first contact with us regarding any claim or controversy arising out of or relating to this EULA, or any breach thereof. In the event such claim or controversy cannot be resolved informally, User and we agree to try in good faith to settle the dispute by mediation under the Arbitration Laws, before resorting to arbitration. Any claim or controversy arising out of or relating to this EULA, or any breach thereof, except such claims or controversies for which injunctive relief is available, that cannot be resolved by mediation within 30 days shall be finally settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules including the Supplementary Procedures for Consumer-Related Disputes and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- Liabilities Disclaimer
NEITHER WE NOR ANY OF OUR LICENSORS, AGENTS OR CONTRACTORS IN CONNECTION WITH THE SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF DATA, INTERRUPTION, DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SOFTWARE IS TO DE-INSTALL AND CEASE TO USE THE SOFTWARE. YOU MAY USE THE SOFTWARE WITHIN THE LIMITATIONS OF YOUR DEVICE SPECIFICATIONS. WE WILL NOT BE LIABLE IF THE SOFTWARE CAUSES HW PROBLEMS LIKE DEGREDATION, HEATING, PARTLY OF FULLY DAMAGE (AND OTHER HET RELATED PROBLEMS OCCURE LIKE FIRE ETC.). THIS SOFTWARE IS NOT DESIGNED FOR USE WITH UNAUTHORIZED SOFTWARE, SERVICES, OR DEVICES OR NON-LICENSED ACCESSORIES, AND YOU MAY NOT USE ANY OF THESE WITH THIS SOFTWARE. SUCH USE MAY BE ILLEGAL, AND IS A BREACH OF THIS AGREEMENT. SUCH USE MAY ALSO LEAD TO INJURY TO YOU OR OTHERS OR CAUSE PERFORMANCE ISSUES OR DAMAGE TO YOUR DEVICE.
- Amendments to this Agreement
We reserve the right, at our sole discretion, to change, alter, modify or replace this Agreement at any time. If a revision is material we will provide at least 10 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 Software 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 Software.
You acknowledge that you have read this EULA and understand the rights, obligations, terms and conditions set forth herein. By continuing to install the Software, you consent to be bound by this EULA.
Lasted Updated: 28 January 2017