Last updated: March 15, 2023
This End-User License Agreement (herinafter referred to as EULA) is a legal agreement between you (either and individual or single entity) and 42nd LLC (hereinafter referred to as 42nd).
By installing, copying or using any of the 42nd apps (hereinafter referred to as APPS), you agree to be bound by the terms of this EULA.
This EULA is a supplement to the Service Level Agreement (hereinafter referred to as SLA) and the Privacy, Security & Cookie Statement (hereinafter referred to as PRIVACY STATEMENT). By agreeing to the terms of this EULA, you also agree with the SLA and the PRIVACY STATEMENT.
The contents of this EULA suppercedes any conflicting provisions in the SLA and/or the PRIVACY STATEMENT. When reading and interpreting these documents, they should be read in the following order: 1) EULA, 2) PRIVACY STATEMENT, 3) SLA. In case of conflict between these documents, the provision in the document with the highest order prevails.
If you do not agree with the EULA, you are not authorized to install, copy or use the APP and will immediately uninstall and remove any previously installed or acquired copies. Obtaining the ownership of the material support of the software only, shall not grant you any right to install, to copy, to use, or to otherwise exploit the APP.
42nd will use reasonable commercial efforts to provide solutions for any reported malfunctions. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY 42nd. 42nd MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NO INFRINGEMENT OF THIRD PARTY RIGHTS. THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; NO 42nd PARTNER, DISTRIBUTOR, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If you make any modifications to the SOFTWARE PRODUCT during the warranty period, if the media is subjected to accident, abuse, or improper use, or if you violate the terms of this EULA, then this warranty shall immediately be terminated. This warranty shall not apply if the SOFTWARE PRODUCT is used on or in conjunction with hardware or software other than the unmodified version of hardware and software which the Software was designed to be used as described in the Documentation.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL 42nd OR ITS PARTNERS OR DISTRIBUTORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF 42nd'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EVEN IF 42nd SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
All intellectual property rights in and to the SOFTWARE PRODUCT and Documentation are property of 42nd. All intellectual property rights related to the SOFTWARE PRODUCT remain property of 42nd.
42nd will hold You harmless, defend and indemnify You, against a third party claim to the extent based on an allegation that the SOFTWARE PRODUCT infringes a third party intellectual property right, provided that 42nd: (i) is promptly notified and furnished a copy of such Claim, and all other documents that the claim is based on (ii) is given reasonable assistance in and sole control of the defense thereof and all negotiations for its settlement.
42nd will have no obligation to defend and no liability for any damages or costs to the extent that a Claim is based upon: (i) use of the SOFTWARE PRODUCT in combination with any non-42nd product, software or equipment; (ii) use of the SOFTWARE PRODUCT in a manner or for an application other than for which it was designed or intended to be used, regardless of whether 42nd was aware of or had been advised of such use; (iii) modifications to the SOFTWARE PRODUCT by any person or entity other than 42nd.
If the SOFTWARE PRODUCT becomes, or in the opinion of 42nd may become, the subject of a Claim, 42nd may, at its option and in its discretion: (i) procure for You the right to use the SOFTWARE PRODUCT, free of any liability; (ii) replace or modify the SOFTWARE PRODUCT to make it non-infringing; or (iii) terminate your right to continue using the SOFTWARE PRODUCT and refund, in this case, any license fees related to the SOFTWARE PRODUCT paid by You.
This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. 42nd may amend or modify this EULA at any time without having to notify you or obtain your prior approval. However, ammendments and modifications to the EULA will only take effect upon purchasing or renewing the APP license.
42nd has the right to use Your name for commercial purposes and/or to include your name and/or logos in his clients list. 42nd will stop using Your name and/or logos upon request.
If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall remain in full force and effect.
Neither this EULA, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or as granting a franchise. You shall, at your own expense, promptly obtain and arrange for the maintenance of all mandatory government approvals, if any, and comply with all applicable local laws and regulations as may be necessary for your performance.