# End User Licence Agreement

End User Licence Agreement (“EULA”) for Websoft9 Inc. (“Websoft9”, “we”, “our” and “us”) Software products and services (“Product” or “Soft” or "Service") are a legal agreement between you, either as an individual or a legal entity (“Customer”), and Websoft9.

These Agreement, along with any other policies or documents referenced herein, govern Customer’s purchase and use of the Products. Customer’s use of the Products constitutes its binding legal agreement to these Terms, which are subject to change at any time by Websoft9.

If Customer is not legally able to be bound by these Agreement or does not want to consent to these Agreement, Customer’s use of the Product is strictly prohibited.

Websoft9 reserves the right at any time to modify these Terms in its sole discretion, without liability to Customer. This Agreement, as amended, will be effective upon use of the Products for all existing users immediately after any amended terms are posted online at EULA (opens new window)

Customer agrees to be bound by this Agreement, as modified. If Customer does not agree to any changes to the Terms, it must stop using the Images and terminate its account immediately. It is incumbent upon Customer to check for any amendments to these Terms and review the most current version of this Agreement from time to time so that it will be apprised of any changes.

# Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.

# Definitions

  • Product: is a software product or technology service that are provided by Websoft9.
  • Application: is a software product that are provided by User who want Websoft9 to configure it
  • Instance: refers to a virtual server instance from a public or private cloud network.
  • Login Credentials: is a combination of username and password are used to access the Product or Application or Instance.
  • Source Code: shall mean computer Software code or programs in human readable format, such as a printed listing of a program written in a high-level computer language. The term “Source Code” includes, but is not limited to, documents and materials in support of the development of the software, such as flow charts, pseudo code and program notes.
  • Customer: the natural or legal person who has concluded an Agreement with Websoft9.
  • Login Procedure: the procedure prescribed by Websoft9 that allows the Customer to gain access to the Application.
  • Personal Details: any information pertaining to an identified or identifiable natural person.
  • Email Address: an address code set up in the Customer's name for exchanging electronic messages over the Internet.

# Use of Websoft9 Product

Websoft9’s Product is built on open source software. We try to use the latest version of open source software to reduce the security risks, But we will not modify the source code of Software to ensure the naiveness of the open source software. Therefore, there is no guarantee that the open source software does not have vulnerabilities or the security risks. The security risks arising from the use of open source software are the responsibility of the user.

Your copy of a Websoft9’s product and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Websoft9 or its subsidiaries, affiliates, and suppliers (collectively “the company”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).

# Login Credentials Responsibility

You must have valid account identification, including a login name and password, to use certain pages of the Sites. You are responsible for maintaining the confidentiality and security of your login name and password. You are responsible for all uses of your login name and password, including, but not limited to, conducting any transactions facilitated through the use of your login name and password, whether or not authorized by you. If you permit any person to use your login name and password, you may be liable for transactions made by that person, including transactions for which you may not have intended to be liable. You agree to immediately notify us of any breach of security, including, without limitation, unauthorized use of your login name or password. You agree to exit immediately (“log off”) from your account at the end of each session.

# Submission of Information

Customer may submit Login Credentials and other information for Service delivery by Websoft9, and we shall be free to use such information for any lawful purpose whatsoever. We shall not have any obligation to keep submitted information confidential except as we otherwise specifically agree in writing, or as required by law. Users should note that electronic transmissions to and from the Sites are not confidential and may be read or intercepted by others.

You represent and warrant that your submitted information:

  • shall be true, accurate, and complete;
  • shall not violate the rights of any third party, including, but not limited to, other proprietary or intellectual property rights, or rights of publicity or privacy;
  • shall not violate any law;
  • shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, or expropriate any system or information; and
  • shall not create liability for us or interfere with the operation of the Sites.

You also agree to maintain and promptly update your submitted information as needed.

# License Grant

This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.

# Restrictions on Transfer

Without first obtaining the express written consent of the company, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

# Restrictions on Use

You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.

You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product.

# Restrictions on Alteration

You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product.

# Restrictions on Copying

You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.

# Payment Terms, Disputes and Offsets

Customer shall pay the total purchase as specified in the invoice.

Customer acknowledges that the reoccurring amount billed each period may vary for reasons that include differing amounts due to promotional offers, differing amounts due to changes in Customer’s account, or changes in the amount of applicable sales tax. Customer authorizes Websoft9 to bill for such varying amounts. All reoccurring fees and charges are non-cancelable and nonrefundable and no credits will be given for partially used periods.

Customer shall pay all amounts payable to Websoft9 under this Agreement to Websoft9 in full without any setoff, recoupment, counterclaim, deduction, debit or withholding for any reason (other than any deduction or withholding of tax as may be required by applicable Law).

# Taxes and Duties

Customer shall be responsible for all sales, use, withholding, value added, and any other taxes imposed by any federal, state, provincial or local governmental entity or any other governmental entity on the purchase of Product, excluding taxes based on Websoft9’s net income.

Customer is responsible for any import or export fees or duties associated with its use of the Product.

# Obligations of the Customer

  1. The Customer shall act in accordance with that which may be expected of a responsible and careful Internet user.

  2. The Customer is responsible for keeping the account login credentials (user name and password) confidential and not sharing them with unauthorized users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions and modifications of your data.

  3. The Customer shall notify Websoft9 as quickly as possible of any relevant changes to the Customer's details.

  4. The Customer is responsible for any and all use (including by third parties) of the Websoft9 services via the Customer's Account.

  5. The Customer is required to log out every time the Customer wants to end the Websoft9 services. Any damages or costs incurred as a result of logging out improperly shall be covered by the Customer.

  6. The Customer shall refrain from interfering with other Customers or Internet users and from causing damage to the System. It is prohibited for the Customer to use any processes or programs whether via the System or otherwise which the Customer knows or should reasonably suspect will interfere with or cause damage to Websoft9 or other customers or Internet users. Customer is only permitted to use processes or programs if there is a direct connection to the System that is authorised by Websoft9.

# Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY THE COMPANY, THE COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

The company makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. The company makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. THE COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF THE COMPANY OR ANY OTHER PARTY, EVEN IF THE COMPANY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS THE COMPANY’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

# Limitation of Remedies and Damages

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of the company. The company reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If the company is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by the company to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable.

You agree to indemnify and hold the company harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

# Governing Law, Jurisdiction and Costs

This Agreement is governed by the laws of Colorado, without regard to Colorado’s conflict or choice of law provisions.

# Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

# How to contact us

If you have any questions or concerns about our End User License Agreement or if you want to exercise your rights, please send an email to legal@websoft9.com

Last Updated: 8/11/2021, 6:21:25 AM