TERMS OF SERVICE
CRE TECH, INC. LICENSED APPLICATION END USER LICENSE AGREEMENT
READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY, BECAUSE BY INSTALLING, COPYING, USING OR DISTRIBUTING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OR DO NOT WISH TO BE BOUND BY THIS EULA, DO NOT INSTALL, COPY, USE OR DISTRIBUTE THE SOFTWARE.
GENERAL: This EULA governs the use of the Software made available by or on behalf of CRE Tech, Inc. (“Application Provider”, “we”, “us” or “our”). For purposes of this EULA, “Software” means such application software (“Licensed Application”), together with all components thereof and all updates, patches, fixes, modifications and enhancements thereto, including releases of new versions, whether provided to you via download, automatically without additional consent or action on your part or otherwise, and any and all accompanying documentation, files and materials (“Licensed Application”).
LICENSE GRANT: The Licensed Application transacted through the service are licensed, not sold, to you for use only under the terms of this license. The licensor, CRE Tech, Inc. reserves all rights not expressly granted to you. Subject to your agreement and compliance with the terms and conditions of this EULA, CRE Tech, Inc. grants to you a limited, personal, non-exclusive, non-transferable and revocable license (without the right to sublicense) to install, use, access, display and run the Licensed Application on computers and mobile devices (collectively, “Devices”) which you own or are under your control solely for your personal or internal business use. For the avoidance of doubt, the foregoing license may not be shared or used concurrently on multiple Devices without the purchase of additional licenses from CRE Tech, Inc. for each such Device accessing, displaying, running, and/or using the Licensed Application.
For purposes of the foregoing license grant, the continued use of the Licensed Application pursuant to Section 2 above after the expiration of the applicable “trial period” designated by CRE Tech, Inc. without the payment of the applicable license fee is outside the scope of the foregoing license and a violation of this EULA and United States (“U.S.”) and international copyright laws.
This license does not allow you to use the Licensed Application on any computer, iPod touch, iPhone, iPad, Android or other allowable device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors, if applicable. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
PROPRIETARY RIGHTS: CRE Tech, Inc. owns all right, title and interest in and to the Licensed Application including, without limitation, all intellectual and proprietary rights appurtenant thereto, and, except for the limited license granted to you herein, nothing in this EULA shall be construed to transfer, convey, impair or otherwise adversely affect CRE Tech’s ownership or proprietary rights therein or any other CRE Tech, Inc. information or materials, tangible or intangible, in any form and in any medium.
CHANGE IN POLICIES: CRE Tech, Inc. reserves the right to change these policies at any time. While it is not our intention to do so, there may be factors outside of our control that require us to implement changes to our policies.
REFUND POLICY: CRE Tech, Inc. has a limited refund policy on all of our Licensed Application products. We do this because we offer free, fully functional trial versions for many of our Licensed Applications. This will allow You download and try before you buy. These trial versions allow you to test the software risk-free before you decide to make a purchase. One of the advantages when you purchase an Application License from CRE Tech, Inc. is that we provide an immediate access to the Licensed Application software. Because there is no way to guarantee that our software was actually removed from all of your devices after it is installed, this allows us to help fight fraudulent activity. Disabled or otherwise terminated Licensed Application products with one-time download fees shall be non-refundable.
Subscription based Licensed Applications have a prorated refund policy. Prorated refunds shall only be granted if the subscription based Licensed Application is disabled and withdrawn from use by CRE Tech, Inc. Subscription based Licensed Application products are directly offered by CRE Tech, Inc. with a specific license start and license end date. If the Licensed Application is permanently terminated by CRE Tech, Inc. from your use, CRE Tech, Inc. shall prorate your prepaid Application License Subscription fee for any unused portion. The prorated refund shall be calculated based on number of calendar days from date of Licensed Application Termination and the last day of the PRE-PAID subscription term.
SUBSCRIPTIONS & PAYMENTS: Payments for subscriptions to CRE Tech’s Licensed Applications may generally be made by preauthorized credit card charge, direct debit, wire transfer or other online payment services as described further below. CRE Tech, Inc. may change, add or remove authorized payment methods at any time.
Month-to-Month Subscriptions. In the event that your subscription to a Licensed Application is on a monthly basis, payment of the subscription fee must be by preauthorized credit card charge only, and your subscription will automatically renew each month unless you provide CRE Tech, Inc. with written notice of non-renewal during the prior calendar month. Customer will automatically be charged the applicable monthly subscription fee for each month that your month-to-month subscription is in effect.
Annual Subscriptions. If available by CRE Tech, Inc., you may elect to purchase annual subscriptions to the Licensed Application by credit card, direct debit or other online payment services accepted by CRE Tech, Inc. In the event that you cancel the payment card provided to CRE Tech, Inc. to pay for the service or the card expires or is otherwise terminated, customer must promptly provide CRE Tech, Inc. with a new valid card number in order to maintain its subscription to the service and avoid any disruptions to its subscription renewal. You authorize CRE Tech, Inc. from time-to-time, to undertake steps to determine whether the card number provided to CRE Tech, Inc. is a valid card number and authorizes CRE Tech, Inc. to automatically update customer's credit card information using software designed for updating purposes. Additionally, your subscription will automatically renew at the beginning of each subsequent anniversary year unless you or CRE Tech, Inc. gives prior written notice of non-renewal prior to the expiration of the current year subscription.
Use of Free Subscriptions. Unless stated otherwise, your subscription to any of CRE Tech’s free Services do not require the payment of a subscription fee. For the avoidance of doubt, your right and license to access, use, execute and deploy any of CRE Tech’s free Licensed Applications are not guaranteed for any period of time and CRE Tech, Inc. reserves the right, in its sole and absolute discretion, to restrict, limit or terminate the use of 'free' or 'basic' versions of any of the Licensed Applications by any individual, entity or group of entities.
Late Payments. CRE Tech, Inc. reserves the right to suspend, terminate or disable your access to any of the Licensed Applications in the event that any fees owed hereunder to CRE Tech, Inc. are not received on or before the applicable payment due date.
Taxes. Customer agrees to be responsible for and to pay any applicable sales, personal property, use, VAT, excise, withholding, or any other applicable taxes that may be imposed, based on this license, or the use or possession of Licensed Applications, or any software or other product provided under this Agreement. If you are exempt from paying any sales, use or other taxes, you must provide CRE Tech, Inc. with appropriate evidence of tax exemption for all relevant jurisdictions prior to subscription purchase.
No Cancellations. Except as otherwise provided for herein, you may not cancel, terminate or rescind a subscription during its term. Any and all payments by you to CRE Tech, Inc. for access to the Licensed Applications are final.
Sales, Promotional Offers, Coupons and Pricing. Sales, promotions and other special discounted pricing offers are temporary and, upon the renewal of your subscription, any such discounted pricing offers may expire. CRE Tech, Inc. reserves the right to update its pricing and/or discontinue or modify any coupons, credits, sales and special promotional offers at its sole discretion.
TERM; RENEWAL OF SUBSCRIPTION TERMS: Unless terminated earlier pursuant to the terms of this Agreement, your subscription term(s) shall commence on the effective date of the order placed hereunder and shall continue for the period of time set forth in the subscription. Upon the expiration of this initial subscription term, your subscription shall automatically renew as per the terms listed in 6.a. and 6.b. above.
TERMINATION: The license is effective until terminated by CRE Tech, Inc. or you. Your rights under this license will terminate automatically without notice from the Application Provider if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Applications, and destroy all copies, full or partial, of the Licensed Applications. CRE Tech, Inc. may, in its sole discretion, immediately terminate this Agreement and your subscription, license and right to use the Licensed Applications if (i) You fail to make timely payments of subscription fees as required for access to its account or You declare bankruptcy, is involved in any bankruptcy proceedings or is otherwise insolvent; (ii) You breaches the material terms of this Agreement; (iii) You are found to have falsified its registration information or CRE Tech, Inc. is otherwise unable to verify or authenticate information you provided to CRE Tech, Inc. upon registration; or (iv) CRE Tech, Inc. decides, in its sole discretion, to discontinue offering the Licensed Applications to its users. In the event of discontinuance by CRE Tech, Inc., you shall be entitled to reimbursement of a pro rata portion of any unused prepaid fees paid hereunder to CRE Tech, Inc. as per the terms of the Refund Policy in paragraph 5.
CONSET TO USE OF DATA: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information to improve its products or to provide services or technologies to You. By voluntarily providing Your Personal Data information to the Application Provider and its affiliated third parties, you consent to Application Provider and the affiliated third parties that we may collect, use and transfer your Personal Data and User Data.
MODIFICATION: Application Provider reserves the right to modify the Licensed Application at any time in order to comply with operating system, developer and licensing regulations. In any event that certain functions, workflows and/or tools become unavailable, incompatible or inoperable, Application Provider may remove the function, workflow and/or tool. Said functions, workflows and/or tools may be replaced with alternative functions, workflows and/or tools at Application Provider’s sole discretion.
SERVICES; THIRD PARTY MATERIALS: The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, 'Services'). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not to be relied upon as investment advice. Before executing any securities, real estate, or investment transaction based upon information obtained through the Services, You should consult with a financial professional. You are also responsible for verifying and validating any and all information, including, but not limited to financial information, building dimensions, amenities, attributes, location, age, price and description displayed, transmitted, encoded, integrated or otherwise provided to You. Location data provided by any Services is for basic navigational purposes only and is not to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or location data displayed by any Services. Services used to measure distance, boundaries, size and/or area are meant to be estimations and are not to be relied upon. Seek the services of a third party professional for providing distance or area measurements.
You agree that the Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the computer, iPhone, iPod touch, iPad, Android or other allowable device are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
RESERVATION OF INTELLECTUAL PROPERTY RIGHTS: You acknowledge that the Licensed Application, Services and their related software are proprietary to CRE Tech, Inc. and/or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You may not remove any proprietary notices or labels from the Licensed Applications or any of the Services. You may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce any of the Services to a human-readable form. You may not reproduce, distribute or create any derivative works based on the Licensed Applications or Services without expressly being authorized in writing to do so by CRE Tech, Inc. Further, You may not rent, lease, grant a security interest in or otherwise transfer any rights to the Licensed Application or Services. Any and all content on the websites, software and computer programs used to provide the Licensed Application are protected by copyright and other intellectual property laws. Except as specifically permitted herein, no portion of the information or content on such websites, software and computer programs may be reproduced in any form, or by any means, without prior written permission from CRE Tech, Inc. All intellectual property rights not expressly granted in this EULA are reserved to CRE Tech, Inc. and its suppliers. 'CRE Tech, Inc.' associated logos, and other names, logos, icons and marks identifying CRE Tech’s Licensed Applications and Services are trademarks or service marks of CRE Tech, Inc. (collectively the 'Trademarks') and may not be used without the prior written permission of CRE Tech, Inc. All other product names mentioned are used for identification purposes only and may be trademarks or service marks of their respective holders. Nothing should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of CRE Tech, Inc. Your use of the Trademarks except as provided in this EULA is strictly prohibited.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ('SERVICES') ARE PROVIDED 'AS IS' AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Application Provider’s total liability to you for all damages exceed the amount of fifty (50). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
DISCLOSURE & USE: All reports, calculations and results generated by Licensed Applications is intended to provide general information on a particular subject or subjects and is not an exhaustive treatment of such subject(s). Accordingly, the information in the Licensed Applications is not intended to constitute any legal, accounting, consultative or other professional advice, service or contract in any way. Licensed Applications and the information, calculations, and format are provided “AS IS” and CRE Tech, Inc., makes no express or implied representations or warranties regarding the Licensed Applications or the information in it. Without limited the foregoing, CRE Tech, Inc. does not warrant the reports, calculations or any portion or result of the Licensed Applications or the information in it will be error-free or will meet any particular criteria of performance or quality. CRE Tech, Inc. expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Your use of the Licensed Applications including the reports, calculations, results and information in it is at your own risk. You assume full responsibility and risk of loss resulting from the use of the Licensed Applications or information in it. CRE Tech, Inc. or their affiliates, or any partners, principals, stockholders or employees of any thereof will be liable for any special, indirect, incidental, consequential or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence) or otherwise, relating to the use of the Licensed Applications, reports, calculations or information contained in it.
LICENSEE CONTENT: CRE Tech, Inc. does not claim ownership of Content you submit or make available for inclusion on the Application Products. However, with respect to Content Licensee submits or make available for inclusion on publicly accessible areas of the Licensed Application, Licensee grants CRE Tech, Inc. world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, sell, modify, adapt, publicly perform and publicly display such Content on the Application Products for purposes including providing and promoting the specific end user or third party to which such Content was submitted or made available.
Licensee warrants that, to the best of Licensee’s knowledge and belief, without independent investigation, that Content does not:
Infringe on any proprietary rights of third persons or contain any information that is deemed unlawful, libelous, violative of any person's right to privacy and/or publicity, obscene, pornographic, or indecent;
Violate any law, statute, ordinance or regulation, including, without limitation the laws and regulations governing export control, HIPAA, unfair competition, anti-discrimination, or false advertising; or
Contain any viruses, Trojan horses, trap doors, back doors, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Licensee agrees that any and all information Licensee, or anyone on Licensee’s behalf, places on the Application Products shall at all times be:
Accurate in all respects to Licensee’s then knowledge and belief;
Corrected promptly by Licensee when any new or revised data or information is available to Licensee or Licensee’s agents;
Authorized in writing to be placed on the Application Products by all owners of the property.
Lawfully placed in the Application Products and in any of CRE Tech, Inc. hardware and software;;
Formatted and within the type, size and other limits as described in the Application Products, which CRE Tech, Inc. reserves the right to modify, including without limitation the number of days that data will remain within the Application Products, the frequency with which data must be updated by Licensee or will be withdrawn from the Application Products, and the volume of data which you may store on the Application Products at any one time.
Licensee will abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with the Application Products and agree not to use the Application Products or any feature, aspect, or data in, a part of, or from the Website to:
Post or send any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
Harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their consent;
Transmit through or post on the Application Products any unlawful, harassing, libelous, abusive, torturous, defamatory, threatening, harmful, invasive to another's privacy, vulgar, obscene, pornographic, or otherwise objectionable material of any kind or nature, or which is harmful to minors in any way;
Transmit any material that may infringe upon any intellectual property or other rights of any person including without limitation trademark, copyright, or right of publication in any form or format.
Transmit any material that Licensee are aware contains a software virus or viruses, or other harmful or objectionable computer code, files, program, routine such as Trojan horses, worms, time bombs, cancel bots, or popups.
Interfere with or disrupt servers, networks, hardware, software, or users connected to, using, or a part of the Application Products, or violate the licenses, policies, procedures, or regulations of such.
Attempt to gain unauthorized access to the Application Products, other accounts, computer systems, networks, or users connected to or using the Licensed Application, through password mining or any other means.
Harass or interfere with another user's use or enjoyment of the Application Products and any of that or other user's data on the Application Products.
You are responsible for any and all data which Licensee or Licensee’s designee place on the Application Products. Licensee indemnifies and holds CRE Tech, Inc., its affiliates, licensors, suppliers and sponsors, and their respective shareholders, directors, officers, employees, and agents, harmless from and against any and all claims that any data that Licensee places directly or indirectly within the Application Products that is inaccurate or incomplete in any respects.
Building photographs, flyers and materials posted, attached, or affixed to property records within Application Products must be actual photographs, flyers and materials of the building being represented. All such photographs, flyers and materials must be either (a) owned by Licensee or (b) Licensee must have received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, flyers and other material to publish such information on the Application Products and on third party applications for the purpose of advertising the subject property.
INDEMNIFICATION: You agree to defend CRE Tech, Inc., its parent, subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors (the “CRE Tech, Inc. Indemnified Parties”) against any and all claims, demands and/or actions and indemnify and hold the CRE Tech, Inc. Indemnified Parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of this EULA, infringement, misappropriation or any violation of the rights of any other party, violation or noncompliance with any law or regulation, the breach or violation of any term or condition of your Agreement with us, any use, alteration or export of the Software or otherwise in connection with this EULA. We reserve the right to assume, at our expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with us upon our request.
EXPORT: You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
COMMERCIAL ITEMS: The Licensed Application and related documentation are 'Commercial Items', as that term is defined at 48 C.F.R. §2.101, consisting of 'Commercial Computer Software' and 'Commercial Computer Software Documentation', as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
GOVERNING LAW AND VENUE: The laws of the State of Texas, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws
YOU ACKNOWLEDGE THAT YOU HAVE READ THE ENTIRE AGREEMENT, UNDERSTAND IT, ACKNOWLEDGE YOU ARE BOUND BY IT AND AGREE TO FULLY COMPLY WITH ALL OF ITS TERMS AND CONDITIONS.
This document was last modified on August 1, 2018, and is effective immediately.
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