- Under this End User License Agreement (the “Agreement”), Kurieta, LLC d/b/a LEANAFY (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable license (the “License”) to use LEANAFY (the “Software”).
- “Software” includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
- Title, copyright, intellectual property rights, and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights also include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
- The Software may be loaded onto the systems of the number of users as prescribed by the licensee during the time of agreement, subject to modification on prior intimation to the vendor. A single copy may be made for backup purposes only.
- The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
- The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
- Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
- The original price as per the SaaS agreement between the Vendor and the Licensee, payable by the Licensee will constitute the license fee and is the full consideration for this Agreement (“Original Purchase Price’).
Limitation of Liability.
- The Software is provided by the Vendor and accepted by the Licensee “as is”. The liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental, or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
- The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
- The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software, in general, is prone to bugs and flaws within an acceptable level as determined in the industry.
Warrants and Representations
- The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright, or applicable statute.
- All terms, conditions, and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on the signing of the SaaS agreement of the Software with the Vendor.
- The term of this Agreement will begin on Acceptance of. SaaS agreement, and will continue for a period ‘until the end of the term defined under the SaaS Agreement’. At the end of the term of this Agreement, the Licensee must destroy all copies of the Software in their possession.
- This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.
- The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
- The Parties to this Agreement submit to the jurisdiction of the courts of the State of Indiana for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Indiana.
- This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
- This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
- Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
- This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.
- All notices to the Vendor under this Agreement are to be provided at the following address:
LEANAFY: 3815, Rivercrossing Pkwy Suite #100, Indianapolis, IN 46240