END USER LICENSE AGREEMENT
Effective date: 2024-07-24
1. Introduction
This End User License Agreement ("EULA") is a legal agreement between you and CI Cube Inc. for the use of our software and services available at cicube.io (hereinafter referred to as "Software").
By downloading, installing, accessing, or using the Software, you agree to be bound by the terms of this EULA. If you do not agree to these terms, do not install, access, or use the Software.
2. License Grant
Subject to the terms of this EULA, CI Cube Inc. grants you a limited, non-exclusive, non-transferable, revocable license to use the Software for your personal or business purposes in accordance with the documentation provided.
3. Restrictions
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software.
- Copy, modify, adapt, translate, create derivative works, reverse engineer, decompile, or disassemble the Software.
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of CI Cube Inc.
- Use the Software in any way that violates any applicable laws or regulations.
- Use the Software for any purpose for which it was not designed.
4. Intellectual Property
The Software, including all content, features, and functionality, is and remains the exclusive property of CI Cube Inc. and its licensors. The Software is protected by copyright, trademark, and other intellectual property laws.
All trademarks, service marks, and trade names used in the Software are the property of their respective owners.
5. User Data
You retain all rights to your data. CI Cube Inc. does not claim ownership of your data. Our Privacy Policy, which is incorporated by reference into this EULA, explains how we collect, use, and protect your data when you use our Software.
6. Termination
This EULA is effective until terminated by you or CI Cube Inc. Your rights under this EULA will terminate automatically without notice if you fail to comply with any of its terms.
You may also terminate this EULA by discontinuing use of the Software and deleting any copies in your possession.
Upon termination, all rights granted to you under this EULA shall cease, and you must cease all use of the Software and destroy all copies of the Software in your possession.
7. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CI CUBE INC. MAKES NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Limitation of Liability
IN NO EVENT SHALL CI CUBE INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOFTWARE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOFTWARE, OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
9. Indemnification
You agree to defend, indemnify, and hold harmless CI Cube Inc. and its licensors from and against any and all claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or accruing from your use of the Software, including your violation of this EULA.
10. Updates
CI Cube Inc. may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Software ("Updates"). These Updates may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your account and stop using the Software.
11. Third-Party Services
The Software may display, include, or make available third-party content or provide links to third-party websites or services. You acknowledge and agree that CI Cube Inc. is not responsible for third-party content, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect. CI Cube Inc. does not assume and will not have any liability to you for any third-party content.
12. Governing Law
This EULA shall be governed by and construed in accordance with the laws of US/California, without regard to its conflict of law provisions. Any legal action or proceeding arising under this EULA will be brought exclusively in the federal or state courts located in California and you hereby irrevocably consent to the personal jurisdiction and venue therein.
13. Changes to This EULA
CI Cube Inc. reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will provide at least 30 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.
14. Waiver and Severability
The failure of CI Cube Inc. to enforce any right or provision of this EULA will not be considered a waiver of those rights. If any provision of this EULA is held to be invalid or unenforceable by a court, the remaining provisions of this EULA will remain in effect.
15. Entire Agreement
This EULA, together with the Privacy Policy and Terms and Conditions, constitutes the entire agreement between you and CI Cube Inc. regarding your use of the Software and supersedes all prior and contemporaneous written or oral agreements between you and CI Cube Inc.
16. Contact Us
If you have any questions about this EULA, please contact us at: [email protected].
This End User License Agreement was created for cicube.io on 2024-07-24.