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CuteUpload Enterprise Edition User License Agreement

IMPORTANT-READ CAREFULLY: This software End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single legal entity, hereinafter the "CUSTOMER") and Eversun Software Corp. whom provides the CuteUpload software products (hereinafter the "PRODUCT"), including but not limited to CuteUpload software, "online," or electronic documentation and Internet based services. Note, however, that any software, documentations that are included in the PRODUCT, or accessible via the PRODUCT, and are accompanied by their own license agreements or terms of use are governed by such agreements rather than this EULA.

By installing, copying, downloading, accessing or otherwise using the PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use or copy the PRODUCT, and you should promptly delete any software products, or contact Eversun Software Corp. for instructions on return of the unused product(s) in accordance with CuteUpload's return policies.

Enterprise User License Grant
Eversun Software Corp. grants to CUSTOMER a nonexclusive and nontransferable license to use the CuteUpload PRODUCT (i) solely on 3 domain names owned or leased by CUSTOMER, this shall count in the subdomains that pointing to different websites. (ii) A license for the PRODUCT may not be used concurrently for more than 100 users. (iii) CUSTOMER will use the CuteUpload PRODUCT in accordance with all federal, state and local laws, relevant Direct Marketing Association Guidelines and any privacy policies promulgated by Licensee.

Ownership
Eversun Software Corp. grants to CUSTOMER a nonexclusive and nontransferable license to use the CuteUpload PRODUCT (i) installed in desktops or servers, or other storage device owned or leased by CUSTOMER for which CUSTOMER has paid a license fee (ii) A license for the PRODUCT may not be shared, transferred, installed or used for other individuals or organizations. (iii) CUSTOMER will use the CuteUpload PRODUCT in accordance with all federal, state and local laws, relevant Direct Marketing Association Guidelines and any privacy policies promulgated by Licensee.

Restrictions

  • Customer agrees that aspects of the licensed materials, including the specific program file, design and structure of individual programs, constitute trade secrets and/or copyrighted material of CuteUpload. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Eversun Software Corp.
  • Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with Eversun Software Corp.
  • Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  • Single EULA. The package for the SOFTWARE may contain multiple versions of this EULA, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). In this case, you are only licensed to use one (1) copy of the SOFTWARE.
  • Termination. Without prejudice to any other rights, Eversun Software Corp. may cancel this EULA if you do not abide by the terms and conditions contained herein. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
  • Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of CuteUpload or its ownder Eversun Software Corp.
  • Reservation of Rights. Eversun Software Corp. reserves all rights not expressly granted to you in this EULA.

Limited Warranty
Eversun Software Corp. provides its PRODUCTS "AS-IS", and makes no warranty, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose. In no event will the owner be liable for any indirect, special, consequential or other similar damages. If you fail to comply with any terms of this agreement you may be liable to the licensor for breach of contract, and Eversun Software Corp. may terminate this license.

Governing Law & Jurisdiction
This EULA shall be governed by the laws of the Province of British Columbia, Canada, without giving effect to principles of conflict of laws. By accessing this website, the user agrees that all matters relating to access to or use of, this website, shall be governed by the laws of the Province of British Columbia, Canada without regard to the conflicts of laws principal thereof.

This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Eversun Software Corp. to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.

If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this EULA will remain in full force and effect.

All questions concerning this EULA shall be directed to:
CuteUpload®
A Division of Eversun Software Corp.
#1408-6070 McMurray Ave. Burnaby, BC   V5H 4J3
Canada

CuteUpload and other trademarks contained in the Software are trademarks or registered trademarks of Eversun Software Corp. in Canada and United States. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use CuteUpload's or its licensors' names or any of their respective trademarks.

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