BEFORE YOU CLICK ON THE ACCEPT BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE ACCEPT BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “DO NOT ACCEPT” BUTTON AND DO NOT USE THIS PRODUCT.
END USER AGREEMENT AND PRODUCT LICENSE TERMS
This End User Agreement, Product License Terms (the “Agreement”) is a legal agreement between you and Suzor Enterprise, Inc., a Massachusetts Corporation (the “Company”), its successors, assigns, and legal representatives. In this Agreement, the term “Product” or “Products” means SuzorOne Apps, including software and associated online or electronic documentation. The term “you” means the company, entity or individual who is acquiring the license to use the Product under this Agreement. The term “we” or “us” means Suzor Enterprise, Inc., except that terms such as “both of us” means both you and us. The term “use” means storing, loading, installing, executing or displaying the Product. “Device” means a single device which is not a server.
LICENSE TERMS.
License Grant. Except as otherwise specifically set forth below, upon registration or payment of the applicable license fee we grant you and you accept the non-exclusive, non-transferable right to use the Product in object code form only. You may make copies of the Product solely for backup or archival purposes or when copying is an essential step in the authorized use of the Product. You must reproduce all copyright and other proprietary or restricted rights notices in the original Product on all authorized copies. You may not: share or otherwise permit other individuals to use the Product; permit concurrent use of the Product; modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Product; copy (including copying onto a bulletin board or similar system) the Product other than as specified above; rent, lease, grant a security interest in, or otherwise transfer rights to the Product..
Registration. You must provide accurate and complete information to register for an account to use our product or services. Should we issue a unique username and password to access our Product, such username and password may be used only by those who are registered and authorized by us to obtain such access. You may not break, obscure, or change any License Key or Security Code.
Content. To the extent that the Product enables you to access (on-line or otherwise) materials not supplied by us (“Content”), you should be aware that such Content is the property of the applicable Content owner and may be protected by applicable copyright law. This Agreement grants you no rights to Content.
Copies and Upgrades. You may receive the Product or upgrades in more than one medium or more than one copy, for example on physical media or by download single or multiple times. Your usage rights are limited as above, and your possession of multiple copies of medium (or multiple downloads) does not increase your usage rights. If the Product is an upgrade of one of our Products, you now may use that upgraded Product only in accordance with this Agreement. You may not loan, rent, lease, or otherwise transfer the original non-upgraded Product to another user.
Ownership. You acknowledge and agree that the Product is owned by us and may be copyrighted, in whole or in part by us or our third-party suppliers, if any. Your license confers no title or ownership in the Product and is not a sale of any rights in the Product. All ownership rights remain in us or our third-party suppliers, as the case may be.
WARRANTY AND LIMITATIONS ON LIABILITY.
Limited Warranty. We warrant that, for a period of 90 days after purchase, the Product will function substantially in accordance with its documentation, provided that such Product has not been modified or altered by anyone other than us. As your exclusive remedy for breach of this warranty, we will, at our option, either replace or repair the defective Product or refund all fees paid for it, provided that you purchased the Product directly from an authorized Reseller or from us; and you destroy all copies of the Product and provide the Reseller from whom it was acquired (or us, if acquired directly) with certification of such destruction and proof of purchase, within thirty days of purchase.
Warranty Exclusions. This warranty does not cover damage due to external causes, including accident, abuse, misuse, modifications not authorized by us, usage not in accordance with product instructions, failure to perform required preventive maintenance, and problems caused by use of materials not supplied by us. Because the Product is inherently complex and may not be completely free of errors, you are advised to verify and back up your work. Additionally, we do not guarantee compatibility between the Product and any future versions of the Product.
THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY US. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. OUR RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN PRODUCTS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
Limitations On Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF WE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, WE ARE FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), OUR LIABILITY TO YOU WILL BE LIMITED TO THE GREATER OF $1,000 OR THE AMOUNT YOU PAID FOR THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
THIRD PARTY SERVICS. Our Product may include third part software, products, or services which may produce output from those products or services. Such Third-party software, products, or services are subject to their own terms, and we are not responsible for them.
ARTIFICIAL INTELLIGENCE (AI). Our product incorporates Artificial Intelligence features. The Company does not warrant that any AI-generated output will be accurate, complete, or fit for any particular purpose. Users acknowledge that AI outputs may produce false or misleading information, and should not be relied upon as professional, legal, or other advice. You may provide input to the Product and receive AI output from the Product based upon your input. When you provide input, you are responsible for ensuring that you have the necessary rights permissions, or authority to do so. Input and output are collectively called “content”. You are responsible for the Content, to include ensuring that the content does not violate law or ownership of the content. To the extent permitted by law, you retain your ownership rights in input and own the output. We hereby assign to you all our rights, title, and interest, if any, in and to any output.
USE OF OUTPUT FROM OUR PRODUCT IS AT YOUR SOLE RISK AND YOU AGREE TO NOR RELY ON SUCH OUTPUT AS A SOURCE OF TRUTH, FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO REVIEW ALL OUTPUT FOR ACCURACY BEFORE IT IS USED FOR ANY PURPOSE.
PRIVACY. The company is committed to respecting your privacy and keeping secure any information we obtain from or about you.
Data Collected. If you register for or use our Product, we collect Account Information (name, contact information, account credentials, payment information, and transaction information); User Content (prompts, files, and other input); Communication Information (name, contact information, message contents); and Other Information which you provide to us. We may also collect other personal data not directly provided by you, but which we receive from your use of the Product. Such Data may include Log Data (IP address, browser type and settings, date & time, and how you interact with the product); Usage Data (activities, content type, and interactions); Devise Information (devise name, operating system, devise identifiers, and browsers); Location Information (general area where your devise accessed the Product and IP addresses); Cookies (preferences and user data); or other incidental Information.
Use of Personal Data. We collect Your personal information solely for the purposes described in this Agreement and to provide, maintain, and improve our Product and services. We will not, sell or otherwise transfer your personal information to any third party for monetary or other valuable consideration. We may share personal data with government authorities, law enforcement, or other third parties where, based on the information available to us, we have a good-faith belief that disclosure is reasonably necessary to (i) comply with applicable law, regulation or legal process, including for legal, tax or accounting purposes, or in response to an enforceable governmental request; (ii) prevent serious harm to any person or to property; (iii) detect, prevent, or otherwise address fraud or other illegal activity; or (iv) enforce our terms, or protect the rights, property, security, or safety of us, our users, or others.
Retention Period. Your data may be retained by us during the term of our business relationship, and for reasonably necessary period of time thereafter. When the collected data is no longer required by us, we will perform the necessary procedures for destroying, deleting, erasing, or converting it into an anonymous form as permitted or required under applicable laws.
GENERAL.
Export Controls. None of the Product or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders.
Term. Your license under this Agreement is effective until terminated. You may terminate this license at any time. We may terminate this Agreement immediately if you breach any of the provisions of this Agreement. Upon any such termination or expiration, you must discontinue all use of the Product, and immediately destroy the Product together with all copies. The provisions of this Agreement (other than your license to use the Product) shall survive the termination of the license, or the termination or expiration of this Agreement.
Entire Agreement. This Agreement constitutes the entire agreement between both of us with reference to this transaction.
Changes. We reserve the right to make changes to this Agreement from time to time, provided that we provide you at least 30 days written notice, via email or in-product notification, of such changes that materially adversely impact you.
Governing Law & Jurisdiction. This Agreement will be governed by the laws of the Commonwealth of Massachusetts, USA, except for that body dealing with conflicts of law. The application to this Agreement of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.
Mandatory Arbitration. In the event of any dispute involving this Agreement, you and the Company agree to resolve the dispute through final and binding Arbitration, in the Commonwealth of Massachusetts. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by providing us written notice. The prevailing party shall be entitled to its reasonable attorney fees and costs.
Indemnity. If you are a business or organization, to the extent permitted by law, you agree to indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.
Severability. In the event any provision of this Agreement shall be deemed unenforceable, void or invalid, such provision shall be modified so as to make it valid and enforceable, and as so modified the entire Agreement shall remain in full force and effect. No decision, action or inaction by us shall be construed to be a waiver of any rights or remedies available to us.