This End-User License Agreement (“EULA”) is a legal agreement between you and Ekins Solutions, LLC.
This EULA agreement governs your acquisition and use of applications and utilities from Ekins Solutions, LLC software (“Software”) directly from Ekins Solutions, LLC or indirectly through an Ekins Solutions, LLC authorized reseller or distributor.
Please read this EULA agreement carefully before completing the installation process and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers.
If you register for a free trial of the Software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Ekins Solutions, LLC herewith regardless of whether other software is referred to or described herein. The terms also apply to any Ekins Solutions, LLC updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Ekins Solutions, LLC hereby grants you a personal, non-transferable, non-exclusive license to use the Software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose.
- Allow any third party to use the Software on behalf of or for the benefit of any third party.
- Use the Software in any way which breaches any applicable local, national or international law.
- use the Software for any purpose that Ekins Solutions, LLC considers is a breach of this EULA agreement.
Limited Warranty and Limitation of Liability
Ekins Solutions, LLC warrants that it has the right and authority to grant the License under this EULA. Ekins Solutions, LLC warrants that the Software, in its unmodified form as initially delivered or made available to End User, will perform substantially in accordance with the Documentation for a warranty period of ninety (90) days from the date the Software is delivered to End User. In the event the Software fails in a material respect to operate in accordance with the Documentation during the warranty period and Ekins Solutions, LLC is unable to correct the defect, Ekins Solutions, LLC’s sole and exclusive liability, and End User’s sole and exclusive remedy shall be a refund of the License fee, if any, paid by End User for the Software. The foregoing limited warranty will not apply if the failure of the Software is the result of damage or misuse caused by End User.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED ‘AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EKINS SOLUTIONS, LCC OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY EKINS SOLUTIONS, LLC DISTRIBUTORS OR RESELLERS, SHALL CREATE ANY WARRANTY IN ADDITION TO, OR IN ANY WAY INCREASE THE SCOPE OF, THE LIMITED WARRANTY.
In no event will Ekins Solutions, LLC, its affiliates, resellers, or distributors or suppliers be liable for any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof.
Maintenance and support (“Maintenance”) for the Software will be available in accordance with Ekins Solutions, LLC’s applicable Maintenance Policies then in effect and shall commence on delivery of the Software. Provided End User is current on Maintenance, End User will receive (a) online support and (b) any Software updates, enhancements and/or improvements that are included or otherwise separately defined under the Maintenance Policies.
Intellectual Property and Ownership
Ekins Solutions, LLC shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Ekins Solutions, LLC.
Ekins Solutions, LLC reserves the right to grant licenses to use the Software to third parties.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Ekins Solutions, LLC.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of us.