EULA [End User License Agreement]
End User License Agreement (EULA)
Last updated 7/8/2024
Version 1.0
CLK CLK, Inc.
735 North Water Street, Suite 930
Milwaukee, WI 53202
United States of America
clkclk - End User License Agreement (EULA)
This End User License Agreement (“Agreement”) is an agreement between CLK CLK, Inc. (“Company”, “we”, “us”, or “our”) and you and or the entity that you represent (“You”).
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THE SOFTWARE. BY INSTALLING, COPYING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND THOSE OF OUR TERMS & CONDITIONS AND PRIVACY POLICY DO NOT ACCESS OR USE CLKCLK.COM OR ANY PRODUCT BY CLKCLK. IF YOU ARE ACCESSING OR USING THE SOFTWARE ON BEHALF OF ANY ENTITY OR OTHERWISE IN PERFORMANCE OF SERVICES FOR ANY ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY’S BEHALF, THAT ACCEPTANCE OF THIS AGREEMENT AND USE OF THIS SOFTWARE WILL NOT VIOLATE ANY AGREEMENT YOU HAVE WITH SUCH ENTITY, AND THAT SUCH ENTITY AGREES TO INDEMNIFY YOU AND COMPANY FOR VIOLATIONS OF THIS AGREEMENT.
Software License
Subject to the terms and conditions of this Agreement and during the term of this Agreement, the Company hereby grants you a non-exclusive, non-sublicensable, non-transferable license to access and use one instance of clkclk, only on a single computing device, sole to use the services made available by Company for your own personal or internal business use. Any Software that updates, supplements, or replaces the original Software is governed by this Agreement unless separate license terms accompany such update, supplement or replacement, in which case separate terms will govern in the event of a conflict with this Agreement, or otherwise provided in such separate terms.
License Limitations
The Software License section states the entirety of your rights with respect to the Software, and we reserve all rights not expressly granted to you in this Agreement. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any any of the following: distribute, sub-license, sell, assign, or otherwise transfer or make available the Software; use the Software for any purpose other than the Permitted Purpose; reverse engineer, decompile, disassemble or otherwise attempt to discover or re-create the source code for the Software; modify, adapt, alter, improve or create any derivative works of the Software; connect the Software with any other online services or use the Software in conjunction with other software or services not provided by or
permitted by Company [in connection with the Company Services]; remove, circumvent or create or use any workaround to any copy protection or security feature in or relating to the Software; or (g) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Software.
Ownership and Confidentiality
The Software is licensed, not sold, to you. We and our licensors own all right, title, and interest in and to the Software, including all copyright, patent, and other intellectual property rights in the Software. No title to or ownership of the Software or any associated intellectual property or proprietary rights are transferred to you by this Agreement.
You also acknowledge that when you download, install, or use the Software, we have the right to automatically collect information on your use of the Software. We may also require that you provide information regarding yourself in order to download, install, or use the Software or certain features. All information collected in connection with the Software may be used by us in compliance with our Privacy Policy. By using, installing, accessing, uploading, inputting, inserting, or otherwise providing information, you consent to the Privacy Policy and our use of your information in compliance thereof.
YOU ARE EXPRESSLY PROHIBITED FROM DISCLOSING THE SOFTWARE TO ANY PERSON OR ENTITY OR PERMITTING ANY PERSON OR ENTITY ACCESS TO OR USE OF THE SOFTWARE OTHER THAN IN ACCORDANCE WITH THIS AGREEMENT.
Disclaimers
The Software is provided to you “as-is” basis and with all faults and defects, without warranties of any kind, either express or implied unless described in our Terms and Conditions. Company and its licensors disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non infringement. Company does not represent or warrant that the Software is free of bugs, errors, viruses, or other defects that the Software will transmit data in a secure manner. Company and its licensors shall have no liability of any kind for the use of or the inability to use the Software.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last. To the extent that those laws apply to this Agreement, the exclusions and limitations set forth above may not apply.
Indemnification
You will defend, indemnify and hold harmless Company and its affiliates, independent contractors, service providers, suppliers, partners, resellers, distributors, and consultants, and their respective directors, offers, employees, and agents (collectively the “Company Parties”) from and against any third party claims, suits, or actions, and any resulting damages, costs, liabilities, and expenses (including but not limited to, reasonable attorneys’ fees) arising out of or related to: your use of, or inability to use the Software or your violation of any terms of this Agreement.
Limitation of Liability
In no event shall any of the Company Parties be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the software, even if a Company Party has been advised of the possibility of such damages. In no event shall the aggregate liability of the Company Parties, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability or other theory, arising out of or relating to this Agreement or the Software exceed the compensation you have paid, if any, to Company for use of the Software.
Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent that those laws apply to this Agreement, the exclusions and limitations set forth above may not apply.
Termination
Company may terminate this Agreement at any time, with or without cause, immediately upon notice to you. Company may also discontinue the Company Services with which the Software is used, in which case this Agreement will terminate automatically without notice to you. You may terminate this Agreement by canceling your account opened in connection with your use of the Software.
Governing Law; Jurisdiction
Unless otherwise prohibited by local law, this Agreement is governed by the laws of the State of Wisconsin, without regard to any conflict of law principles to the contrary. You hereby irrevocably consent to jurisdiction of the state and federal courts located in the United States of America with respect to any proceeding arising from this Agreement or the Software.
clkclk is currently limited to only those located and accessing the tool from within the United States of America. clkclk is not intended for use outside of the United States of America. If you are located outside of the United States of America, or accessing the tool from outside the United States of America, please cease using the Software immediately.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
Contact Information
If you have any questions or comments about this Terms of Service, please contact us via one of the options below:
By emailing us at support@clkclk.com
By post:
CLK CLK, Inc.
Attn: clkclk
735 North Water Street, Suite 930
Milwaukee, WI 53202