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ComTrack End User License Agreement (EULA)

Last Updated: [09/29/2024]

This End User License Agreement (“Agreement”) is a legal agreement between you (“User” or “You”) and ComTrack, a product of Zues Software Inc. (“ComTrack”, “We”, “Us”, “Our”). By installing, accessing, or using the ComTrack software and services (the “Software”), you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, do not install or use the Software.

1. Grant of License

ComTrack grants you a non-exclusive, non-transferable, revocable license to use the Software solely for your internal business purposes, subject to the terms and conditions of this Agreement.

2. Restrictions on Use

You shall not, and shall not permit others to:

  • Copy, modify, adapt, translate, decompile, reverse-engineer, disassemble, or create derivative works of the Software.
  • Use the Software for any illegal or unauthorized purpose.
  • Transfer, sublicense, lease, or distribute the Software to any third party without written consent from ComTrack.

3. Ownership

The Software is licensed, not sold. ComTrack retains all ownership rights, title, and interest in and to the Software, including all intellectual property rights.

4. Privacy Policy

Your use of the Software is also governed by our Privacy Policy, located at https://comtrack.io/privacy-policy, which explains how we collect, use, and protect your personal information.

5. No Warranties

The Software is provided “AS IS” without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. ComTrack does not warrant that the Software will be error-free or that its use will be uninterrupted.

6. Limitation of Liability

To the maximum extent permitted by applicable law, ComTrack shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages, or any loss of data, revenue, or profits, arising from or related to the use of the Software, even if ComTrack has been advised of the possibility of such damages. This includes, but is not limited to, liability for damages resulting from inaccuracies or miscalculations of commissions or other financial data when using the Software.

You acknowledge that the Software is a tool for tracking commissions and that ComTrack is not responsible for any business decisions or financial outcomes based on the data provided by the Software.

7. Indemnification

You agree to indemnify, defend, and hold harmless ComTrack, its officers, directors, employees, agents, and affiliates, from and against any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from your use of the Software, your violation of this Agreement, or your infringement of any intellectual property or other rights of any third party.

8. Termination

This Agreement is effective until terminated. ComTrack may terminate this Agreement at any time if you violate any of the terms. Upon termination, you must immediately stop using the Software and destroy all copies in your possession.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of [Insert Jurisdiction], without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located in [Insert Jurisdiction].

10. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [Insert Location], and the decision of the arbitrator shall be final and binding.

11. Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.

12. Entire Agreement

This Agreement, along with the Terms of Service https://comtrack.io/terms-of-service and Privacy Policy https://comtrack.io/privacy-policy, constitutes the entire agreement between you and ComTrack concerning the Software and supersedes any prior agreements.

 

By using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.