End User License Agreement
PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY INSTALLING OR USING THE INTY360 CATCH&REP SOFTWARE (“SOFTWARE”), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THEM, DO NOT INSTALL OR USE THE SOFTWARE. ADDITIONALLY, BY INSTALLING, COPYING OR USING THE UPDATES THAT YOU RECEIVE AS PART OF THE SOFTWARE MAINTENANCE, YOU AGREE TO BE BOUND BY THE ADDITIONAL TERMS OF LICENSE THAT ACCOMPANY SAID UPDATE. IF YOU DO NOT AGREE TO THEM, DO NOT INSTALL, COPY OR USE SAID UPDATE.
1. General. This EULA is a legal agreement between You (a person or individual entity) and Cirrus Software for Engineering SAC (hereinafter called “Inty360”) or any of its subsidiaries. This EULA governs the software (including its online and electronic documentation) and any other material presented either in printed form or in a storage device. This EULA governs updates, supplements, additional components, and also the technical support services related to the Software.
2. License Agreement. Under the Terms and Conditions of this EULA, Inty360 grants You a non-transferable and non-exclusive license to use the Inty360 Catch&Rep Software, only for the object code. Inty360 Catch&Rep grants the following rights, which are subject to compliance of all the Terms and Conditions of this EULA:
Inty360 Catch&Rep (Web component). You can access it by registering in Inty360 Catch&Rep from your web browser; access is free of charge and can be used without paying for licenses. You can purchase additional storage space and data transfer volumes with our subscription plans.
Inty360 Catch&Rep (Mobile component). You can install Inty360 Catch&Rep Mobile in an unlimited amount of mobile devices. It is offered as Freeware, which means it can be used without paying for licenses.
Inty360 Catch&Rep (Desktop component). You can install Inty360 Catch&Rep Desktop in an unlimited amount of computers. It is offered as Freeware, which means it can be used without paying for licenses.
3. License Restrictions. The Software is protected by copyright, intellectual and industrial property laws and treaties. Inty360 is the owner and holds all rights to the license, as well as copyright and intellectual property on the Software. The use of the Software is granted under license, and is not for sale. Inty360 reserves all rights not expressly granted to You in this EULA. You may not modify or alter the Software in any way. You cannot decompile, reverse engineer, disassemble, or alternatively, reduce the Software to a legible format by a human being in an attempt to derive the source code, which is a trade secret of Inty360.
4. Term. The license is effective during the term of the purchased subscription. You have the option or extending your subscription. If you do, you may continue using the Software until this extension expires.
The license will also terminate if you fail to comply with any Terms and Conditions of this EULA.
5. Consent to use of data. You accept that Inty360 and its subsidiaries may collect and use technical data that is collected periodically to facilitate the provision of software updates, product support, and other services to You (if any) related to the Inty360 Catch&Rep software, and to verify compliance of the conditions of this License. Inty360 can only use this information to improve its products or to provide You with services and technologies, and will not disclose this information in a way that personally identifies You.
6. Software maintenance. Technical support is provided only through email (firstname.lastname@example.org) and does not guarantee the time of response. Maintenance releases and updates may or may not include new features. Inty360 will make reasonable commercial efforts to respond to all inquiries via email within the following forty-eight (48) hours, during working hours (Mon-Fri 8 AM – 6 PM GMT-5), and will make reasonable efforts to provide alternative solutions (work-arounds) to errors reported in the Software.
Inty360 may, at its discretion, request written verification of the error or malfunction that You report, or request examples of support files that illustrate the problem. In these cases, You must promptly send the requested information via email, describing the details about how the Inty360 Catch&Rep software does not work properly. You will make reasonable efforts to cooperate in the diagnosis and study of the errors. Inty360 may include corrections to errors in maintenance releases and Software updates. Inty360 does not have the obligation to correct the errors. Technical support does not include general inquiries, assistance or advisory of any kind.
Updating the Inty360 Catch&Rep software may require prior installation of a software update not governed by this EULA. Operative system updates as well as application software updates that are specifically not governed by this EULA are your sole responsibility and are not covered by Inty36. The obligations of Inty360 included in this section are based on the proper use of the Software and compliance to the Terms and Conditions of this EULA. Inty360 does not have the obligation to lend the described technical support service if, in the opinion of Inty360, the Inty360 Catch&Rep software has failed due to the following conditions: (i) problems related to the software or hardware of the computer or smart phone; (ii) alterations, modifications or attempts to change the Inty360 Catch&Rep software without the written consent of Inty360; (iii) causes that are unrelated to the Inty360 Catch&Rep software, such as natural disasters, the failure or fluctuation of electricity, or failure in computer equipment.
It will be your sole responsibility to: (i) comply with all operation and maintenance procedures specified by Inty360 Catch&Rep, and immediately report any problem that arises along with detailed information about it; (ii) protect the security of your confidential information; (iii) establish as well as keep copies of necessary safety procedures that allow reconstructing files, data and programs in light of their possible alteration or loss.
Inty360 Catch&Rep reserves the right to discontinue the provision of technical support services for some of its programs, respecting the previously contracted service periods. In case that Inty360 decides to do this, Inty360 will inform You through a notice that will be published in the Support section of the Inty360 Webpage. This notice will include the date from which the Programs will no longer include technical support, as well as information about migration options (if any). These notices are subject to change.
7. Limited warranty. Inty360 Catch&Rep guarantees that the Software will perform in accordance with the documentation that is provided with it, and when it is used with the recommended hardware configuration. Inty360 does not guarantee that the Software will function free of errors or interruptions, or that Inty360 will correct all of the errors of the Software. Inty360 hereby disclaims the rest of warranties, whether express or implicit, including, but not limited to, the warranties of merchantability and fitness for a particular purpose.
In case that Inty360 fails to comply with any of the mentioned warranties, its sole and exclusive responsibility will be the following: a) regarding the Software: Inty360 will make its best efforts to correct the errors resulting from the non-compliance of the warranty, or if Inty360 would not be able to correct such errors in a commercially reasonable way, You may request a refund for the subscription period not yet utilized. Inty360 will reimburse (according to the rates that have been effectively paid) the period of the subscription that has not been used. The refunds described herein will be effective within 60 working days of the presentation of a written claim.
8. No Warranty. THE PRODUCT IS PROVIDED “AS IS”, WITH ALL ITS FAULTS. TO THE EXTENT PERMITTED BY LAW, INTY360, AS WELL AS THE DISTRIBUTORS OF INTY360, HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES THAT CONFIRM THAT THIS PRODUCT IS FREE OF DEFECTS, THAT IT IS NEGOTIABLE, FIT FOR A PARTICULAR PURPOSE, AND DOES NOT INFRINGE COPYRIGHTS. YOU WILL ASSUME RESPONSIBILITY FOR THE ENTIRE RISK IMPLIED IN SELECTING THE PRODUCT FOR YOUR OWN PURPOSES, AND ALSO AS TO ITS QUALITY AND PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OF WARRANTIES MAY NOT APPLY TO YOU.
9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, INTY360 AND ITS DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND PROXIES (COLLECTIVELY NAMED “INTY360 GROUP”) IN NO EVENT SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, THAT RESULT FROM THIS CONTRACT, OR THAT IS RELATED IN ANY WAY TO IT, OR FROM THE USE OR INABILITY TO USE THIS PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF COMMERCIAL PRESTIGE, BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF DATA AND COMPUTER FAILURE OR MALFUNCTION, EVEN WHEN IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) ON WHICH THE CLAIM IS BASED. THE COLLECTIVE RESPONSIBILITY OF INTY360 GROUP, UNDER THIS CONTRACT, WILL NOT EXCEED THE AMOUNT OF THE RIGHTS OF LICENSE THAT YOU WOULD HAVE PAID (IF YOU PAID ANY). IN THOSE JURISDICTIONS WHERE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IS PROHIBITED, THE RESPONSIBILITY OF INTY360 WILL BE LIMITED TO THE MAXIMUM AMOUNT PERMITTED BY LAW OF SAID JURISDICTIONS.
10. Export restrictions. This license is subject to all applicable export restrictions. You must comply with all the laws and restrictions related to exporting and importing, and those regulations of any state or authority which are related to the product and its use.
If any part of this Contract would be declared void or unenforceable, such part will be considered to reflect the original intention of the parties and the rest of its clauses will maintain full force and effect.
Conflicts with the United Nations Convention on Contracts for the International Sale of Goods are expressly excluded.
This EULA constitutes the entire agreement between Inty360 and You, and can only be modified by a written amendment, signed by an authorized executive of Inty360.