END USER LICENSE AGREEMENT
TotalCare PC Software
Effective Date: November 1, 2024
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE.
This End User License Agreement ("Agreement") is a legal contract between you ("User" or "you") and Ecom Catalyst Ltd ("Company" or "we"), located at 432a Edgware Road, London, United Kingdom, W2 1EG, governing your use of the TotalCare PC software ("Software").
1. ACCEPTANCE OF TERMS
By downloading, installing, or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not install or use the Software.
2. LICENSE GRANT
The Company grants you a non-exclusive, non-transferable, revocable license to install and use the Software on a single device for personal or internal business purposes, in accordance with the terms of this Agreement.
3. LICENSE RESTRICTIONS
You agree not to:
- Modify, reverse engineer, decompile, or disassemble the Software.
- Rent, lease, lend, sell, redistribute, or sublicense the Software.
- Use the Software for any unlawful or prohibited activities.
4. INTELLECTUAL PROPERTY RIGHTS
The Software is protected by copyright and other intellectual property laws. All rights, title, and interest in and to the Software, including all associated intellectual property rights, remain with the Company.
5. UPDATES AND UPGRADES
The Company may provide updates or upgrades to the Software. Such updates or upgrades are subject to the terms of this Agreement unless accompanied by a separate license agreement.
6. DISCLAIMER OF WARRANTIES
The Software is provided "as is" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of the use of or inability to use the Software.
8. TERMINATION
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term(s) of this Agreement. Upon termination, you must cease all use of the Software and destroy all copies.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of laws principles.
10. CONTACT INFORMATION
For any questions or concerns regarding this Agreement or the Software, please contact us at:
Ecom Catalyst Ltd
432a Edgware Road
W2 1EG
London, United Kingdom
Email: [email protected]
11. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and the Company regarding the use of the Software and supersedes all prior or contemporaneous understandings.
12. SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13. WAIVER
The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of future enforcement of that right or provision.
14. ASSIGNMENT
You may not assign this Agreement or any rights or obligations herein without the prior written consent of the Company.
15. AMENDMENTS
The Company reserves the right to modify this Agreement at any time. Your continued use of the Software after any such modification constitutes your acceptance of the new terms.
16. THIRD-PARTY SOFTWARE
The Software may include third-party software components that are subject to separate license agreements. Your use of such components is governed by the terms of the respective licenses.
17. DISPUTE RESOLUTION
Any disputes arising out of or in connection with this Agreement shall be resolved through amicable negotiations. If such negotiations fail, disputes shall be submitted to the competent courts of the United Kingdom.
18. PRIVACY POLICY
Your use of the Software is also governed by our Privacy Policy, which can be found at [Privacy Policy URL].
19. ACKNOWLEDGEMENT
By installing or using the Software, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.
20. EXPORT RESTRICTIONS
You agree to comply with all applicable international and national laws that apply to the Software, including the export and import regulations.
21. NO THIRD-PARTY BENEFICIARIES
This Agreement is intended solely for the benefit of you and the Company.
22. LANGUAGE
This Agreement is made in the English language.
23. ELECTRONIC SIGNATURES
Your installation and use of the Software constitute your acceptance of this Agreement, and you agree to the use of electronic communications to enter into contracts and place orders.
24. SUPPORT SERVICES
The Company may provide you with support services related to the Software. Any supplemental software code provided to you as part of the support services shall be considered part of the Software and subject to the terms of this Agreement.