End User License Agreement (EULA)
This End User License Agreement (hereby the “Agreement”) sets out the terms and conditions upon which we license our software services, mobile and web applications and all other software including software embedded in hardware products (collectively, the “SOFTWARE”) for use. The SOFTWARE and accompanying documentation is licensed and not sold. The SOFTWARE is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Compacta International Ltd., and/or Smartenit, Inc. or its subsidiaries, affiliates and suppliers (hereby referred to as “COMPACTA”) own the intellectual property rights in the SOFTWARE. Your use, copy, or download of the SOFTWARE is subject to these rights and to all the terms and conditions of this Agreement.
SOFTWARE may or may not have an explicit “Accept Agreement”. In either case, by using the SOFTWARE, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to this Agreement, you must not use the SOFTWARE for any purpose whatsoever and/or return the SOFTWARE as appropriate.
Restriction on Transfer
You may not assign your rights and obligation under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer these rights and obligations without first obtaining the express written consent of COMPACTA.
Restrictions on Use, Copying and Alteration
You may not copy, decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code of the SOFTWARE. You may not modify the SOFTWARE or create any derivative work of the SOFTWARE or the accompanying documentation. Derivative works include, but are not limited to, translations, partially modified wording, excerpts, etc. You may not alter any files or libraries in any portion of the SOFTWARE. You may not reproduce any database portion or create any tables or reports relating to the database portion.
Warranties and Limitation of Liability
The SOFTWARE is covered by our Warranty as specified in our Warranty Policy document. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER COMPACTA, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, NOR ANY COMPACTA SOLUTION PROVIDER SHALL IN ANY WAY BE LIABLE TO YOU AND YOU HEREBY WAIVE ANY INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, TRAFFIC FINES OR CITATION, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, DAMAGES CAUSED BY DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS AND THE LIKE, ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE, EVEN IF COMPACTA OR A COMPACTA SOLUTION PROVIDER ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM SOUNDING IN TORT OR CONTRACT, OR UNDER WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION. IN NO EVENT SHALL COMPACTA’S LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF EXCEED THE PURCHASE PRICE OF THE COMPACTA SOFTWARE YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE SOFTWARE, WHICHEVER IS GREATER.
Rev. February 9, 2017