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End User License Agreement

Last updated: December 23, 2024

END USER LICENSE AGREEMENT (EULA)

IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PROVIDED BY TicToz. BY INSTALLING, COPYING, OR OTHERWISE USING 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.

This Agreement is between you and TicToz, the provider of the Software.

License Grant

License Type

TicToz grants you a non-exclusive, non-transferable, and limited license to install and use the Software on a specified number of devices, as detailed in the license type you have purchased (e.g., business license, enterprise license).

License Scope

You may:

Licensed Software Definition

The term "Licensed Software" refers to all components and materials provided under this Agreement, including but not limited to the contents of the files, disks, CD-ROMs, DVDs, or other media on which the Software is delivered. The "Licensed Software" includes, without limitation:

Third-Party Software:

Any third-party computer programs, libraries, or software components that the Licensor has legally licensed for inclusion in the Licensed Software, which may be subject to separate licensing terms.

Documentation:

All written or digital materials, including user manuals, technical guides, help files, installation instructions, and any other related documentation that accompanies the Software, collectively referred to as "Documentation."

Fonts:

Any fonts, typefaces, or other typographical elements that are embedded in or included as part of the Licensed Software.

Modifications and Updates: Any modified versions, updates, patches, enhancements, additions, or new releases of the Licensed Software that may be provided by the Licensor, including any fixes, improvements, or new features.

Copies:

Any authorized copies of the Software, including backups or installations made by the Licensee for purposes such as storage, recovery, or further use in accordance with the terms of this Agreement.

License Restrictions

You may not:

License Transfer

The license granted to you is non-transferable and non-sublicensable without prior written consent from TicToz.

Licensee Publicity Rights

By using the Software, you allow TicToz a limited, non-exclusive, and revocable right to feature your name in promotional materials, such as case studies, testimonials, marketing content, and at industry events, solely for the purpose of identifying you as a customer. Any such usage will be accurate, non-deceptive, and will not suggest endorsement of TicToz’s products or services beyond your use of the Software.

All such uses will require your prior written consent, and you may withdraw this consent at any time by providing written notice. Upon receiving your notice, TicToz will stop using your name in any new promotional content within thirty (30) days. However, TicToz may continue to use any existing materials that are not reasonably alterable or retrievable.

Intellectual Property

All intellectual property rights in the Software, including but not limited to copyrights, trademarks, patents, trade secrets, and any other proprietary rights, are owned exclusively by TicToz and its licensors. This includes, without limitation, the Software’s source code, object code, algorithms, designs, user interface, content, and all associated documentation. These intellectual property rights are protected by applicable laws, including copyright and patent laws, as well as international treaties.

You acknowledge that, by using the Software, you are granted only a limited, non-exclusive, non-transferable license to use the Software in accordance with the terms set forth in this Agreement. This license does not confer any ownership rights or interest in the Software, and you agree that you will not claim any ownership, modify, copy, distribute, reverse-engineer, decompile, or otherwise exploit the Software, except as expressly permitted by this Agreement.

Any unauthorized use, reproduction, distribution, or modification of the Software, or any attempt to reverse-engineer or bypass the software’s protections, is strictly prohibited and may result in termination of this Agreement and legal action.

You also acknowledge that any modifications, enhancements, updates, or derivative works created by you or TicToz to the Software will be the sole and exclusive property of TicToz, unless otherwise agreed in writing. All rights not expressly granted to you under this Agreement are reserved by TicToz and its licensors.

Privacy and Data Usage

Data Collection

TicToz may collect data such as system logs, crash reports, and usage statistics for the purpose of improving the Software. This data will be handled as per TicToz’s Privacy Policy.

Use of Data

By using the Software, you consent to TicToz’s collection and use of your data in compliance with its Privacy Policy.

Third-Party Data

The Software may integrate with third-party services, and TicToz is not responsible for the privacy practices of those services.

Warranties and Disclaimers

No Warranty

THE SOFTWARE IS PROVIDED "AS IS" AND TicToz DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Warranty

TicToz does not guarantee that the Software will be error-free, uninterrupted, or free from viruses. You use the Software at your own risk.

Disclaimers

TicToz disclaims all liability for any indirect, special, incidental, or consequential damages arising from your use of the Software.

Limitation of Liability

Exclusion of Damages

TicToz IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SOFTWARE.

Maximum Liability

The maximum liability of TicToz is limited to the amount you paid for the software.

Export Restrictions

You agree to comply with applicable export control laws when using or distributing the software.

Indemnification

You agree to protect, defend, and indemnify TicToz against any claims, damages, losses, liabilities, or expenses resulting from your use of the Software or any breach of this Agreement.

Term and Termination

Term

This Agreement is effective until terminated by either party.

Termination by User

You may terminate this Agreement at any time by uninstalling the software.

Termination by TicToz

TicToz reserves the right to terminate this Agreement immediately if you violate any of its terms. Upon termination, you are required to stop using the Software and delete all copies in your possession.

Effect of Termination

Upon termination, your authorization to use the Software will immediately cease, and you must discontinue all use and uninstall the Software from all devices. Termination will not affect any rights or obligations that have already been accrued up to the termination date.

Governing Law and Dispute Resolution

Governing Law

This Agreement shall be governed by the laws of [Your Jurisdiction]. Any disputes will be resolved by arbitration in [Your Location].

Dispute Resolution

Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration in [Your Location], in accordance with the rules and procedures of [Arbitration Institution]. If arbitration is not applicable or enforceable, the parties agree that any disputes will be resolved in the courts of [Your Jurisdiction], and you consent to the jurisdiction of those courts.

Class Action Waiver

You agree that any claims, disputes, or legal actions arising under or related to this Agreement will be resolved on an individual basis. You waive any right to participate in a class action, representative action, or consolidated proceeding related to this Agreement. Each party agrees that no claims will be adjudicated in a group or class proceeding, whether class arbitration or class litigation.

Third-Party Components or Services

Third-Party Software

The Software may include third-party software components, libraries, or tools that are licensed under separate agreements. By using the Software, you agree to comply with the terms and conditions of these third-party licenses, which may impose additional obligations or restrictions.

Third-Party Services

The Software may integrate with services or features provided by third-party companies. These third-party services are governed by their own terms of service, privacy policies, and any other applicable agreements. By using these integrated features, you agree to comply with the terms set forth by the third-party service providers.

Installation

To properly install the Software, you must follow the installation instructions provided by TicToz. These instructions include any system requirements, compatibility information, and necessary steps to complete the installation process. It is important to ensure that your system meets the required specifications for optimal performance.

Activation

Upon completing the installation of the Software, you may be required to activate it in order to access its full functionality. Activation may involve entering an activation code, completing an online registration process, or using any other method specified by TicToz.

Software Updates and Improvements

Automatic Updates and Modifications

The Software may automatically receive updates, bug fixes, and performance improvements as part of ongoing maintenance. These updates are designed to enhance the functionality of the Software and address any security or operational issues. Updates will be governed by the terms of this Agreement, unless otherwise stated.

Software Improvement Program

The Software may include a feature that collects anonymous usage data, which helps TicToz improve future versions and optimize the user experience. This information may include system configurations, performance metrics, and error logs. Participation in this data collection program is generally optional, and you can choose to opt in or out at any time through the Software settings.

Evaluation Copy

If you are using an evaluation or trial version of the Software, you agree to the terms associated with such a copy. The trial version may have certain limitations, such as restricted functionality or an expiration date. Once the trial period ends, you must either purchase a full license to continue using the Software or cease using it entirely.

Support

TicToz offers technical support for users of the Software, including assistance with installation, activation, and troubleshooting. Support is provided through various channels, such as email, online chat, or a dedicated help desk. Please refer to the Software's documentation for detailed instructions on how to contact support.

Severability

If any provision of this Agreement is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, such provision will be modified or severed to the minimum extent necessary to ensure the validity and enforceability of the remaining provisions. The invalidity or unenforceability of a specific clause does not affect the enforceability of the rest of the Agreement, which will remain in full force and effect.

Entire Agreement and Amendments

Entire Agreement

This Agreement constitutes the complete and exclusive understanding between you and TicToz concerning the Software and supersedes any prior agreements, communications, or understandings, whether written or oral, regarding the subject matter of this Agreement. No additional terms or conditions will be binding unless incorporated into this Agreement by formal written amendment.

Amendments

TicToz reserves the right to revise or update this Agreement at any time. Changes will become effective once you are notified, either through the Software, via email, or on the TicToz website. For substantial changes, your continued use of the Software after being notified will be considered acceptance of the updated terms. In some cases, you may be asked to provide explicit consent to the amended Agreement before proceeding with further use of the Software. If you do not agree with the modifications, you may terminate this Agreement by ceasing to use the Software.

End-User Generated Content

This section outlines the terms concerning any content created by you using the Software, including the ownership of such content and TicToz’s rights to use, display, or distribute it. You retain ownership of the content you generate, but you acknowledge that TicToz may use it in accordance with the terms of this Agreement.

Acceptance of Terms

By installing or using the Software, you acknowledge that you have read and agree to the terms of this Agreement.

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