End-user license agreement (EULA)
In order to protect your privacy, The Future Tech does not collect personal data or transmit them, not even in anonymized form, to anyone.
IMPORTANT – READ THESE TERMS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THIS APPLICATION SOFTWARE. BY DOWNLOADING OR INSTALLING THIS APPLICATION SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” OR “PURCHASER” SHALL REFER TO ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT DOWNLOAD OR INSTALL THIS APPLICATION SOFTWARE.
1. Grant of Application software License: Subject to the terms and conditions and except as otherwise provided in this License Agreement, iSellerly grants to You a limited, non-exclusive, non-transferable and non-assignable license to iSellerly Application software, modules, and feature(s) (the “Application software”) for Your business purposes only and for a term of One (1) year from the date you received or download the Application software (the “Term”).
As used herein the “Application software” is subject to licenses, you do not have any rights in or to the Application software except as expressly granted in this License Agreement. iSellerly retains all copyright, trademarks, patent, and other intellectual property rights to the Application software. You acknowledge that the Application software, all copies of the Application software, any derivative works, compilations, and collective works of the Application software, and any know-how and trade secrets related to the Application software are the sole and exclusive property of iSellerly.com and contain iSellerly’s confidential and proprietary materials.
2. General Limitations: Except as otherwise expressly provided under this License Agreement, You shall have no right, and You specifically agree not to: 2.1 Utilize the Application software beyond the applicable Term; 2.2 Transfer, assign or sublicense Your license rights to any other person, and any such attempted transfer, assignment or sublicense shall be void; 2.3 Provide, divulge, disclose, or make available to, or permit the use of the Application software by any third party; 2.4 Sell, resell, license, sublicense, distribute, rent or lease the Application software or include the Application software in a service bureau or outsourcing offering;2.5 Make error corrections to or otherwise modify or adapt the Application software or create derivative works based upon the Application software, or to permit third parties to do the same;2.6 Decompile, decrypt, reverse engineer, disassemble or otherwise reduce the Application software to human-readable form, or to permit third parties to do the same;2.7 Circumvent or disable any features or technological protection measures in the Application software;
3. NON-DISCLOSURE: You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you who come into contact with or access the Licensed Software, and to use reasonable efforts to ensure their compliance with such terms and conditions, including but not limited to, not knowingly permitting such persons to use any portion of the Licensed Software for a purpose that is not allowed under this Agreement. Such obligations of confidentiality and non-use shall not apply to any information known to iSellerly or You prior to entry into this Agreement, or information which becomes generally known publicly without a breach of this Agreement, or is required to be disclosed by any Court or other competent authority.
4. FEES: Depends on the Plan selected at the time of purchase.
5. SUPPORT: As part of subscription license, iSellerly provides support that includes email support for problem reporting, product updates, upgrades and online access to product documentation at no additional cost for the period of subscription. You may purchase technical support services by paying the then current maintenance and support fee. 5.1 Technical: 5.1.1 On continued and regular payment of fees, Technical support is provided in the first instance by email. Technical support does not include support related to the integration of iSellerly with third party software and systems. 5.2 Support Hours: Mon to Friday 9.30 to 11.30 hours. 4.3.1 Support is provided during normal UK office hours 9.30am to 1pm, Monday to Friday. Bank Holidays are excluded. We endeavour to acknowledge your query within 1 working hour of receipt and to respond with either a resolution or planned resolution within 2 working days should one be required. 5.3 Marketplace changes: 5.3.1 On continued and regular payment of fees, Upgrades of the application software support available with arranged date and time. 5.3.2 When marketplace make any changes, it can take up to 7 working days to update new changes in this Application software from the implemented date on the marketplace and another two working days before we send out new updated version to you, at no additional cost for the period of subscription. 5.3.3 You can ask us for the refund on proportional licenced fees related to 5.3.2 only. (For Example: we took 11 working days to send you new updated application, you can claim for 11-9= 2 days of refund from your yearly licenced fees by contacting us.). 5.4 Additional Charges:5.4.1 From time to time You may require support, assistance or training over and above that which would be described as normal or typical. In such cases iSellerly shall discuss such requirements with You and enter into good faith negotiations to arrive at a suitable fee for such additional services. 5.4.2 Similarly iSellerly may charge fees for integration activities if requested, such integration activities and arrangements will be agreed by The Parties in advance. 5.4.3 In certain cases we may require to charge for complex, or lengthy, on-boarding activities and will discuss this with you prior to any costs being incurred.
6. Limited Warranty & Limitation of Liability: THE APPLICATION SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ALL EXPRESS, IMPLIED OR STATUTORY CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. NEITHER iSELLERLY NOR ITS LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR YOUR ACTION, OR FAILURE TO ACT, IN RELIANCE ON ANY INFORMATION FURNISHED AS PART OF THE APPLICATION SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR NETWORK AND COMPUTER SYSTEMS. NEITHER iSELLERLY NOR ITS LICENSORS OR DISTRIBUTORS REPRESENT, WARRANT, OR GUARANTEE THAT (A) SECURITY THREATS, MALICIOUS CODE AND/OR VULNERABILITIES WILL BE IDENTIFIED, OR (B) THE CONTENT WILL RENDER YOUR NETWORK AND SYSTEMS SAFE FROM MALICIOUS CODE, VULNERABILITIES, INTRUSIONS, OR OTHER SECURITY BREACHES, (C) EVERY VULNERABILITY ON EVERY TESTED SYSTEM OR APPLICATION WILL BE DISCOVERED, OR (D) THERE WILL BE NO FALSE POSITIVES IN NO EVENT WILL iSELLERLY OR ITS LICENSORS OR DISTRIBUTORS BE LIABLE TO YOU OR YOUR EMPLOYEES, OR ANY THIRD PARTY, FOR ANY LOST REVENUE, PROFIT, OR DATA, BUSINESS INTERRUPTION, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPLICATION SOFTWARE EVEN IF iSELLERLY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL iSELLERLY BE LIABLE TO YOU, WHETHER IN CONTRACT, WARRANTY OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EXCEED THE FEE PAID BY YOU. iSELLERLY’S ENTIRE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE LICENSED SOFTWARE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE LICENSED SOFTWARE. PURCHASER (“YOU”) ACCEPTS THAT THEY ARE RESPONSIBLE FOR MEETING ALL OBLIGATIONS PLACED ON THEM BY THE MARKETPLACES THAT THEY ENTER INTO AGREEMENTS WITH; AND THAT THEY WILL ABIDE BY THE RULES PLACED UPON THEM BY SUCH ORGANISATIONS.
7. Term and Termination: This License Agreement is effective until terminated or the end of the Term. You may terminate this License Agreement at any time (i) by destroying all copies of Application software, related documentation, analysis data and report and purging same from memory devices (required at the end of a Term). Your rights under this License Agreement will terminate immediately without notice from iSellerly if You fail to comply with any provision of this Agreement. Upon any termination, you must destroy all copies of Application software and related documentation and purge same from memory devices. All provisions of this License Agreement relating to disclaimers of warranties, limitation of liabilities, remedies, damages protection of information and shall survive termination. You must renew your license at least 10 days before the expiry of the subscription period in order to continue using the Licensed Software. If you do not renew the license, you agree to stop using the Licensed Software after end of the subscription period and remove the Licensed Software from your systems.
8. General: This License Agreement shall be governed by and construed in accordance with the laws of the INDIA. If you are a resident of any country, you agree to submit to the personal jurisdiction of the courts in Nadiad, Gujarat, India. And each party is responsible for bearing its own expenses in relation to this agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior communications, understandings or agreements between the parties. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable, the remainder shall be interpreted so as to reasonable effect the intention of the parties.
9. Notices and Amendments to this Agreement: 9.1 iSellerly reserves the right, at its sole discretion, to modify or replace this Agreement at any time. we will provide at least 15 days’ notice prior to any new terms taking effect. All notices under this agreement are deemed delivered by email. You may contact iSellerly at info@iSellerly.com or on our website at www. iSellerly.com. 9.2 By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
!Sellerly 