END USER LICENSE AGREEMENT
By clicking on the “ACCEPT” during the installation process, or by continuing to use the software, or by continuing to use UPaaS service or USaaS service, you (hereafter “End User”) acknowledge and agree that you have carefully reviewed the following terms and conditions of the End User License Agreement (“EULA” or “Agreement”), and represent that (1) you are of full legal age and have full authority to enter into this EULA with Bluu, Inc (“BLUU”), (2) that you have read and understand the terms and conditions of the EULA, and (3) that you consent to be bound by and become a party to this EULA.
1 LICENSE EULA grants you, the SOFTWARE end-user a limited, non-exclusive, non-sublicensable license for the term of this EULA to use the SOFTWARE in object code form in conjunction with the access and use of the SERVICES for your internal business purposes only. You may install and use the SOFTWARE and the SERVICES only on approved rented or purchased equipment as provided by BLUUPRODUCT, on a single computer or mobile device having a single processor.
2 GRANT OF LICENSE. means Bluu, Inc., and its affiliates, agents and subcontractors.
3 TRANSFER OR ASSIGNMENT. The SOFTWARE and the SERVICES may not be transferred or assigned to a third party without a written authorization or permission from BLUU.
4 NO RETURNS OR REFUNDS. BLUU does not accept any returns and/or issue refunds whatsoever for the SOFTWARE or the SERVICES under any circumstances.
5 AUTHORIZED USER ACCESS ONLY. The use of the SOFTWARE and the SERVICES are limited to authorized users with secure LOGIN and PASSWORD. You are responsible for safekeeping of LOGIN and PASSWORD information, and you may not share or otherwise display such information to allow or otherwise enable unauthorized third party to gain access to the SOFTWARE and the SERVICES. You agree that you cannot disclose to any third party nor allow any third party to have access to LOGIN and/or PASSWORD, except for an authorized employee or staff member to use the SOFTWARE and the SERVICES for internal business purposes.
6 OWNERSHIP. BLUU, its affiliates and/or its licensor(s) own all right, title, and interest in and to the SOFTWARE and the SERVICES. Except as set forth herein, the EULA grants you no right, title, or interest in any intellectual property owned or licensed by BLUU, including (but not limited to) the SOFTWARE, the SERVICES, and BLUU trademarks (including but not limited to any images, photographs, animation, video, audio, music, text, database, and applets incorporated into the SOFTWARE or the SERVICES), the accompanying, printed materials and any copies of the SOFTWARE or the SERVICES are owned by BLUU. You may not copy the any printed materials accompanying the SOFTWARE or the SERVICES without a written permission from BLUU.
7 USE RESTRICTION. You acknowledge that use of the SOFWTARE and the SERVICES for purposes such as Competitor Evaluation, Reverse Engineering, Decompilation, and Disassembly is a violation of this EULA and you agree that such use constitutes material breach of this EULA.
8 DISCLAIMER OF WARRANTY AND EXCLUSION OF CLAIMS. The SOFTWARE and the SERVICES are provided “AS IS” without warranty of any kind. To the maximum extent permitted by the applicable law, BLUU further disclaims all warranties, whether express, implied, statutory, or by estoppels, including without limitation any implied warranties of merchantability, or fitness for a particular purpose. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL BLUU BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR ONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, THE SOFTWARE, OR RELATED CONTENT THROUGH THE SOFTWARE OR THE SERVICES OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE OR THE SERIVCES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA.
9 INDEMNIFICATION. Neither BLUU nor Reseller shall have liability for any indirect, special, or consequential damages, including lost profits, arising in connection with the furnishing, performance, or use of the Devices (i.e., computer, tablet, printer, monitor, kiosk, and peripherals) or the performance of the SERVICES under this Agreement. You shall defend, indemnify and hold harmless BLUU and/or Reseller from and against any and all claims, losses, liabilities, costs (including attorney’s fees), damages and expenses arising from or related to: (a) your breach of this Agreement; (b) any negligent or willful act or omission by you; (c) any third party claim arising out of the processing services provided to you and/or your use of the Equipment; (d) any infringement of any patent, trademark, copyright, publicity, privacy, trade secret, or other right of any third party by you, including, without limitation, in connection with your Content or BLUU’s use thereof; (e) your use or handling of your customer data.
10 GOVERNING LAW; CONSENT TO VENUE AND JURISDICTION; WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with, and governed by, the internal laws of the State of New Jersey without reference to its conflict of law rules. You and BLUU agree that each may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. All actions, proceedings or litigation shall be instituted and prosecuted in the Superior Court of New Jersey, Bergen County, or the United States District Court for the District of New Jersey. By execution and delivery of this Agreement, each party hereby agrees and accepts to subject themselves to the exclusive jurisdiction of the aforementioned courts. Each party irrevocably consents to the service of process of any of the aforementioned courts in any such action or proceeding by the mailing of copies thereof by certified mail, postage prepaid, or overnight courier. BOTH PARTIES WAIVE, INSOFAR AS PERMITTED BY LAW, TRIAL BY JURY IN ANY ACTION, PROCEEDING OR LITIGATION BETWEEN BLUU AND END USER.
