IMPORTANT - READ CAREFULLY
This End-User License Agreement (herein referred to as "Agreement") is a legal agreement
between you (is an individual person and the legal entity the person is representing
as a client of Injala, will be referred to in this Agreement as "you" or “your”)
and ECN2, Inc. DBA Injala Products (herein referred to as "Injala") for the online
usage of Injala Portal (herein referred to as “Software”) an Application
Services Provider (herein referred to as “ASP”) Software, which includes all software
components and Web pages. By clicking "I agree", using any part of Software over
the Web, you agree to be bound by the terms of this Agreement. If you do not agree
to the terms of this Agreement, click “I Do Not Agree” to go back to the previously
viewed Web page.
1. GRANT OF NON-EXCLUSIVE, LIMITED LICENSE
The Software is licensed, not sold. Any rights not clearly and expressly granted
to you under this Agreement are reserved to Injala. Provided you have complied
with this Agreement, Injala grants you the personal, perpetual (subject to
termination as set forth below), non-exclusive, limited rights to use the Software
over the Web on one or more computers, but with only one concurrent access to the
Software per user, solely for the purpose of supporting operations of your business.
Sharing of one user login between two individuals is not permitted. Notwithstanding
anything to the contrary, you may not use the software in a resale capacity.
2. INTELLECTUAL PROPERTY RIGHTS
All right, title and interest in and to the Software (including but not limited
to, any images, photographs, animations, video, audio, music, and text incorporated
into the Software) are owned solely and exclusively by Injala. All intellectual
property rights (including without limitation, copyrights, trade-marks, patents,
trade secrets, trade names, industrial designs and all other intellectual and industrial
property rights) in the Software are owned solely and exclusively by Injala.
The Software is protected by copyright laws and international treaty provisions.
3. OTHER RESTRICTIONS
a) Limitations on Modifications or Reverse Engineering: You may not alter, modify,
disassemble, decompile, reverse-engineer, or create derivative works of the Software.
Non-compliance will result in termination of this agreement and all access to the
Software will be revoked immediately. b) No Separation of Components: The Software
is licensed as a single product, and neither the software components comprising
the Software nor Web pages they are hosted in may be separated for use at anytime.
c) Export: Any use of the Software or its technical data from anywhere in the world
may be restricted by U.S. export control laws, and accordingly you agree that you
are solely responsible for compliance with such laws before engaging in any such
export.
4. PRIVACY
The Privacy Policy is incorporated into this Agreement to govern the gathering,
use and disclosure of information collected from you. You may review the full text
of the Injala Privacy Policy (Link to privacy policy). All data is stored and
processed by Injala on its servers within the United States.
5. LIMITED WARRANTY
Injala represents and warrants that: (a) it is a corporation duly organized,
validly existing and in good standing under the jurisdiction of its formation; (b)
it has all requisite power and authority to execute this Agreement and to perform
its obligations hereunder; (c) the execution, delivery and performance of this Agreement
has been duly authorized and this Agreement is a valid and binding contract enforceable
in accordance with its terms; and (d) your use of any data, information, or materials,
including without limitation the Branding Materials and any information provided
by Injala does not and will not infringe, or constitute an infringement or
misappropriation of any Proprietary Right of any third party. Injala hereby
grant you a non-exclusive, non-transferable, fully paid license to use the Licensee
Proprietary Rights only in accordance with the terms and conditions of this Agreement.
6. LIMITATION OF LIABILITY
(a) IN NO EVENT SHALL EITHER PARTY, OR ITS SUPPLIERS, BE LIABLE TO THE OTHER FOR
ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT, WHETHER OR NOT SUCH PARTY
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY CASE, Injala SHALL NOT BE LIABLE
FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS PAID BY THE USER TO Injala DURING
THE PRECEDING 12 MONTHS PERIOD. (b) Injala MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION, IN CONNECTION WITH THIRD-PARTY APPLICATIONS, AND Injala SPECIFICALLY
DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS REGARDING ANY SERVICES PROVIDED UNDER
THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE OR NONINFRINGEMENT. (c) Injala shall not be responsible
for any delays, errors, failures to perform, interruptions or disruptions in the
Licensor Services caused by or resulting from any act, omission or condition beyond
Licensor's reasonable control, whether or not foreseeable or identified, including
without limitation, acts of God, strikes, lockouts, riots, acts of war, governmental
regulations, shortage of equipment, materials or supplies, fire, power failure,
earthquakes, severe weather, floods or other natural disaster, Users or any third
party's applications, hardware, software or communications equipment or facilities.
7. TERMINATION
The license can terminate automatically if you fail to comply with the terms, conditions,
or limitations contained in this Agreement. On termination, you shall stop using
the Portal Software online. Otherwise, this Agreement shall remain in force until
terminated. You may terminate this Agreement at any time (with no obligation on
the part of Injala) by ceasing all use of the Software online. The disclaimer
of warranty and limitations on liability shall continue in force even after your
rights to use the Software are terminated.
8. INFRINGEMENT
Injala shall indemnify and hold you harmless from any claim that the Software
infringes or violates and patent, copyright, or other intellectual property right
of any third party, provided you give Injala prompt notice of any such claim
and Injala shall have control of the defense or settlement of any such claim.
If your use of the Software is enjoined or is terminated by any settlement of such
a claim, Injala shall modify the Software so that it retains substantially
the same functionality but no longer infringes.
9. GOVERNING LAW
This agreement shall be governed exclusively by the laws of the state of Texas within
the county of Dallas. The state of Texas, county of Dallas shall have jurisdiction
over any matter arising out of or relating to this Agreement, and each of the Parties
hereby submits to the exclusive jurisdiction of such courts.
10. MISCELLANEOUS
This document constitutes the entire agreement of the parties regarding the subject
matter herein. To the extent that any provision of this Agreement is deemed to be
invalid, illegal or unenforceable, such provision shall be severed and deleted or
limited so as to give effect to the intent of the parties, and each remaining provision
shall remain in full force and effect.
The customer-provided profile image or graphics are neither processed nor are they reused
or distributed for any other purpose.
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