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End user license agreement (EULA)



Last updated: April 2019

The Company agrees to comply with and shall ensure that its Customers who use the Solutions are bound by the terms of their Agreement with the Company to comply with the following license agreement requirements (the “EULA Requirements”):

1. An acknowledgement and agreement from the Customer that the Customer is lawfully able to enter into a binding contractual commitment with Company and all information provided by the Customer is true, accurate and complete and will be maintained as such through the term of use of the Solutions.

2. An acknowledgement and agreement from the Customer that the provision of the Solutions, as white-labelled for Company, may be suspended and/or terminated in the event the Customer does not comply with the EULA Requirements.

3. An acknowledgement and agreement from the Customer that, as between the Customer and the Company, the Solutions and all intellectual property rights therein, including patent, copyright, and trademark rights, are the sole and exclusive property of Company and/or its technology partners.

4. An acknowledgement and agreement from the Customer:
a. To comply with all applicable laws, rules, and regulation in connection with its use of the Solutions and the sites derived from such use, including without limitation all Data Protection Laws, privacy, and bulk email laws of all applicable jurisdictions;

b. Not to reverse engineer, decompile, disassemble other otherwise attempt to derive the source code of any portion of the Solutions or remove any trademarks, service marks, logos, license disclosures included within the Solutions;

c. Not to copy, distribute, sell, resell, rent, license, sublicense, transfer, or assign any portion of the Solutions, including without limitation all software, informational text, software documentation, design of and “look and feel” of the Solutions and all templates from which the sites are developed utilizing the Solutions, all photographs, graphics, audio, video, functionality, files, and documents sourced from the Solutions;

d. Not to post or allow any Internet end user to post any content to the Customer sites derived from use of the Solutions that: (i) contains viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines; (ii) is unlawful, harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene (including without limitation pornography), profane, hateful, racially, ethnically, or otherwise objectionable, including, without limitation, any material that supports or otherwise encourages wrongful conduct or that would constitute a criminal offense; (iii) is spam, machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts; and/or (iv) gives rise to civil liability, bring disrepute onto Company or its technology partners or otherwise violate any applicable state, national or international laws;

e. That it is responsible (and Company and its technology partners are not responsible) for all data, including Personal Data, collected, maintained, processed, stored, retained, deleted and curated in connection with the Customer sites derived from use of the Solutions, including risk of loss and compliance with all applicable laws in connection with the foregoing;

f. That if usage of the Customer sites derived from use of the Solutions unduly strains or burdens the Solutions or causes disproportionately large amounts of traffic, such Customer sites may be immediately suspended, altered and/or terminated;

g. That use of and access to an Customer account or any other part of the Solutions may be limited or restricted if necessary as determined by Company and/or its technology partners in their sole discretion;

h. That it must maintain a valid and lawfully binding terms of service and privacy policy on each Customer site derived from use of the Solutions;

i. That Company and its technology partners shall be given all necessary licenses and rights to use materials provided by Customer to perform the Solutions as contemplated by the Agreement;

j. That no bulk emails may be sent using the Solutions, except in compliance with applicable Third Party Service Terms set forth in the Third-Party Services & Terms section below and all applicable law.

5. An acknowledgement and agreement from the Customer to comply with all Third Party Service Terms required by providers of Third Party Services prior to the use of such applicable Third Party Service, subject to such updates thereto as Company and/or its technology partners, including Third Party Service providers, deem necessary or appropriate.

6. An acknowledgement and agreement from the Customer that there is no warranty with respect to the Solutions and/or the Customer sites derived from the use thereof and all implied warranties are disclaimed in their entirety to the fullest extent allowable under applicable law.

7. An acknowledgement and agreement from the Customer that it is responsible for and will indemnify Company and its technology partners for any violation by Customer or its Internet users of the EULA Requirements.

8. An acknowledgement and agreement from the Customer that the Customer: (i) is solely responsible for ensuring that the configuration of the Customer website created utilizing the Solutions, including graphical elements of text, color, video and interactive features, is compliant with all guidelines, industry standards, and other non-governmental and/or quasi-governmental standards, including without limitation, the Web Content Accessibility Guidelines (WCAG) 2.0; and (ii) shall hold harmless Company and Company’s technology partners from and against any claims arising from a failure to comply with the foregoing.

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