END USER LICENSE AGREEMENT

[INSERT NAME OF THE COMPANY] (HEREINAFTER REFERRED TO AS “WE”, “OUR”, “US”) OWNS THE COPYRIGHT, TRADEMARK, TRADE NAMES, PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS SUBSISTING IN OR USED IN CONNECTION WITH THE ENCLOSED [INSERT NAME OF SOFTWARE/APPLICATION] SOFTWARE/APPLICATION INCLUDING ALL DOCUMENTATION AND MANUALS AND ALL OTHER COPIES WHICH YOU ARE AUTHORIZED TO MAKE BY THIS AGREEMENT ("THE SOFTWARE"). IT IS UNLAWFUL TO LOAD THE SOFTWARE INTO A COMPUTER WITHOUT OUR LICENSE. WE ARE WILLING TO LICENSE USE OF THE SOFTWARE TO YOU (REFERRED TO AS “YOU”, “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE ACCEPTING THESE TERMS. BY CONFIRMING THE AGREEMENT IN THE BOX BELOW YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WE ARE NOT WILLING TO LICENSE THE SOFTWARE TO YOU AND YOU SHOULD NOT PROCEED TO USE THE SOFTWARE.

1. WHAT INFORMATION WE MAY COLLECT FROM YOU:
   1. Information that you provide by filling in forms or other spaces dedicated for such information when registering for the Software, such as your name, email address and password;
   2. Details of your usage of the Software and the resources that you access.
   3. Details about your browser language settings, IP address, device model and operation system, if available. This information will not be stored in connection with the personal user data you provided.
2. USAGE OF THE INFORMATION COLLECTED FROM YOU:
   1. To provide you the services in an effective manner;
   2. We may share the collected information with our business partners and affiliates.
3. LICENCE
   1. We grant you (the individual or entity whose name and address appears on the Order Invoice) a [INSERT NUMBER OF MONTHS] months (subject to termination as set out in this Agreement), non-exclusive, non-transferable, revocable, license to use the Software in accordance with the use and subject to payment of license fees and the restrictions set out below.
   2. This Agreement provides you with only a limited use license, and all intellectual property rights and title to the Software or the accompanying documentation remain with us and no interest therein is conveyed to you under this Agreement.
4. PERMITTED USE.
   1. Subject always to the restrictions in this Agreement, as purchaser of the authorized copy of the Software, you may:
      1. where you are the purchasing entity, load the Software into and use it on a single computer of the type identified on the package which is/are owned by you, or under your direct control;
      2. where you are an individual as purchaser, load the Software into and use it on a single computer of the type identified on the package which is under your control;
      3. copy the Software for backup and archival purposes and make up to two copies of the documentation (if any) accompanying the Software, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed by this Agreement.
5. RESTRICTIONS ON USE.
   1. You shall, neither yourself nor permit others, either directly or indirectly, to:
      1. Login through your account or share your administrative account login or password;
      2. Rent, lease, sub-license or make or distribute copies of the Software or charge a royalty for the use of the Software, or use the Software to provide bureau, application service provider, marketing, training, or consulting services related to the Software to any third party, except as permitted by this Agreement;
      3. Except as permitted by law, modify the Software or any component part thereof, disassemble or decompile the Software or otherwise derive source code from the Software, reverse engineer the Software, merge the Software with or into another product or other software, or create derivative works based on the Software; or
      4. make copies of the Software, in whole or in part, except for backup or archival purposes as permitted in this Agreement;
      5. use any backup copy of the Software for any purpose other than to replace the original copy in the event that it is destroyed or becomes defective;
      6. copy the written materials (except as provided by this Agreement) accompanying the Software;
      7. adapt, modify, delete or translate the written materials accompanying the Software in any way for any purpose whatsoever;
      8. transfer or assign the Software or any copy thereof or any documentation (whether provided in print or digital form) to a third party, including any third-party individual or third-party entity;
      9. vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Software.
6. UNDERTAKINGS AND TITLE
   1. You undertake to:
      1. ensure that, prior to use of the Software by your employees or agents, all such parties are notified of the terms of this Agreement and the license granted under it;
      2. reproduce and include Our copyright notice on all and any copies of the Software, including any partial copies of the Software;
      3. hold all drawings, specifications, data (including object and source codes, software listings and all other information relating to the Software, confidential and not at any time, during the license or after its expiry, disclose the same (whether directly or indirectly) to any third party without Our consent.
   2. As Our licensee, you own only the disk or medium on which the Software is recorded or fixed. You may retain the media on any termination of this Agreement and the license granted under it, provided the Software is erased. We shall at all times retail ownership of the Software.
7. WARRANTY AND DISCLAIMER
   1. EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, TO YOU WITH RESPECT TO ANY OF (I) THE SOFTWARE,(II) ACCOMPANYING DOCUMENTATION, (III) THE RESULTS OF ANY USE TO WHICH THE SOFTWARE OR THE ACCOMPANYING DOCUMENTATION ARE PUT. ALL IMPLIED AND EXPRESSED WARRANTIES, TERMS AND CONDITIONS AS TO ACCURACY, RELIABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. WE MAKE NO WARRANTY OR UNDERTAKING THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. RESPONSIBILITY FOR (I) THE STORAGE AND PRESERVATION OF ANY DATA (WHETHER ACCESSED BY OR FORMING OUTPUT FROM THE SOFTWARE OR ANY USE TO WHICH THE SOFTWARE IS PUT) AND, (II) THE OPERATION OF ANY SOFTWARE IN RELATION TO WHICH YOU MAY USE THE SOFTWARE, SHALL BE YOUR RESPONSIBILITY AND WE MAKE NO WARRANTY OR UNDERTAKING IN RELATION TO THE SAME.
8. LIABILITY AND INDEMNIFICATION
   1. You agree that you have under this Agreement assumed the entire risk of selection, installation, and use of the Software. Our aggregate liability for direct loss or damage to you shall not exceed the original amount paid by you for the Software.
   2. In no event shall We be liable to you for (i) indirect, special, incidental or consequential damages, or (ii) any loss of revenue, profits or anticipated savings, wasted management time, or any lost or destroyed data arising in connection with this Agreement or the license granted hereunder. Further, We are not be liable in contract, negligence, or otherwise for (i) any claims which arise out of viruses or any other similar disabling software which affect the performance or quality of the Software, (ii) the accuracy or content of results produced by the Software, (iii) the storage and preservation of any data (whether accessed by or forming output from the Software or any use to which the Software is put), (iv) the results of any use to which the Software or the accompanying documentation are put (and the use of any such results) and, (v) the operation of any software in relation to which you may use the Software.
   3. You hereby acknowledge and agree that the limitations contained in this clause are reasonable in the light of all the circumstances.
   4. We will have no liability for errors, unreliable operation, or other issues resulting from use of the Software, Services on or use on any device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Software and Services on and through Modified Devices will be at your sole and exclusive risk and liability.
   5. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR SUPPLIERS AND LICENSORS AND THE THIRD PARTIES HARMLESS FROM ANY LIABILITY, LOSS, DAMAGE, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEY FEES AND EXPENSES, RELATED TO YOUR VIOLATION OF THIS EULA OR YOUR USE OF THE SOFTWARE, WEBSITE, DOCUMENTS OR SERVICES OR FOR ANY CLAIMS MADE AGAINST US BY ANY THIRD PARTY ARISING FROM YOUR USE OF THE WEBSITE. YOU AGREE YOUR INDEMNIFICATION OF US INURES TO THE BENEFIT OF THE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OF LICENSOR, AND ITS SUCCESSORS IN INTEREST.
9. TERMINATION
   1. The Agreement and the license granted by it to use the Software automatically terminates if you:
      1. fail to comply with any of the provisions of this Agreement;
      2. destroy the copies of the Software in your possession;
      3. voluntarily return the Software to Us.
      4. In the event of termination in accordance with clause 9.1, you shall have no further licence to use the Software, and you must destroy or delete all copies of the Software from all storage media in your control.
   2. Notwithstanding any termination of this Agreement, sub-clauses 3, 4, 8 and clause 6 survive such termination.
10. EVENTS OUTSIDE OUR CONTROL
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”).
    2. If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
       1. our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
       2. we will use our reasonable endeavors to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
11. EXPORT RESTRICTIONS.
    1. You acknowledge that the software is subject to [INSERT COUNTRY] export jurisdiction. You agree to comply with all applicable international and national laws that apply to the software.
12. MISCELLANEOUS
    1. Governing Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of [INSERT STATE/COUNTRY OF APPLICABLE LAWS] and be subject to the exclusive jurisdiction of [INSERT LOCATION].
    2. Assignment: This Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without our prior written consent.
    3. Use of Personal Data: As a matter of policy, we will not sell or rent information about Customer and will not disclose information about it in a manner inconsistent with its Data Protection Policies except as required by law or government regulation. We cooperate with law enforcement inquiries, as well as other third parties, to enforce laws such as those regarding intellectual property rights, fraud and other personal rights.
    4. Severability. If any term or provision of this Agreement shall to any extent be held to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law.
    5. Entire Agreement. This Agreement represents the entire agreement and understanding between You and Us respect to the subject matter herein and supersedes any other written or oral agreement or representation (unless fraudulent).
    6. Waiver. Any failure by either party to enforce any of the terms and provisions of this Agreement shall not be considered a continuing waiver of that party's right thereafter to enforce such terms and provisions. No provision of this Agreement shall be deemed waived unless such waiver is in writing signed by both parties.
    7. IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT PLEASE CONTACT [INSERT CONTACT DETAILS].