THIS DOCUMENT IS A LEGAL AGREEMENT (the “Agreement”) BETWEEN IZZEDO D.O.O. (“We,” “Us”) AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE ENTERING INTO THIS AGREEMENT (“You”) IN RELATION TO USE ANY IZZEDO D.O.O. STANDALONE SOFTWARE (the “Software”).
BY DONWLOADING THE SOFTWARE, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT PROCEED WITH DOWNLOADING THE SOFTWARE OR ANY PORTION THEREOF AS YOU HAVE NO RIGHTS TO DO SO.
THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS AND RESTRICTIONS WITH RESPECT TO THE SOFTWARE AND ITS COMPONENTS.
By accepting this Agreement and using the Software, You agrees to be bound by all the terms and conditions of this Agreement.
Grant of rights
We hereby grants to You a nonexclusive license to install and use the Software on one single user computer or server in its possession.
You will treat the Software as a trade secret and proprietary know-how belonging to Us that is being made available to You in confidence. You agree to treat the Software with at least the same care as it treats its own confidential or proprietary information.
Modifications and enhancements
You will make no efforts to reverse engineer the Software, or make any modifications or enhancements without Our express written consent.
You may make copies of the Software for back-up purposes, provided that you reproduce the Software in its original form and with all proprietary notices on the back-up copy.
Title to software
We retains title to and ownership of the Software and all enhancements, modifications and updates of the Software.
(a) You agree to pay Us monthly or yearly for Our Software. We reserve the right to change or modify its charges for Your plan from time to time on 30 days notice e-mailed to Yous. Your continued use of Our Software after receipt of such a notice shall constitute Your acceptance of and Agreement to be bound by the Our modified charges for its Software.
(b) Software charges are payable in advance on a monthly or yearly basis. We will invoice You at the beginning of each payment period. We will submit all invoices to You by e-mail. Payment is due immediately upon receipt of invoice. Payments can be made online.
(c) You agree to be billed for all recurring and one-time charges, including late charges, for any Software ordered by You and any fees owed to Us.
The initial term of this Agreement shall commence on the date of execution of this Agreement and shall continue through the remainder of the calendar month or year in which this Agreement was executed (the “Initial Term”). After the initial term, this Agreement shall be automatically renewed for successive monthly or yearly periods until terminated by one of the parties as provided in this agreement.
Termination without Cause
(a) You may terminate this Agreement at any time, for any reason, by contacting Us, either by phone or e-mail, and requesting that Your license be canceled. In the event of a cancellation, We will not refund amounts already billed for the current monthly or yearly license period in which You terminate the Agreement.
(b) We may terminate this Agreement at any time, for any reason, by providing written or e-mail notice of termination to Your primary e-mail contact address no less than 30 days prior to the license termination.
Termination for Cause
You agree to abide by the terms of this Agreement and by Our general use policies as set forth in this Agreement, as those policies may exist from time to time. We may change its use policies on 30 day written notice to You by e-mail message. Any violation by You of the terms of this Agreement or of Our general use policies shall be grounds for immediate termination of Your license for cause. If We terminate Your license for a violation of this Agreement, We shall not be required to refund any amounts billed for the billing period in which We terminate Your license.
Return or destruction of software upon termination
Upon termination of this License, You should return to Us or destroy the original and all copies of the Software including partial copies and modifications. We shall have a reasonable opportunity to conduct an inspection of Your place of business to assure compliance with this provision.
We shall not be liable for any taxes and other governmental fees related to purchases made by You or from Our server. You agree that you will be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to You by Us.
THE SOFTWARE IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING LOSS OF PROFITS, AND OUR LIABILITY TO YOU FOR ANY OTHER DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT WHETHER IN CONTRACT, TORT, OR OTHERWISE WILL BE LIMITED TO THE AMOUNT RECEIVED BY US FROM YOU AS COMPENSATION FOR THE SOFTWARE DURING THE 0 MONTH PERIOD IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE.
You agree to defend, indemnify, and hold Us harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, asserted against Us, our agents, servants, officers, and employees, that may arise or result from any Service provided or performed or agreed to be performed or any product sold by You, Your agents, employees, or assigns. You further agree to defend, indemnify, and hold harmless Us against liabilities arising out of:
(a) Any liability to Us arising by virtue of any use of Our software by You for any unlawful purpose, or in violation of any valid federal, state, or local law or regulation;
(b) Any injury to person or property caused by any products sold or otherwise distributed in connection with Software provided to You;
(c) Any material supplied by You infringing or allegedly infringing on the property or proprietary rights of a third party;
(d) Copyright or trademark infringement by You, or violation by You of intellectual property rights of any other party; and
(e) Any defective product which You sold or distributed by means of Software.
You agree that the liability limit of Us shall in no event be greater than the aggregate amount which You paid during the terms of this Agreement, including any reasonable attorneys’ fees and court costs.
If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
You agree to keep Us informed of all current contact information for Your account. Failure to maintain or keep current all contact information shall be a ground for Us to terminate Your account for cause.
This Agreement has been entered into in the State of Bosnia and Herzegovina, and its validity, construction, interpretation and legal effect shall be governed by the laws of that state applicable to contracts entered into and performed entirely within that state.
In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
No waiver by Us of any breach by You of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such writing.
This Agreement shall constitute the entire agreement between You and Us, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
Changes to this Agreement
We will occasionally update this Agreement to reflect company and customer feedback.