Agile IQ - EULA

End-User License Agreement (EULA) for Agile IQ

DRAFT v1.0.1 18 July 2020

This End-User License Agreement (“EULA”) is a legal agreement between you and Zen Ex Machina.

This EULA agreement governs your acquisition and use of our Agile IQ software (“Software”) directly from Zen Ex Machina or indirectly through a Zen Ex Machina authorised reseller or distributor (a “Reseller”).

Please read this EULA agreement carefully before completing the installation process and using the Agile IQ software. It provides a license to use the Agile IQ software and contains warranty information and liability disclaimers.

If you register for a free trial of the Agile IQ software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the Agile IQ software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by Zen Ex Machina herewith regardless of whether other software is referred to or described herein. The terms also apply to any Zen Ex Machina updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

Zen Ex Machina hereby grants you a personal, non-transferable, non-exclusive licence to use the Agile IQ software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the Software (for example a PC, laptop, mobile, tablet or other digital device) under your control. You are responsible for ensuring your device meets the minimum requirements of the the Software.

You are not permitted to:

  1. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through the Software.
  2. Circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other parts of the Software.
  3. Use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the content in Agile IQ for any purpose without our express written permission.
  4. Collect or harvest any personally identifiable information from the Software including, without limitation, user names, passwords, email addresses.
  5. Solicit other users to join or become members of any commercial online service or other organisation without our prior written approval.
  6. Attempt to or interfere with the proper working of the Software or impair, overburden, or disable the same.
  7. Decompile, reverse engineer, or disassemble any portion of the Software.
  8. Use network-monitoring software to determine architecture of or extract usage data from the Software.
  9. Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership).
  10. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Software.
  11. Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose.
  12. Allow any third party to use the Software on behalf of or for the benefit of any third party.
  13. Use the Software in any way which breaches any applicable local, national or international law.
  14. Use the Software for any purpose that Zen Ex Machina considers is a breach of this EULA agreement.

Intellectual Property and Ownership

Zen Ex Machina shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in Agile IQ, including any modifications made thereto) are and shall remain the property of Zen Ex Machina.

Zen Ex Machina shall retain ownership of the information you submit through the Software for the purposes of providing you the Service.

Zen Ex Machina reserves the right to grant licences to use the Software to third parties.

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Zen Ex Machina.

It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Australia.

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Copyright © Zen Ex Machina® and ™ (2020). All rights reserved. ABN 93 153 194 220

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