PLEASE READ THE FOLLOWING SOFTWARE END USER LICENSE AGREEMENT TERMS AND CONDITIONS (“EULA”) CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE ACCOMPANYING THE EULA. THE EULA CONSTITUTES A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND LYNX ANALYTICS PTE. LTD. (“LYNX”), AND YOU AGREE AND ACKNOWLEDGE THAT THIS EULA IS SOLELY EXECUTED BETWEEN LYNX AND YOU AND IS SOLELY RESPONSIBLE FOR THE SOFTWARE AND ITS CONTENTS THEREOF.
BY DOWNLOADING AND INSTALLING THE SOFTWARE ON YOUR COMPUTER OR BY CLICKING A BUTTON MARKED “I ACCEPT” OR SOMETHING SIMILAR, AS APPLICABLE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. YOU AGREE THAT INSTALLATION OR USE OF THE SOFTWARE SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS EULA.
IF YOU ARE AN INDIVIDUAL, YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER THIS EULA. IF YOU ARE ENTERING INTO THIS EULA ON BEHALF OF A COMPANY, ORGANIZATION, OR OTHER ENTITY, THEN (A) “YOU” AS USED HEREIN ADDITIONALLY REFERS TO THAT COMPANY, ORGANIZATION, OR ENTITY; AND (B) YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY, ORGANIZATION, OR ENTITY TO THE TERMS AND CONDITIONS SET FORTH HEREIN.
BY DOWNLOADING AND INSTALLING THE SOFTWARE, YOU AGREE THAT YOU HAVE READ THIS ENTIRE EULA AND YOUR CONTINUED USE OF THE SOFTWARE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THIS EULA, DO NOT CHECK THE “I ACCEPT” BOX (OR SIMILAR) AND DO NOT USE THE SOFTWARE.
“Documentation” means any user information provided by Lynx in connection with the Software, either distributed directly to You or available at lynxkite.com.
“Software” means Lynx’s proprietary software program(s) in object code only, excluding any software updates, made available by Lynx under this EULA.
“Intellectual Property Rights” means any rights, titles and interests, whether foreign or domestic, in and to any trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority.
You expressly acknowledge and agree that use of the Software is at Your sole risk and You shall be solely responsible for any losses, damage or harm arising from Your use of the Software and how You protect the privacy of Your information from prying third parties, including the input of Your log-in information and closing the software browser after using it. You expressly acknowledge sole responsibility for the use of the software by You.
The Software is delivered with a license for evaluation purposes (the “Evaluation License”) under the following conditions:
From time to time and at Lynx’s request, you may be asked to provide in writing details of work done, of how the software has been utilised by its end-users, or to share other usage data and metrics. Lynx may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide support and other services or technologies to You or other users in relation to the Software.
Lynx owns and retains all Intellectual Property Rights relating to the Software (including all upgrades thereto), and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any third party relating to the Software (the “Feedback”), including all applicable Intellectual Property Rights therein, shall become the sole property of Lynx. You further agree that Lynx be free to use and exploit in any manner any ideas, concepts, know-how or techniques contained in such Feedback for any purpose without your or a third party’s consent, and without payment of any consideration to You or a third party, and you hereby assign all rights, title and interest in such Feedback to Lynx. There are no implied licenses under this EULA, and all rights not expressly granted are hereby reserved.
You agree and acknowledge that Lynx will have no duty under this EULA to provide technical support or maintenance of any kind with respect to the Software and that it reserves the right for such support services, if any, to be performed solely pursuant to a separate written contract between the Parties. Lynx may choose to offer at its option, but is not obligated to provide, some basic support that may include email support, upgrades, updates or bug fixes.
The Software may be distributed with certain third-party software components, including open source software licensed under open source licenses (the “Third-Party Software”). Nothing herein is intended, nor shall be deemed or interpreted, to limit or restrict any rights you may have under such separate terms. Such Third-Party Software is licensed to you under the applicable third-party license. Upon request and at no charge, Lynx will provide you with a copy of the source code to Third-Party Software which is open source software. You may not modify or make derivative works of third-party software for use with the Software.
You acknowledge that the Software has not been prepared to meet Your individual requirements and that it is therefore Your responsibility to ensure that the facilities and functions meet Your own requirements. Lynx does not warrant that the Software will be error-free or that the Software will work without interruptions. The express terms of this EULA are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.
To the extent not prohibited by law, in no event shall either party be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Software.
Without limiting anything provided herein, and to the extent permitted under applicable laws, You hereby release Lynx from any liability related to: (a) any incorrect or inaccurate content posted on or through the Software, whether caused by any user of the Software, or by any of the equipment or programming associated with or utilized in the Software; (b) the conduct, whether online or offline, of any user of the Software; (c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any sites, or combination thereof, including injury or damage to user’s or to any other person’s computer or other mobile device related to or resulting from participating or downloading materials in connection with the Software; (d) any loss or damage caused by content posted on or through the Software or transmitted by and to users, or any interactions between users of the Software, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Software.
You shall indemnify, defend and hold harmless Lynx, its directors, officers, employees and agents against any third party claims, demands and actions, and any liabilities, damages or expenses resulting therefrom, including court costs and legal costs (on a full indemnity basis), arising out of or relating to Your use of the Software, all communications transmitted thereunder or any breach of the representations, warranties, covenants, or other obligations made You hereunder, provided that Lynx shall give You prompt notice of any action or proceeding brought against Lynx and shall reasonably cooperate with You in the defense and settlement of such claim, demand or action.
In the event You have any questions, feedback, complaints or claims with respect to the Software please contact Lynx, at firstname.lastname@example.org.
This Entire EULA shall be governed by the laws of the Republic of Singapore.
This EULA constitutes the entire agreement between the parties regarding the subject, and supersedes all previous communications and agreements between the parties regarding the subject. No amendment or modification will be valid or binding upon either party unless made in writing and signed by the authorized representatives of both parties. If a portion of this EULA is held unenforceable, the unenforceable portion will be construed under applicable law nearly as possible to reflect the original intentions of the parties, and the remainder of the EULA will remain in full force and effect.