These terms apply only to the documents of this author. These supplement Flevy's general terms. If there are any conflicts, then the terms on this page will take precedence.

Terms of Usage

EULA (End User License Agreement)

BY INSTALLING PROFITQUBE SOFTWARE ("Software"), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREETO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE THE SOFTWARE.

This END USER LICENSE AGREEMENT ("Agreement") is made by and between Crown Consultancy Services Limited, a company registered in Republic of Mauritius at Felix House, 24 Dr Joseph Riviere Street, PO Box 80, Port Louis 11602, Registration Number 6/2000/6793, ("Crown"), and you, as either an individual or a single entity ("Licensee").

THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE PROGRAM BETWEEN YOU AND CROWN CONSULTANCY SERVICES LIMITED AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.

Both parties agree to the terms and conditions below:

1. GRANT OF LICENSE

Subject to the limitations of Section 2, Crown hereby grants to Licensee a limited, nontransferable and non-exclusive license to install and use a machine-readable, object code version of this Software program and accompanying user manual and other documentation ("Documentation") solely for Licensee's own internal business purposes ("Licensee"); provided, however, Licensee's right to install and use the Software and the Documentation is limited to those rights expressly set out in this Agreement.

2. RESTRICTIONS ON USE

Licensee is authorized to use the Software in machine-readable, object code form only, and Licensee shall not:

(1) assign, sub-license, sell, distribute, transfer, pledge, lease, rent, share, or export the Software, the Documentation or Licensee's rights hereunder;
(2) alter or circumvent the copy protection mechanisms in the Software or reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software;
(3) modify, adapt, translate, or create derivative works based on the Software or Documentation;

(4) use, or allow the use of, the Software or Documentation on any project other than a project produced by Licensee (an "Authorized Project");

(5) allow or permit anyone (other than Licensee and Licensee's authorized employees to the extent they are working on an Authorized Project) to use or have access to the Software or Documentation;

(6) copy or install the Software or Documentation other than as expressly provided for herein;

(7) take any action, or fail to act, that could adversely affect the trademarks, service marks, patents, trade secrets, copyrights, or other intellectual property rights of Crown or any third party with intellectual property rights in the Software ("Third Party Licensor"). Furthermore, for purposes of this Section 2, the term "Software" shall include any derivatives of the Software.

Licensee shall install and use only a single copy of the Software on one computer ("Original Installation").

In order to prevent unlicensed use of the Software, a license code is required to access and enable the Software. The issuing of replacement or substituted license codes if the Software is moved from one computer to another is subject to Crown's discretion, which is will be delivered to the Licensee upon request by electronic mail and which requires a fee to be paid in certain circumstances.

Crown may choose, at its sole discretion, to replace the license code at no additional cost, up to three (3) times in a calendar year. Crown will take all reasonable measures to provide license codes to the Licensee with a grace period of at least thirty (30) calendar days. Licensee agrees to take all reasonable measures to replace the license code as instructed within the grace period following the delivery of the license code by electronic mail.

Crown shall not be held liable if Licensee cannot be reached by the electronic mail address supplied during purchase. Crown will make a reasonable number of attempts to re-send the information in case of delivery failure. Licensee shall be responsible for keeping Crown appraised of any changes to Licensee's contact information.

In an effort to facilitate such license code replacements, Crown may, from time to time, provide notifications by electronic mail to inform Licensee of the expiration of the existing license code.

3. BACK-UP COPY

Notwithstanding Section 2, Licensee may store one copy of the Software and Documentation offline and offsite in a secured location owned or leased by Licensee in order to provide a back-up in the event of destruction by fire, flood, acts of war, acts of nature, vandalism or other incident. In no event may Licensee use the back-up copy of the Software or Documentation to circumvent the usage or other limitations set forth in this Agreement.

4. OWNERSHIP

Licensee acknowledges that the Software (including any Source Code that is licensed to Licensee) and Documentation and all intellectual property rights and other proprietary rights relating thereto are and shall remain the sole property of Crown and the Third-Party Licensors.

Licensee shall not remove, or allow the removal of, any copyright or other proprietary rights notices included in and on the Software or Documentation or take any other action that could adversely affect the property rights of Crown or any Third-Party Licensor.

To the extent that Licensee is authorized to make copies of the Software or Documentation under this Agreement, Licensee shall reproduce in and on all such copies any copyright and/or other proprietary rights notices provided in and on the materials supplied by Crown hereunder.

5. LICENSE FEE

Licensee understands that the benefits granted to Licensee hereunder are contingent upon Licensee's payment in full of the license fee payable in connection herewith ("License Fee").

6. LIMITED WARRANTY AND LIABILITY

CROWN CAN EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTY FOR THE SOFTWARE PRODUCT.

THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CROWN CAN DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE PRODUCT.

THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH LICENSEE.
IN NO EVENT SHALL CROWN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF CROWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL CROWN BE LIABLE TO ANY LICENSEE ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SOFTWARE PRODUCT.

SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF CROWN HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE PRODUCT, FROM INABILITY TO USE THE SOFTWARE PRODUCT, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SOFTWARE PRODUCT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

7. LIMITED REMEDY

The exclusive remedy available to the Licensee in the event of a breach of the foregoing limited warranty, TO THE EXCLUSION OF ALL OTHER REMEDIES, is for Licensee to destroy all copies of the Software, send Crown a written certification of such destruction and, upon Crown's receipt of such certification, Crown will make a replacement copy of the Software available to Licensee.

8. INDEMNIFICATION

Licensee agrees to indemnify, hold harmless, and defend Crown, the Third Party Licensors, and each Third Party Licensor's respective affiliates, officers, directors, shareholders, employees, authorized resellers, agents, and other representatives ("Released Parties") from all claims, defense costs (including, but not limited to, attorneys' fees), judgments, settlements, and other expenses arising from or connected with the operation of Licensee's business or Licensee's possession or use of the Software or Documentation.

9. TERM AND TERMINATION

This Agreement is effective upon Licensee's acceptance of the terms hereof, and the Agreement will remain in effect until termination. If Licensee breaches this Agreement, Crown may terminate the License granted hereunder by notice to Licensee.
In the event the License is terminated, Licensee will either return to Crown all copies of the Software and Documentation in Licensee's possession or, if Crown directs in writing, destroy all such copies.

In the latter case, if requested by Crown, Licensee shall provide Crown with a certificate signed by an officer of Licensee confirming that the foregoing destruction has been completed.

10. CONFIDENTIALITY

Licensee agrees that the Software (including any Source Code that is licensed to Licensee) and Documentation are proprietary and confidential information of Crown or, as the case may be, the Third-Party Licensors, and that all such information and any communications relating thereto ("Confidential Information") are confidential and a fundamental and important trade secret of Crown or the Third-Party Licensors.

Licensee shall disclose Confidential Information only to Licensee's employees who are working on an Authorized Project and have a "need-to-know" of such Confidential Information, and shall advise any recipients of Confidential Information that it is to be used only as authorized in this Agreement. Licensee shall not disclose Confidential Information or otherwise make any Confidential Information available to any other of the Licensee's employees or to any third parties without the express written consent of Crown.

Licensee agrees to segregate, to the extent it can be reasonably done, the Confidential Information from the confidential information and materials of others in order to prevent commingling.

Licensee shall take reasonable security measures to hold the Software, Documentation, and any other Confidential Information in strict confidence and safe custody.

Crown may request certain reasonable security measures as part of the use of the Software and Documentation.

Licensee acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure of Confidential Information, and that Crown shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.

11. SEVERABILITY

Should any court of competent jurisdiction declare any term of this License Agreement void or unenforceable, such declaration shall have no effect on the remaining terms hereof.

12. WAIVER

The failure of either party to enforce any rights granted hereunder or to act against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

13. SURVIVAL

Sections 2, 4, 5, 6, 7, 8, 9, 10, 11 shall survive any termination or expiration of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in effect.

14. GOVERNING LAW

The laws of Republic of Mauritius, shall govern this EULA. Each party agrees to submit to the personal and exclusive jurisdiction of the courts located in Republic of Mauritius.

Copyright 2018-2020 Crown Consultancy Services Limited. All Rights Reserved.