End-User License Agreement (EULA) of Flowclass
This End-User License Agreement (“EULA”) is a legal agreement between you and Flowsophic Limited.
This EULA agreement governs your acquisition and use of our Flowclass software (“Software”) directly from Flowsophic Limited or indirectly through a Flowsophic Limited authorized reseller or distributor (a “Reseller”). WHEN YOU FIRST USE THIS SOFTWARE, YOU HEREBY AGREE TO THIS EULA AGREEMENT, PLEASE DO NOT CONTINUE IF YOU DO NOT AGREE WITH THIS AGREEMENT.
Please read this EULA agreement carefully before completing the installation process and using the Flowclass software. It provides a license to use the Flowclass software and contains warranty information and liability disclaimers.
If you register for a free trial of the Flowclass software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the Flowclass 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 Flowsophic Limited herewith regardless of whether other software is referred to or described herein. The terms also apply to any Flowsophic Limited updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Flowsophic Limited hereby grants you a personal, non-transferable, non-exclusive licence to use the Flowclass software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Flowclass software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Flowclass software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose.
- Allow any third party to use the Software on behalf of or for the benefit of any third party.
- Use the Software in any way which breaches any applicable local, national or international law.
- use the Software for any purpose that Flowsophic Limited considers is a breach of this EULA agreement.
Intellectual Property and Ownership
Flowsophic Limited 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 the Software, including any modifications made thereto) are and shall remain the property of Flowsophic Limited.
Flowsophic Limited reserves the right to grant licences to use the Software to third parties.
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 Flowsophic Limited.
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.
Upon termination of this EULA Agreement, you shall cease all use of the Software and delete all copies of the Application from your mobile device or from your desktop.
Disclaimer of Warranty
The Software is provided under this license on an “as is” basis, without warranty of any kind, either expressed or implied, including, without limitation, warranties that the covered software is free of defects, merchantable, fit for a particular purpose or non-infringing. the entire risk as to the quality and performance of the covered software is with you. should any covered software prove defective in any respect, you (not the initial developer or any other contributor) assume the cost of any necessary servicing, repair or correction. this disclaimer of warranty constitutes an essential part of this license. no use of any covered software is authorized hereunder except under this disclaimer.
Limitations of Liability
Under no circumstances shall Flowsophic Limited or its affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the Software and any third party content and services, whether or not the damages were foreseeable and whether or not Flowsophic Limited was advised of the possibility of such damages. Without limiting the generality of the foregoing, company’s aggregate liability to you (whether under contract, tort. statute or otherwise) shall not exceed the amount of two hundred Hong Kong dollars (HK$200.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
The claims against Flowsophic Limited must be made within one month after the occurrence of actual damages.
This EULA agreement, together with any other materials referenced in or expressly made a part of the Agreement, constitutes the final and entire EULA Agreement between you and Flowsophic Limited and supersedes all prior and contemporary representations, warranties and agreements, whether oral or written.
You shall defend, indemnify, and save Flowsophic Limited harmless, at your own expense, against any action or suit brought for any loss, damage, expense or liability that may result by reason of an infringement of any patent, trademark, copyright, or trade secret based upon the normal and intended use of the Software. If any part of the Software becomes the subject of a claim of any infringement of a patent, trademark, copyright, or trade secret, you shall, at its option and expense, deliver non-infringing material, modify the material so that it becomes non-infringing, or procure for Flowsophic Limited the right to continue using your infringing material.
Neither party shall be liable for failure to perform, nor be deemed to be in default, under this EULA agreement for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to failure of performance by the other party, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, or power failure. In the event of such delay, the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the effect of any such delay.
Flowsophic Limited may use your name or mark and identify you as a client of Flowsophic Limited, on Flowsophic Limited’s website and/or marketing materials. Flowsophic Limited may issue a press release containing your name. You could identify Flowsophic Limited as its partner, and/or include links to Flowosphic Limited’s website on its website and/or marketing materials.
Neither party will use the other party’s name nor marks, refer to or identify the other party for any other reason, except as established in this section, without such other party’s written approval. Any approval required under this Section shall not be unreasonably withheld or delayed by either party.
If any provision of this EULA Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Modifications to Software
Flowsophic Limited reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software or any service to which it connects, with or without notice and without liability to you.
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 the Hong Kong Special Administrative Region.
If you have any questions about this EULA Agreement, please contact us at email@example.com.