EULA
BUSINESS SENSOR END USER LICENSE AGREEMENT
Last Updated: [Nov 13th, 2024]
1. Grant of License
Under this End User License Agreement, Business Sensor Software Limited (the “Vendor”) grants a user (the “Licensee”) a limited, non-exclusive, non-transferable license to install and use Business Sensor ERP (the “Software”). The Software includes executable computer programs and any related print-able, electronic and online documentation, and any other files that it may come with.
2. License Scope
- Permitted Use: The Licensee may install and use the Software for its intended purposes, as outlined in the user documentation and solely for internal, authorized business operations.
Restrictions: The Licensee may not:
Modify, adapt, or create derivative works of the Software.
Re-engineer, decompile, or disassemble the Software.
Lease, lend, or sublicense the Software to any third party.
Use the Software in a way that could harm, impair, or overburden the Software or network resources.
3. Ownership and Intellectual Property
The Vendor retains full ownership of the Software and related intellectual property rights. This license grants usage rights but no ownership or proprietary rights.
4. Confidentiality
The Software may collect anonymized usage data (such as log files) for functional improvements. By using the Software, the Licensee consents to this data collection in line with the Vendor’s Privacy Policy. For international users, the Vendor ensures that data handling complies with applicable regulations, including but not limited to Canadian privacy laws, GDPR, and other relevant global data protection laws.
5. Data Privacy and International Compliance
The Software may collect anonymized usage data (such as log files) for functional improvements. By using the Software, the Licensee consents to this data collection in line with the Vendor’s Privacy Policy found here. For international users, the Vendor ensures that data handling complies with applicable regulations, including but not limited to Canadian privacy laws, GDPR, and other relevant global data protection laws.
6. Support and Updates
- Support: Support services are offered at the Vendor’s discretion and may vary based on the level of service that might have been purchased. More details can be found here .
Updates and Upgrades: Updates and upgrades provided are subject to the terms of this EULA unless accompanied by separate license terms.
7. Termination
- This license remains effective until terminated. The Licensee may terminate it by ceasing to use the Software and uninstalling all copies.
- The Vendor may terminate the license if there is a breach of any EULA term. Upon termination, all Software copies must be removed and deleted.
8. Warranty Disclaimer
The Software is provided “as is” without any warranties, express or implied. The Vendor disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. License Fee
The original purchase price paid by the Licensee constitutes the entire license fee and is the full consideration to establish this agreement.
10. Limitation of Liability
The Vendor is only liable to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising from the use or failure to use the Software.
11. Force Majeure
The Vendor will be free of liability from the Licensee where the former party is prevented from executing its obligations under this agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event.
12. Governing Law and Dispute Resolution
This EULA is governed by Canadian law. All disputes related to this EULA will be subject to the courts of [Province, Canada] unless otherwise required by applicable international laws.
13. Additional Clauses
It is expected that the Licensee must have evaluated the Software through the free trial period of 45 days before making a purchase, implying satisfaction if further financial commitment is made. Therefore, once payment is made to access the premium benefits of the Software, there shall be no refund. Further details can be found in the Payment Policy.
14. Entire Agreement
This EULA represents the complete agreement between the Licensee and Business Sensor Software Limited regarding the Business Sensor ERP Software, superseding all prior agreements or representations.