End User License Agreement
IMPORTANT – READ CAREFULLY: The END USER LICENSE AGREEMENT (hereinafter referred to as EULA) is a legal agreement between you (either an individual or a single entity) and Omnitas Consulting AB. (hereinafter referred to as OMNITAS) for the monday.com App (hereinafter referred to as SOFTWARE). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA.
This EULA is to be read in conjunction with monday.com Marketplace Terms of Service” available at https://monday.com/terms/marketplace. In case of any conflict between the terms of this License and monday.com Marketplace Terms of Service, the former shall prevail.
1. Grant of License
- The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
- This license grants you the limited, worldwide, non-exclusive to install and use the SOFTWARE for the number of licensed users.
- You are allowed to copy the software for backup, archival as well as testing purposes.
- You may not sell, transfer or convey the Software to any third party without OMNITAS’ prior express written consent.
2. Ownership and Reservation of Rights
- All rights of any kind, which are not expressly granted by the present EULA, are entirely and exclusively reserved to and by OMNITAS.
- The Software is licensed, not sold. You do not acquire any ownership rights as a result of downloading, installing or using the SOFTWARE.
- You may terminate this EULA at any time by destroying all your copies of the Software.
- The license will automatically terminate if you fail to comply with the terms of this agreement.
- On termination, you are required to remove the SOFTWARE from your computer and destroy all copies of the Software and Documentation and all its component parts.
- There shall be no refund or adjustment for amounts paid by you to OMNITAS.
- The provisions of the present EULA which by their nature extend beyond the termination date of the EULA will survive and remain in effect and enforceable until all obligations are fully satisfied.
4. Infringement Indemnification
- OMNITAS will hold YOU harmless, defend and indemnify You, against a third party claim to the extent based on an allegation that the SOFTWARE infringes a third party intellectual property right, provided that OMNITAS: (a) is promptly notified and furnished a copy of such Claim, and all other documents that the claim is based on (b) is given reasonable assistance in and sole control of the defence thereof and all negotiations for its settlement.
- If the SOFTWARE becomes, or in the opinion of OMNITAS may become, the subject of a Claim, OMNITAS may, at its option and in its discretion: (a) procure for YOU the right to use the SOFTWARE, free of any liability; (b) replace or modify the SOFTWARE to make it non-infringing; or (c) terminate your right to continue using the SOFTWARE and refund, in this case, any license fees related to the SOFTWARE paid by YOU.
5. Limitation of Liability
- Except for the indemnification clause, neither party will be liable to any person for the use of the SOFTWARE.
- In no event will the total liability under any claims arising out of this agreement exceed the license fees paid under this agreement.
6. Publicity Rights
- OMNITAS has the right to use your company name and company logo for commercial purposes and/or to include your company name and company logo in her clients list or any promotional materials.
- You can deny this right at any time by submitting a written request via email to firstname.lastname@example.org , requesting for exclusion from subsequent promotional materials.
- OMNITAS will remove the name and/or logos from existing promotional materials within her best effort.
- Requests submitted after purchasing may take thirty (30) calendar days to process.
7. Governing Law
- This EULA is governed by the law of England and Wales, and is subject to the non-exclusive jurisdiction of the courts of England and Wales.
8. Entire Agreement
- This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them.
- OMNITAS may amend or modify this EULA from time to time. Users can request to be informed of any changes by submitting a written request via email to email@example.com.
- Unless required by Laws, we agree not to make modifications that would substantially diminish our obligations during your then-current License Term.
- For our free software, you must accept the modifications to continue using the software. If you object to the modifications, your exclusive remedy is to stop using the free software.
- For our paid software, customers can raise their objection by providing notice to firstname.lastname@example.org within thirty (30) days of us providing notice of the modification. If the resolution is unacceptable, customer can request for termination and refund for any fees pre-paid for use of the affected Software for the terminated portion of the License Term.
- For avoidance of doubt, any Order is subjected to the version of the version of Agreement in effect at the time of the Order.
- If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall remain in full force and effect. This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them.