This End User License Agreement (“EULA”) is a legal agreement between you (the “End User”) and Hodessy, LLC (“Hodessy”) for any and all custom software applications (“Software”) developed by Hodessy for your specific business needs, including but not limited to online applications (the “App”).
1. Grant of License
1.1. Subject to the terms and conditions of this EULA, Hodessy grants you a non-exclusive, non-transferable, non-sublicensable right to use the App solely for your internal business purposes.
2. Ownership
2.1. Hodessy retains all intellectual property rights, including but not limited to copyrights, trademarks, and patents, in and to the App, its source code, and all related documentation.
2.2. You own all intellectual property rights in any integrated services or functionalities incorporated into the App by you.
3. Restrictions on Use
3.1. You shall not:
- Deconstruct, disassemble, reverse engineer, modify, translate, or create derivative works of the App or its source code without Hodessy’s prior written consent.
- Distribute, copy, sublicense, rent, lease, or otherwise transfer the App or any portion thereof to any third party without Hodessy’s prior written consent.
- Use the App for any purpose other than its intended use in your internal business operations.
4. Term and Termination
4.1. This EULA shall commence on the Effective Date (the date of your acceptance) and shall continue until terminated by either party upon written notice to the other party via email.
4.2. Hodessy may terminate this EULA immediately upon any material breach by you of the terms and conditions hereof.
5. Disclaimer of Warranties
5.1. THE APP IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
6. Limitation of Liability
6.1. IN NO EVENT SHALL HODESSY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE APP, EVEN IF HODESSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Governing Law
7.1. This EULA shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.
8. Entire Agreement
8.1. This EULA constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
9. Severability
9.1. If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
10. Notices
10.1. All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when sent by email to the following addresses:
- If to Hodessy: legal@hodessy.com
- If to you: [Your Registered Email Address ]
11. Binding Effect
11.1. This EULA shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
12. Waiver
12.1. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any subsequent breach or default.
13. Counterparts
13.1. This EULA may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
14. Applicability
14.1. This EULA applies to any and all Software developed by Hodessy, LLC that this EULA is linked to or presented with.
BY CLICKING “I AGREE” OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA.
