End-User License Agreement/Terms of Service (EULA/TOS)

This End-User License Agreement/Terms of Service (“EULA/TOS”) is a legal agreement between you and PriceIt Software

This EULA/TOS agreement governs your acquisition and use of our PriceIt Software directly from PriceIt Software or indirectly through a PriceIt Software authorized reseller or distributor (a “Reseller”).

Please read this EULA/TOS agreement carefully before using PriceIt Software. It provides a license to use PriceIt Software and contains warranty information and liability disclaimers.

If you are entering into this EULA/TOS 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/TOS agreement, do not install or use the Software, and you must not accept this EULA/TOS agreement.

This EULA/TOS agreement shall apply only to the Software supplied by PriceIt Software herewith regardless of whether other software is referred to or described herein. The terms also apply to any PriceIt Software updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

Limitation of Liability.

Company shall not be responsible for and/or liable to User and/or any third party for any loss or damage caused by the services and/or products or by Company’s performance under this Agreement. Company shall not be liable for any direct, indirect, special, incidental or consequential damage, whether based on contract or tort or any other legal theory, arising out of any use of the software or any performance of this agreement. User agrees that these limitations on warranty and liability are reasonable and that company would not have entered into this agreement user’s express agreement as to the disclaimers of warranty and limitations of company liability.

Indemnity by User.

IndemnityUser agrees to indemnify and hold harmless company from all losses, data loses, damages, liabilities, debts, demands, claims, actions, causes of action, costs, charges and expenses, including legal fees and any amount paid to settle any action or to satisfy a judgment (collectively, “claims”), in any way incurred by or made against company, which result from or relate to (a) access to or use, by user or permitted by user, of the service or user account, or (b) any of user acts or omissions, including breach or non-performance of this agreement and any violation of third party rights.

Intellectual Property and Ownership
PriceIt Software 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 PriceIt Software.

PriceIt Software reserves the right to grant licenses to use the Software to third parties.

Termination
This EULA/TOS 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 PriceIt Software.

It will also terminate immediately if you fail to comply with any term of this EULA/TOS agreement. Upon such termination, the licenses granted by this EULA/TOS 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/TOS agreement.

Cancellation
Users can cancel their subscription at any time for any reason within 24 hours of the subscription renewal date. No refunds will be issued for inactive subscribers that don’t use the Software while the subscription is active. Setup, subscription, and associated fees are non-refundable.

Governing Law
This EULA/TOS agreement, and any dispute arising out of or in connection with this EULA/TOS agreement, shall be governed by and construed in accordance with the laws of The United States of America.

Please read this EULA/TOS agreement carefully before completing the installation process and using PriceIt Software. It provides a license to use PriceIt Software and contains warranty information and liability disclaimers.

If you register for a free trial of PriceIt Software, this EULA/TOS agreement will also govern that trial. By clicking “accept” or installing and/or using PriceIt Software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA/TOS agreement.

If you are entering into this EULA/TOS 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/TOS agreement, do not install or use the Software, and you must not accept this EULA/TOS agreement.

This EULA/TOS agreement shall apply only to the Software supplied by PriceIt Software herewith regardless of whether other software is referred to or described herein. The terms also apply to any PriceIt Software updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant
PriceIt Software hereby grants you a personal, non-transferable, non-exclusive license to use PriceIt Software on your devices in accordance with the terms of this EULA/TOS agreement.

You are permitted to load PriceIt Software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of PriceIt 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 PriceIt Software considers is a breach of this EULA/TOS agreement