EULA

Last Updated: 10 May 2021

I. SCOPE OF LICENSE. The software is licensed, not sold. This license is a limited, non-exclusive, non-transferable, non-sublicensable license to use the licensed application on any mobile device that you own or control. This agreement only gives you some rights to use the software. BuzzOtter reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

work around any technical limitations in the software;
reverse engineer, decompile or disassemble, attempt to derive the sourcecode of, modify, or create derivative works of the Licensed Application, any updates, or any part therof unless the foregoing restriction is prohibited by applicable law;
make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
publish the software for others to copy;
rent, lease or lend the software;
transfer the software or this agreement to any third party; or
use the software for commercial software hosting services.

II. NO WARRANTIES. BuzzOtter provides the app “as is”, “with all faults” and “as available.” You expressly agree that us of the app is at your sole risk. To the fullest extent permitted by applicable law, BuzzOtter makes no representations, warranties or conditions, express or implied, as to the operation of the app or the information, content or materials included in the app and disclaims any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, (2) warranties or conditions arising through course of dealing or usage of trade, and (3) warranties or conditions that access to or use of the app will be uninterrupted or error-free. BuzzOtter does not warrant that the app, its servers or e-mails sent are error-free, will operate without interruptions or downtime, or are free of viruses or other harmful components.

III. LIMITATION OF LIABILITY. In no event shall BuzzOtter be liable to you or any party related to you for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of data, or other such pecuniary loss), whether under a theory of contract, warranty, tort (including negligence), products liability, or otherwise, even if BuzzOtter has been advised of the possibility of such damages. In no event will BuzzOtter’s total aggregate and cumulative liability to you for any and all claims of any kind arising hereunder exceed the amount of the license fees actually paid by you for the software giving rise to the claim in the twelve months preceding the claim. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

III.1. CERTAIN LIMITATIONS. Some jurisdictions do not allow the exclusion of or limitation or exclusion of certain types of warranties, damages, or liabilities, so the above exclusion and limitations may not apply to you, but in such a case the exclusions and limitations set forth in this Section III shall be applied to the greatest extent enforceable under applicable law.

IV. LIMITATION OF LIABILITY

In no event will BuzzOtter be liable for any damages, including without limitation any direct, indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from these terms or your use of the app, even if BuzzOtter has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action to the extent such exclusion and limitations are prohibited by applicable law. Without limiting the generality of the preceding sections, you acknowledge and agree that BuzzOtter is not responsible or liable for (1) any content; (2) any third party conduct, transmissions or data; (3) any viruses or other disabling features that affect your access to or use of the app; (4) any incompatibility between the app, services, software and hardware; or (5) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the portal. The limitations, exclusions and disclaimers in these terms apply to the maximum extent permitted by applicable law.

V. TERM AND TERMINATION

This agreement is effective upon your acceptance of the Agreement, or upon your downloading, installing, accessing, and using the Software, even if you have not expressly accepted this Agreement. This agreement shall continue in effect until expiration or termination as provided herein (the “Term”). Without prejudice to any other rights, this Agreement will terminate automatically without notice to you if you breach or fail to comply with any of the limitations or other requirements described herein, including the payment of any applicable fees, and you agree that in any such case BuzzOtter may, in addition to any other remedies it may have at law or in equity, remotely disable the Software. You may terminate this License Agreement at any time by providing written notice of your decision to terminate the Agreement to BuzzOtter and ceasing use of the Software. Upon any termination or expiration of the Agreement for any reason, you agree to uninstall the Software and either return to BuzzOtter the Software, all copies thereof, and all license keys that you have obtained, or to destroy all such materials and provide written verification of such destruction to BuzzOtter.

VI. OWNERSHIP; GRANT OF LICENSE

Software, including all releases provided as part of Support, copies and documentation, is copyrighted, trade secret and Confidential Information of BuzzOtter or its licensors, who maintain exclusive title to all Software and retain all right not expressly granted by this Agreement. BuzzOtter grants to Customer, subject to Customer’s compliance with the Agreement terms including but not limited to payment of applicable license fees, a nontransferable, nonexclusive license to use Software solely: (a) in machine-readable, object or executable code form; (b) as specified in the Order; and © for Customer’s internal business purposes. Each Order for Software will identify the Software license unit of measure, and any time period restriction, if applicable. Such limitations may be technically implemented through the use of authorization codes, license keys, or similar devices.

Customer shall not loan, rent, lease, distribute, or otherwise transfer Software without BuzzOtter’s prior written consent, except as part of a permanent transfer of the Software as permitted by this Agreement. Customer may copy Software only as licenses purchased by Customer. Each copy must include all notices embedded in Software as received from BuzzOtter. All developing, enhancing or marketing any product that is competitive with the Software, or (b) disclose to any third party the result of or information pertaining to any testing of the Software against a third party’s products for the purpose of competitive comparison.

VII. Indemnification (REVIEW)

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless BuzzOtter, its affiliates and their respective directors, officers, employees and agents, and Authorized Carriers from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from (a) your use of the BuzzOtter App in violation of this Agreement, and (b) your Product that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy.

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the applicable Payment Processors (which may include BuzzOtter and/or third parties) and the Payment Processors’ affiliates, directors, officers, employees and agents from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from taxes related to Your distribution of Products distributed via the store.

VIII. RESTRICTIONS ON USE

You shall use the Application strictly in accordance with the terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) [install, use or permit the Application to exist on more than one Mobile Device at a time or on any other mobile device or computer]; (g) [distribute the Application to multiple Mobiles Devices]; (h) make the Application users available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by commercial e-mail; or (k) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.