END-USER LICENSE AGREEMENT (“EULA”) OF BUGPLUG BY OMATUM, INC.
This End-User License Agreement ("EULA") is a legal agreement between you and Omatum, Inc.
This EULA agreement governs your acquisition and use of our BugPlug software ("Software").
Please read this EULA agreement carefully before completing the installation process and using the BugPlug software. It provides a license to use the BugPlug software and contains warranty information and liability disclaimers.
If you register for a free trial of the BugPlug software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the BugPlug software, you are confirming your acceptance of and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA 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 agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply to the Software supplied by Omatum, Inc. herewith regardless of whether other software is referred to or described herein. The terms also apply to any Omatum, Inc. updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items. If so, those terms also apply.
DISCLOSURE REGARDING OPERATION OF THE SOFTWARE AND CONFIDENTIAL INFORMATION
The Software captures, processes and displays information contained on websites and web applications and publishes that information to integrated third-party software and services such as Trello. This may result in the captured information being accessible to the general public or other unanticipated individuals.
The captured and displayed information can include any data present on the website or application where the Software script or integration is installed even if that information is visually obfuscated or hidden from an end-user.
Therefore, this Software and integration scripts that make it function should NOT be installed, integrated or configured on the security or password entry pages of any website and the Software should not be used on any website or web application which contains information that is confidential, propriety or otherwise protected by law.
You agree to indemnify and hold harmless Omatum, Inc., and the third party-software and integrations linked to your use of the Software from any loss, theft or breach of confidential information and as further specified in the INDEMNITY section of this EULA.
Omatum, Inc. hereby grants you a personal, non-transferable, non-exclusive license to use the BugPlug software on your devices and internet domains in accordance with the terms of this EULA agreement.
You are permitted to load and configure the BugPlug software only for domains which you own or are authorized to control. You are responsible for ensuring that you have the proper authorization to load the software and that your systems meet the minimum requirements of the BugPlug 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 or use the Software for any purpose that Omatum, Inc. considers is a breach of this EULA agreement.
INTELLECTUAL PROPERTY OWNERSHIP
Omatum, Inc. shall at all times retain ownership of the Software. 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 Omatum, Inc.
Omatum, Inc. reserves the right to grant licenses to use the Software to third-parties.
OWNERSHIP OF CONTENT SUBMITTED OR MADE AVAILABLE THROUGH THE SOFTWARE
We do not claim ownership of content you or your employees or end users submit or make available for inclusion with the Software or service, however, with respect to content you or your employees or end users submit or make available by using the Software, you grant us the following worldwide, royalty-free, and non-exclusive license(s), as applicable:
(a) to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content on the Service for you and to publish such content to third-party software which you integrate or link to our Software including but not limited to Trello. This license exists only for as long as you elect to continue to use the Software and terminates at the time you remove such Content from the Service or such content is removed after the termination of service.
You agree, consent and understand that we may access your account and/or the information stored, hosted or connected with your account or use of the Software for, the purposes of providing you our Software and Services, customer support, or ensuring the security, performance and operation of the service for all our customers or, to comply with any law enforcement requests.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SOFTWARE, OMATUM, INC., AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE SOFTWARE, OMATUM, INC., AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS, MAKE NO WARRANTY THAT (i) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, PROVIDED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL ACCESSED, REPRODUCED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS, LOSS OR THEFT OF DATA, BREACH OF CONFIDENTIALITY OF INFORMATION OR OTHER LOSS THAT RESULTS FROM THE USE OF THE SOFTWARE .
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SOFTWARE, OMATUN, INC., OR ITS EMPLOYEES, PRINCIPALS OR AGENTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE EULA.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SOFTWARE, AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF ADVERTISING REVENUE, SUBSCRIPTIONS OR PRODUCT SALES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH LOSSES ARE REASONABLY FORESEEABLE OR WE HAVE ACTUAL NOTICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SOFTWARES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SOFTWARES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOFTWARE; OR (v) ANY OTHER MATTER RELATING TO THE SOFTWARE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU MAY BE OFFERED TECHNICAL SUPPORT AS PART OF THE SOFTWARE AND SERVICES UNDER WHICH WE MAY MAKE MODIFICATIONS TO YOUR ACCOUNT, ITS CONTENT AND THE CONFIGURATION OF THE ASSOCIATED SOFTWARE AND SERVICES WHICH MAY DELAY, IMPEDE OR OTHERWISE AFFECT THE DELIVERY OF YOUR CONTENT OR SERVICE AND/OR RESULT IN THE DELETION OF YOUR CONTENT, YOU EXPRESSLY UNDERSTAND AND AGREE THAT OMATUM, INC., AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF ADVERTISING REVENUE, SUBSCRIPTIONS OR PRODUCT SALES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM PROVIDED TECHNICAL SUPPORT.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless the Omatum, Inc., and the third-party software and integrations linked to your use of the software and their officers, agents, employees, partners, and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you or your end users submit, post, transmit or otherwise make available through the Software, the breach, loss of theft of your or any third-party’s confidential or legally protected information, for you or your employees and agents use of the Software, your connection to the Software, your violation of the EULA, or your violation of any rights of another, expressly including, but not limited to claims of infringement of a third-party’s copyrights or patents.
This EULA agreement is effective from the date you first use the Software, You may terminate it at any time upon written notice to Omatum, Inc.
Upon any termination, the license(s) granted to you by this EULA 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 agreement including the provisions regarding INDEMNITY, GOVERNING LAW AND CHOICE OF FORUM, WAIVER AND SEVERABILITY OF TERMS, STATUTE OF LIMITATIONS AND ANY AND ALL LIMITATIONS ON LIABILITY AND DISCLAIMER OF WARRANTY.
GOVERNING LAW AND CHOICE OF FORUM
This EULA agreement, and any dispute arising out of or in connection with this EULA and the use of the Software shall be governed by and construed in accordance with the laws of the State of Florida without regard to any principles of conflicts of law. You agree to submit to the personal and exclusive jurisdiction of the courts sitting in and for Duval County, Florida and any dispute you have with Omatum, Inc., its officer, directors, employees or agents or arising from your use of this Software may only be commenced in the courts sitting in and for Duval County, Florida.
WAIVER AND SEVERABILITY OF TERMS
Any failure by Omatum, Inc., its officers, principals, agents, and employees to exercise or enforce any right or provision of the EULA shall not constitute a waiver of such right or provision. If any provision of the EULA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the EULA remain in full force and effect.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Software and against Omatum, Inc., its officers, directors, employees or agents and assigns, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The EULA constitutes our entire agreement with you and governs your use of the Software, superseding any prior agreements with respect to the Software. You also may be subject to additional terms and conditions that may apply when you use or purchase certain add-on services, affiliate services, third-party content, or third-party software or link or integrate the Software with third-party software or services and you are also subject to the EULA or terms of service of the additional software or service.
Last Updated: October 27, 2017