This Agreement does not apply to any program licensed by General Public License (in particular, Version 3 as of 29 June 2007), which may be conveyed by 3IXAM. Please visit this page to review legal terms of use of such a program.
END-USER LICENSE AGREEMENT FOR 3IXAM SOFTWARE
IMPORTANT-READ CAREFULLY: THIS 3IXAM END-USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND 3IXAM. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION OR OTHER ACCESS PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND. THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY 3IXAM HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.
This is an agreement between you and 3IXAM and governs your use of 3IXAM Software. “You” and “your” means the individual or legal entity licensing the Software under this EULA. “Use” or “using” means to download, install, activate, access or otherwise use the Software. “Software” means the 3IXAM computer programs, associated software license keys, if any (“License Keys”) and any Upgrades made available to you by 3IXAM. “Updates” means all updates, upgrades, bug fixes, error corrections, enhancements and other modifications to the Software and backup copies thereof. You agree to be bound by the terms of this EULA through (a) your download, installation, or use of the Software; or (b) your express agreement to this EULA. If you do not have authority to enter into this EULA or you do not agree with its terms, do not use the Software. You may request a refund for the Software within 30 days of your initial purchase provided you return the Software to 3IXAM and disable or uninstall it. The Software may include associated software components, media, printed materials and "online" or electronic documentation developed and provided by 3IXAM. If you accept this EULA or install or use the Software on behalf of a business entity, then you represent that you have authority to take those actions, and this EULA will be binding on that business entity. If you do not agree to this EULA, do not install or use the Software. If you purchase the Software as an individual consumer, nothing in this EULA affects your statutory rights if the laws of your state or country do not permit it to do so. The terms of this EULA will govern any content, materials, or services accessible from or purchased from 3IXAM as well as the Upgrades that replace or supplement the original Software, unless such Update is accompanied by another EULA. As a condition of downloading and using the Software, you agree to the terms of the 3IXAM Privacy Policy, which may be updated from time to time and without notice, but will in no event be less stringent than the current policy.
GRANT OF LICENSE. Subject to payment of the applicable fees and compliance with this EULA, 3IXAM grants you a personal, limited, non-exclusive and non-transferable license to use object code versions of the Software solely for your internal operations and in accordance herewith. In the event that 3IXAM requires you to register as an end user, your license is valid only if the registration is complete and accurate. The Software may contain open source software, subject to separate license terms made available with the Software. If the Software is licensed for a specified term, your license is valid solely for the applicable term. Your right to use the Software begins on the date the Software is made available for download or installation and continues until the end of the specified term, unless otherwise terminated in accordance with this EULA. The Software is licensed to you, not sold. Subject to the condition that you are in compliance with the terms of this EULA, 3IXAM grants you the following licenses: you may install and use as many copies of the Software, or any prior version for the same operating system, for use strictly for the personal use, on any computer owned and used by you. No other use, copying or distribution of the Software is permitted. Your use of the Software shall be subject to restrictions and limitations as specified in this EULA. You cannot modify the Software or disable any licensing or control features of the Software directly. If the Software is licensed for concurrent use, you may not allow more than the maximum number of authorized devices and users to use the Software concurrently. If you are installing this copy of the Software as an upgrade, update, patch or enhancement of a prior release of the same Software which was installed on the same computer, your rights under the prior license agreement for the Software are terminated, and all of your use of the Software (including its prior versions) are solely under the terms of this EULA.
3IXAM grants you a limited non-exclusive and nontransferable license to install, use, access, display and run one copy of the Software on a single mobile device, local hard disk(s) or other permanent storage media of one computer and you may not make the Software available over a network where it could be used by multiple computers at the same time. You may not transfer, redistribute or sublicense the Software. You may not copy (except as permitted by this EULA), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Software). You may not alter, merge, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. You may not rent, lease, or sublicense the Software. Unless otherwise expressly authorized in a separate written agreement between, and executed by you and 3IXAM, you may not use, or permit the use of, the Software on a timeshare or service bureau basis. In addition, unless otherwise expressly authorized in a separate written agreement executed by you and 3IXAM, you may not host, on a subscription basis or otherwise, the Software to permit a third party to use the Software to create any content, including but not limited to, another software or code. You may make one copy of the Software in machine readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
You will not and will not allow a third party to (a) interfere with other customers’ access to, or use of, the Software or with its security; (b) facilitate the attack or disruption of the Software, including a denial of service attack, unauthorized access, penetration testing, crawling, or distribution of malware (including viruses, trojan horses, worms, time bombs, spyware, adware, and cancelbots); (c) cause an unusual spike or increase in your use of the Software that negatively impacts the Software’s operation; (d) transfer, sublicense, or assign your rights under this license to any other person or entity, unless expressly authorized by 3IXAM in writing; (e) modify, adapt or create derivative works of the Software; (f) reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code or otherwise attempt to discover the source code or algorithms of, the Software (except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation); (g) make the functionality of the Software available to third parties, whether as an application service provider, or on a rental, service bureau, cloud service, hosted service, or other similar basis unless expressly authorized by 3IXAM in writing; (h) use Software that is licensed for a specific device, whether physical or virtual, on another device, unless expressly authorized by 3IXAM in writing; or remove, modify, or conceal any product identification, copyright, proprietary, intellectual property notices, markings or other marks on or within the Software; (i) transfer the License Keys to any other person or entity; (j) download Updates unless you have a valid support agreement; (k) install and operate counterfeit versions of the Software (i.e. software provided by anyone other than 3IXAM or an authorized representative of 3IXAM); (l) violate or circumvent any technological use restrictions in the Software; (m) Sell, loan, rent, lease, sublicense, distribute or encumber (e.g., by lien, security interest, etc.) the Software; (n) use any trademarks or service marks of 3IXAM or its affiliates; (o) provide access to the Software or allow use by any third party without 3IXAM's prior written consent; (p) copy, republish, upload, post or transmit the Software in any way; (q) modify or create derivative works based upon the Software, or decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part; (r) attack or attempt to undermine the security, integrity, authentication or intended operation of the Software; (s) use the Software on a service bureau, rental or managed services basis; (t) Create or permit others to create Internet "links" to the Software or "frame" or "mirror" the Software on any other server, wireless or Internet-based device; (u) use the Software to create a competitive offering; (v) use the Software to create other software, products or technologies; (w) share or publish the results of any benchmarking of the Software without 3IXAM’s prior written consent; (x) use the Software for high risk activities, including without limitation online control systems, or use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support, weapons systems or in any other device or system in which function or malfunction of the Software could result in death, personal injury or physical or environmental damage; (y) use the Software for activities related to weapons of mass destruction, including but not limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, nuclear weapons, missiles or support of missile projects, or chemical or biological weapons; and (z) Assign this EULA, or any right or obligation under this EULA, or delegate any performance, without 3IXAM’s prior written consent. Even if 3IXAM consents to an assignment, you remain responsible for all obligations under this EULA that you incurred prior to the effective date of the assignment.
Certain items of the Software may be subject to open source licenses. The open source license provisions may override some of the terms of this EULA.
3IXAM reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. 3IXAM or its affiliates own the title, copyright and other intellectual property rights in the Software.
SOFTWARE UPDATES. 3IXAM may make available to you updates, upgrades, supplements and add-on components (if any) of the Software, including bug fixes, service upgrades (parts or whole), and updates, enhancements and feature improvements or deletion to any Software (including entirely new versions), (collectively the "Update") after the date you obtain your initial copy of the Software. Notwithstanding any other provision of this EULA, you are not permitted to use Upgrades unless you, at the time of acquiring such Upgrade: (a) already hold a valid license to the original version of the Software, are in compliance with such license, and have paid the applicable fee for the Upgrade; and (b) limit your use of Upgrades or copies to use on devices you own or lease. This EULA applies to all and any component of the Update, unless 3IXAM provides other terms along with such Update. To use the Software provided through Update, you must first be licensed for the Software identified by 3IXAM as eligible for the Update.
THIRD PARTY USE OF SOFTWARE. You may permit a third party to use the Software licensed to you under this EULA if such use is solely (i) on your behalf, (ii) for your internal operations, and (iii) in compliance with this EULA. You agree that you are liable for any breach of this EULA by that third party.
EXPORT AND GOVERNMENT RESTRICTIONS. You acknowledge that the Software is subject to export restrictions of various countries. You agree to comply with all applicable international and national laws that apply to the Software, including all the applicable export restriction laws and regulations. You may not export or re-export the Software in violation of any applicable laws or regulations including but not limited to those of the United States of America and the European Union. In addition, if the Software is identified as export controlled items under the export laws of the United States of America or the European Union, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation and that you are not otherwise prohibited under applicable export laws from receiving the Software. Moreover if your acquisition of the Software is subject to the laws of the United States of America, you represent and warrant that you will comply with any specific restrictions and regulations that might be applicable to all contracts or agreements (including but not limited to the reproduction of the “restricted rights” proprietary notices and/or legends) concluded with the United States government or its agents and representatives. All rights to use the Software are granted on the condition that those rights are forfeited if you fail to comply with the terms of this EULA.
MARKING AND MAINTENANCE OF COPYRIGHT. You may not remove or change the marking of the copyright from the Software and all of its copies.
EVALUATION LICENSE. If you license the Software for evaluation purposes or other limited, temporary use as authorized by 3IXAM (the “Evaluation Product”), your Use of the Evaluation Product is only permitted for the period limited by the License Key or otherwise stated by 3IXAM in writing. If no evaluation period is identified by the License Key or in writing, then the evaluation license is valid for thirty (30) days from the date the Software is made available to you. You will be invoiced for the list price of the Evaluation Product if you fail to return or stop using it by the end of the evaluation period. The Evaluation Product is licensed “AS-IS” and “AS AVAILABLE” without support or warranty of any kind, express or implied. 3IXAM does not assume any liability arising from any use of the Evaluation Product. You may not publish any results of benchmark tests run on the Evaluation Product without first obtaining written approval from 3IXAM. You authorize 3IXAM to use any feedback or ideas you provide 3IXAM in connection with your use of the Evaluation Product.
INTELLECTUAL PROPERTY RIGHTS. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties that are relevant to your use of the Software. All title and copyrights in and to the Software and any copies of the Software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software) are owned by 3IXAM. All title and intellectual property rights in and of the content which may be accessed through use of the Software is the property of the respective content owners and may be protected by the applicable copyright or other intellectual property laws and treaties. Without 3IXAM's prior consent, the act of arbitrarily reproducing, copying or distributing this product and relevant print materials, shall be material breach of this EULA, and violation of the relevant copyright laws. In case of any violation or breach of terms of this EULA, 3IXAM may hold you directly liable for compensation.
OWNERSHIP. Except where agreed in writing, nothing in this EULA transfers ownership in, or grants any license to, any intellectual property rights. You retain any ownership of your content and 3IXAM retains ownership of the Software. 3IXAM retains ownership of all intellectual property rights in and to the Software, including copies, improvements, enhancements, derivative works and modifications thereof. Your rights to use the Software are limited to those expressly granted by this EULA. No other rights with respect to the Software or any related intellectual property rights are granted or implied.
THE SOFTWARE IS PROVIDED TO YOU “AS IS“AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY 3IXAM SHALL CREATE A WARRANTY. 3IXAM DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR OR BUG FREE, OR PERFORM OR FUNCTION AS INTENDED. IN THE EVENT THAT THE SOFTWARE PRODUCT IS FOUND TO BE DEFECTIVE, YOU MAY BE AFFORDED WITH THE THEN AVAILABLE SUPPORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3IXAM DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS WITH REGARD TO OR ARISING OUT OF THE SOFTWARE, EITHER EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND/OR ACCURACY OF INFORMATION. SOME JURISDICTIONS, COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION OF WARRANTIES MAY NOT APPLY TO YOU ONLY TO THE EXTENT SUCH APPLICATION IS CONTRARY TO THE LAWS OF RELEVANT JURISDICTIONS, COUNTRIES OR STATES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
FEES. To the extent permitted by law, orders for the Software are non-cancellable. Where 3IXAM provides a refund of fees paid for the Software, you must return or destroy all copies of the Software.
TAXES. Your fees under this EULA exclude any taxes or duties payable in respect of the Software in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable to 3IXAM, you must pay to 3IXAM the amount of such taxes or duties in addition to any fees owed under this EULA. Notwithstanding the foregoing, you may have obtained an exemption from relevant taxes or duties as of the time such taxes or duties are levied or assessed. In that case, you will have the right to provide to 3IXAM any such exemption information, and 3IXAM will use reasonable efforts to provide such invoicing documents as may enable you to obtain a refund or credit for the amount so paid from any relevant revenue authority if such a refund or credit is available.
WAIVER AND SEVERABILITY. Failure to enforce a provision of this EULA will not constitute a waiver of that or any other provision of this EULA. If a court of competent jurisdiction determines that any part of this EULA or document that incorporates this EULA by reference is unenforceable, that ruling will not affect the validity of all remaining parts.
APPLICABLE LAW. This EULA is governed by the laws of the jurisdiction where you are a resident, without regards to it conflicts of law provisions. This EULA shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
DISPUTE RESOLUTION. If a dispute, controversy or difference rising in any way from this EULA or your use of the 3IXAM Software is not amicably settled, it shall be subject to the non-exclusive jurisdiction where you are a resident. Notwithstanding the foregoing, 3IXAM may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and 3IXAM relating to the Software and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
LIMITATION OF LIABILITY. The terms of this Section are agreed allocations of risk constituting part of the consideration for 3IXAM’s licensing of the Software to you and will apply even if there is a failure of the essential purpose of any limited remedy, and regardless of whether a party has been advised of the possibility of the liabilities. If applicable law prohibits any portion of the limits on liability stated below, the parties agree that such limitation will be automatically modified, but only to the extent required to make the limitation compliant with applicable law.
You are solely and entirely liable for the performance or results you may obtain by using the Software and 3IXAM shall not be liable for losses arising from your use of the Software and for any losses arising from your inability to use the Software. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 3IXAM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF 3IXAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, 3IXAM'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$**.00. SOME JURISDICTIONS, COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU ONLY TO THE EXTENT SUCH APPLICATION IS CONTRARY TO THE LAWS OF RELEVANT JURISDICTIONS, COUNTRIES OR STATES.
3IXAM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SOFTWARE OR ANY THIRD PARTY APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF 3IXAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, 3IXAM’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SOFTWARE OR ANY OTHER PROVISION OF THIS EULA, SHALL NOT EXCEED THE AMOUNT YOU PAID. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL 3IXAM BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall 3IXAM’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ** dollars ($**.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
LIMITATION ON DIRECT DAMAGES. Except for your obligation to pay for the Software, or for your violation of the EULA or 3IXAM’s intellectual property rights, the total liability of you arising out of any dispute is limited to the amount you paid for the Software that is the subject of the dispute, but excluding amounts received as reimbursement of expenses or payment of taxes.
DISCLAIMER OF CERTAIN OTHER DAMAGES. Except for your obligation to pay for the Software, or for your violation of the EULA or 3IXAM’s intellectual property rights, neither you nor 3IXAM shall have any liability under this EULA for special, consequential, exemplary, punitive, incidental or indirect damages, or for lost profits, loss of revenue, loss or corruption of data, loss of use or procurement of substitute products or services. Types of loss wholly excluded (i) loss of profits. (ii) loss of sale or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (iv) loss of use or corruption of software, data or information; (v) loss of or damage to goodwill, (vi) Indirect or consequential loss.
REGULAR BACKUPS. You are solely responsible for your data. You must back up your data before 3IXAM or a third party performs any remedial, upgrade or other work on your production systems. You acknowledge that it is a best practice to have more than one back up copy of your data. If applicable law prohibits exclusion of liability for lost data, then 3IXAM will only be liable for the cost of the typical effort to recover the lost data from your last available back up.
LIMITATION PERIOD. Except as stated in this Section, all claims must be made within the period specified by applicable law. If the law allows the parties to specify a shorter period for bringing claims, or the law does not provide a time at all, then claims must be made within 18 months after the cause of action accrues.
TERM AND TERMINATION. This EULA shall remain effective until terminated or until the expiration of the applicable license or subscription term. You may terminate the EULA at any time by ceasing use of or destroying all copies of Software. This EULA automatically terminates at the end of your subscription period unless you renew your rights. 3IXAM may terminate this EULA if you commit a material breach of this EULA and fail to cure such breach within thirty (30) days following your receipt of notice of the breach from 3IXAM. This right to terminate applies accordingly if 3IXAM does not receive timely payment for the licenses to the Software. When this EULA terminates, all licenses granted automatically terminate and you must immediately cease use of the Software and return or destroy all copies of the Software. You will certify such deletion upon request of 3IXAM. Except as otherwise agreed by 3IXAM, you will not get a refund from 3IXAM if this EULA is terminated. Rights and obligations under Sections of this EULA that, by their nature should survive, will survive termination, as well as obligations for payment.
TERMINATION FOR CONVENIENCE. You may choose to stop using the Software and terminate this EULA at any time for any reason, upon any such termination (i) you will not be entitled to a refund of any pre-paid fees and (ii) if you have not already paid all applicable fees for the then-current Term or related services period (as applicable), any such fees that are outstanding will become immediately due and payable.
EFFECTS OF TERMINATION. Upon any expiration or termination of this EULA, your license to the Software terminates (even if the Term is identified as “perpetual” or if no expiration date is specified in your order) and you must cease using and delete (or at our request, return) all Software in your possession.
TRANSFERABILITY. Neither this EULA nor any rights, duties or obligations hereunder shall be assignable or transferable, in whole or in part.
INTEGRATION. If any portion of this EULA is found to be void or unenforceable, the remaining provisions of the EULA shall remain in full force and effect. Except as expressly stated or as expressly amended in a signed agreement, the EULA constitutes the entire agreement between the parties with respect to the license of the Software and supersedes any conflicting or additional terms contained in any purchase order or elsewhere, all of which terms are excluded. The parties agree that the English version of the EULA will govern in the event of a conflict between it and any version translated into another language.
PRIVACY POLICY. At 3IXAM we take your privacy seriously. Your installation, registration, access and/or use of the Software (or any portion thereof) may result in the collection, use and/or disclosure of personal information about you by 3IXAM. By accepting this EULA and using the Software you agree that 3IXAM and its affiliates may collect, use, and disclose the information as described in 3IXAM's then current privacy policy, which may be viewed at *** and may be modified periodically. 3IXAM is committed to protecting your privacy and data security. Our goal is to provide you with a positive experience when using the Software, while at the same time keeping your personal information, as defined in the 3IXAM Privacy Policy (the "Privacy Policy"), secure. Our privacy practices are described in the Privacy Policy. At all times your information will be treated in accordance with the Privacy Policy, which is incorporated by reference into this EULA. Should you like to contact us regarding privacy or any other matter contained in this EULA, please contact us at our email address – [email protected]. 3IXAM collects information about you and determine the purposes and means of processing your personal data in its role as data controller when you use the Software. You hereby instruct 3IXAM to process the personal data that you share with 3IXAM in order to provide you with and improve the Software.
CONSENT TO USE OF DATA. By using the Software, you agree to the use of your information in the manner described below and in accordance with the Privacy Policy. (a) Updates. To provide updates to the 3IXAM Software, you agree that 3IXAM and its affiliates may collect and use technical information gathered as part of the product support services related to the Software provided to you, if any, such as IMEI (your device's unique identification number), device number, model name, sales code, access recording, your device's current software version, MCC (Mobile Country Code), and MNC (Mobile Network Code). 3IXAM may use this information solely to improve the Software or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. (b) Diagnostic and Usage Data. If you opt in to diagnostic and usage collection, you agree that 3IXAM and its affiliates may collect maintain, process and use diagnostic, technical and usage related information to provide and improve 3IXAM products and services, facilitate the provision of the Updates, product support and other services to you, if any, related to the Software, and to verify compliance with the terms of this EULA.