StepwiseRPA EULA

STEPWISERPA v1 – END USER LICENSE AGREEMENT

This End-User License Agreement (the “EULA”) is a legal agreement between the Licensee, and Stepwise Data Systems, LLC (the “Company”), the author of StepwiseRPA (the “Software”), which may include associated media, printed materials, and “online” or electronic documentation. This EULA applies to Version 1 of the Software.

By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use Software.

1. Definitions

  1. “Company” shall refer to the licensor, Stepwise Data Systems, LLC, the company that publishes the Software.
  2. “Licensee” shall mean, Inc. the company or person that the Company has registered .
  3. “Software” shall mean the StepwiseRPA application, the computer program, any documentation, and any part thereof provided pursuant to this EULA.
  4. “Trial Edition” shall mean a copy of the Software that shall be licensed to a user for a period of 30 days, after which the Software shall become inoperable until a license key is purchased and registered with the Software.

2. Grant of License

  1. Trial Edition. If Licensee has obtained the Trial Edition, the Licensee is granted a limited, non-exclusive, non-transferable license to use a copy of the Software for a period of 30 days, free of charge for the purpose of evaluating the Software to determine appropriate fit and function for Licensee’s needs, and to decide to purchase a license or not.
  2. Purchased Software Product License.  If Licensee has purchased a license, subject to the terms of this EULA, the Company hereby grants to Licensee a limited, perpetual, non-exclusive, non-transferable license to use a copy of the Software. Software is being distributed electronically.
  3. Ownership. The Software is licensed, not sold, to Licensee for use only under the terms of this EULA.
  4. Limited to a Single Device.  Licensee may install and use the Software on a single computer for each purchased license.  The Licensee’s use of the Software shall be solely for Licensee’s use within Licensee’s business.
  5. Reproduction and Distribution.  Licensee may not distribute the Software or its Source Code, any portion of the Software or its Source Code, or a modified version of the Software or its Source Code to any person or entity except to employees of the Licensee for use exclusively within the Licensee’s business.
  6. Reservation of rights. Except for the licence explicitly granted by Clause 2.1, the Licensor reserves all its rights.  The End User acknowledges and agrees that the End User is licensed to use the Software only in accordance with the express provisions of this EULA and not further or otherwise.

3. Description of Rights and Limitations

  1. Software Transfer. Licensee may not transfer any rights under the EULA to any individual or other entity. No part of the Software, its Source Code, or the Third-Party Components used in the Software may be transferred, published, or transmitted.
  2. Restrictions. Except to the extent permitted by applicable mandatory law, the End User shall not: (a) copy or reproduce the Software; (b) merge the Software with any other software; (c) translate, adapt, vary, or modify the Software; or (d) disassemble, decompile, or reverse engineer the Software, or otherwise attempt to derive the source code of the Software.
  3. Further restrictions. The End User shall not: (a) provide, disclose, demonstrate, or otherwise make available the Software to any third party; or (b) use the Software to provide any services or training for any third party; or (c) sell, lease, rent, transfer, hire-out, license, sub-license, assign, distribute, publish, charge, pledge, encumber, commercially exploit, or otherwise deal with the Software, or have any software written or developed that is based on or derived from the Software. 
  4. Separation of Components. Software is licensed as a single product. Its components may not be separated.

4. License Verification

  1. License Key. The Software requires a valid license key to function. Licensee shall be required to enter license key and access the internet through the Software to register license.
  2. Periodic Verification. The Software may periodically require to connect to the Internet to verify the validity of the license.

5. Intellectual Property.  All rights, title, interest, and copyrights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Company. Third party components are licensed from and owned by their respective companies. The Software is protected by all applicable copyright laws and international treaties. Therefore, Licensee is required to treat Software like any other copyrighted material, except as otherwise provided for in this EULA.

6. Non-Support. Unless otherwise agreed by the Parties in writing, the Company shall have no obligation to upgrade, update, bug-fix, to provide support or maintenance services, or to provide assistance or consultancy services in relation to the Software.

7. Terms of License. This EULA is effective until termination.

  1. Automatic Termination. This EULA will automatically terminate without notice if Licensee fails to comply with any of the terms and conditions set forth in this EULA.
  2. Removal of Software. Licensee agrees to stop using and to remove the Software should this EULA be terminated. Licensee agrees that the Company may enforce any and all rights provided by law.

8. Integration.  Both parties agree that this EULA is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this EULA.

9. Jurisdiction.  This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Missouri, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in St. Louis, Missouri, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.

10. Non-Transferable.  This EULA may not be assigned, transferred, or sublicensed by Licensee to any third party; any attempt to do so shall be void.

11. Severability.  It is understood and agreed that no failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.

12. Warranty Disclaimer.  Company, and author of Software, hereby expressly disclaim any warranty for the Software. Software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Licensee accepts any and all risk arising out of use or performance of Software.

13. Limited Liability.  

  1. Licensee acknowledges understanding that the Software is inherently complex and may not be free from errors, and that the Licensee has been advised to verify work produced by the Software. Neither the Company nor its suppliers shall be liable for damages to Licensee, or any other person or entity claiming through Licensee any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if Company has been advised of the possibility of such damages. These limitations shall apply regardless of the essential purpose of any limited remedy. Under no circumstances shall Company’s aggregate liability to Licensee, or any other person or entity claiming through Licensee, exceed the financial amount actually paid by Licensee to Company for the Software or $1, whichever is higher.
  • Licensee agrees to defend, indemnify, and hold harmless the Company, its officers, employees, and agents from any claim, liability, or damages, including attorney fees, that may be brought by a third-party due to the Licensee’s use of the Software.

14. Entire Agreement. This Agreement constitutes the entire agreement between Company and Licensee and its employees, and supersedes all prior understandings of Company and Licensee, including any prior representation, statement, condition, or warranty. 

15. Contact Information.

           Stepwise Data Systems, LLC

           163 Garden Lily, Ln

           Summerville, SC 29485

           Website:           https://www.StepwiseRPA.com

           Email:            info@stepwiserpa.com

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