This End-User License Agreement (referred to as the “EULA”) is a legally binding agreement between You, the Licensee, an individual customer or entity, and the INTELICHARGE, the company, and the author of the INTELICHARGE Software and Application (“Licensed Product”) which may include associated media, printed materials, and online or electronic documentation. This Agreement is a legally binding contract that includes terms that limit your legal rights and Licensors’ liability to you, and shall govern all access to and use of the Licensed Produce. You hereby agree, without limitation or alteration, to all the terms and conditions contained herein.
Please read this EULA carefully before downloading or using the Licensed Product. By installing, copying, or otherwise using the Licensed Product (Software), the Licensee agrees to be bound by the terms and conditions outlined in this EULA. However, if the Licensee does not agree to the terms and conditions outlined in this EULA, the said Licensee may not download, install, or use Software.
DEFINITIONS
“Application” means the software program named InteliCharge App developed by the Company and downloaded by You through an Application Store’s account to a personal device or other third-party equipment.
“Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
“EULA” shall refer to this End-User-License-Agreement, including any amendment to this Agreement.
“Licensee” shall refer to the individual or entity that downloads and uses the Software.
“Licensor” shall refer to the company or author, INTELICHARGE.
“Software/Licensed product” shall mean InteliCharge software and app, the Licensed Product provided pursuant to this EULA.
GRANT OF LICENSE
Subject to the terms of this EULA, the INTELICHARGE hereby grants to the Licensee, a royalty-free, revocable, limited, non-exclusive license during the term of this EULA to possess and to use a copy of the Software. The Software is being distributed by INTELICHARGE. You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
INTELLECTUAL PROPERTY
You hereby unconditionally agree that all right, title and interest in the copyrights and other intellectual property rights in the Licensed Product reside with the Licensor. The trademarks, logos, designs, and service marks appearing on the Licensed Product are registered and unregistered marks of the Licensor. Accordingly, nothing in this EULA or the Licensed Product grants you any right to use any form of intellectual property contained in the Licensed Product.
Therefore, all rights, titles, interests, and copyrights in and/or to the Software, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithm, and information, are owned by the Licensor. Accordingly, the Software is protected by all applicable copyright laws and international treaties, and the Licensee is expected to use the Software concerning all intellectual property contained therein, except as otherwise provided for in this EULA.
DESCRIPTION OF RIGHTS AND LIMITATIONS
Installation and Use: Licensee may install and use the Software on a shared computer or concurrently on different computers, and make multiple back-up copies of the Software, solely for Licensee’s use within Licensee’s business or personal use.
Reproduction and Distribution: Licensee may not duplicate or redistribute copies of the Software, without the Licensors express written permission.
Licensee Limitation: The Licensee may not:
You agree not to, and You will not permit others, to:
MODIFICATIONS TO THE APPLICATION
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
UPDATE AND MAINTENANCE
INTELICHARGE shall provide updates and maintenance on an agreed upon basis or as-needed basis.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
PRIVACY POLICY
The Company collects, stores, maintains, and shares information about You in accordance with Privacy Policy.
By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.
SUPPORT
INTELICHARGE has no obligation to Software support, or to continue providing or updating any of the Software.
TERMINATION
In the event of termination, all licenses provided under this EULA shall immediately terminate, and you agree to discontinue accessing or attempting to access this Licensed product.
Accordingly, this EULA may be:
1. Automatically terminated if the Licensee fails to comply with any of the terms and conditions under this EULA;
2. Terminated by INTELICHARGE; or
3. Terminated by the Licensee.
Either INTELICHARGE or the Licensee may terminate this EULA immediately upon written notice to the other party, including but not limited to electronic mail. Once termination notice is provided Licensee shall cease all use of the Licensed Product. Any use after termination by the Licensee shall be deemed unauthorized and subject to criminal and civil penalties.
NON-TRANSFERABILITY
The Licensee has the option to permanently transfer all rights under this EULA, provided the recipient agrees to the terms of this EULA. Accordingly, this EULA is not assignable or transferable by the Licensee without the prior written consent of INTELICHARGE; and any attempt to do so shall be void.
NOTICE
Any notice, report, approval or consent required under this EULA shall be in writing and deemed to have been duly given if delivered by recorded delivery to the respective addresses of the parties.
INTEGRATION
Both parties hereby agree that this EULA is the entire and exclusive statement and legal acknowledgment of the mutual understanding of the parties and supersedes and cancels any previous written and oral agreement and/or communication relating to the subject matter of this EULA.
SEVERABILITY
No delay or failure to exercise, on the part of either party, any privilege, power or rights under this EULA shall operate as a waiver of any of the terms and provisions of this EULA. Accordingly, no single or partial exercise of any right under this Agreement shall preclude further exercise of any other right under this EULA. Suppose any of the outlined provisions of this EULA is deemed to be unenforceable or invalid in whole or in part by a court of competent jurisdiction. In that case, such provision shall be limited to the minimum extent necessary for this EULA to remain in full force and effect and enforceable. The remaining provisions of this Agreement shall not be rendered unenforceable or invalid. They shall continue to be enforceable and valid in isolation of the unenforceable and invalid provisions of this EULA.
WARRANTY & DISCLAIMER
INTELICHARGE, and author of the Software, expressly disclaim any warranty for the Licensed Product. The Licensed Product and all applicable documentation is provided as-is, without warranty of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Accordingly, the Licensee accepts any risk arising out of the use or performance of the Software.
LIMITED LIABILITY
The Licensee agrees that the INTELICHARGE shall not be liable to Licensee, or any other related person or entity claiming 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 INTELICHARGE has been advised of the possibility of such damages. These limitations shall necessarily apply regardless of the primary purpose of any limited remedy. Under no circumstances shall INTELICHARGE aggregate liability to the Licensee, or any other person or entity claiming through the Licensee, exceed the actual monetary amount paid by the Licensee to INTELICHARGE for the Software.
INDEMNIFICATION
You hereby agree to indemnify and hold INTELICHARGE harmless from and against all liabilities, damages, losses or expenses, including but not limited to reasonable attorney or other professional fees in any claim, demand, action or proceeding initiated by any third-party against INTELICHARGE, arising from any of your acts, including without limitation, violating this EULA or any other agreement or any applicable law.
CHANGES TO THIS AGREEMENT
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
ENTIRE AGREEMENT
This Agreement rightly constitutes the entire understanding between the INTELICHARGE and the Licensee and all parties involved. It supersedes all prior agreements of the parties, whether written or oral, express or implied, statement, condition, or a representation or warranty.
GOVERNING LAW AND JURISDICTION
This EULA shall be deemed to be construed under the jurisdiction of the courts located in NEW JERSEY, USA, without regard to conflicts of laws as regards the provisions thereof. Any legal action relating to this EULA shall be brought exclusively in the courts of NEW JERSEY, USA, and all parties consent to the jurisdiction thereof. Furthermore, the prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, legal fees. Accordingly, this EULA is made within the exclusive jurisdiction of the NEW JERSEY, USA and its jurisdiction shall supersede any other jurisdiction of either party’s election.
CONTACT US
If you have any questions about this Agreement, You can contact Us: 732-646-4454 | [email protected]
