This End User Software License Agreement (“Agreement”) is made and entered into by and between Kriu Limited, an Irish corporation with its principal office in Dublin, 7 D’Olier Street, Dublin 2 (hereinafter “KRIU”) and User (hereinafter “Customer” or “Licensee”), and is effective and binding on the date defined below as Effective Date.
In consideration of the mutual promises herein contained, the parties agree as follows:
The following terms, when used in this Agreement, shall have the following meanings:
Software on delivery.
compatible with any particular hardware or software platform, or that the operation of the licensed software will be uninterrupted or error free, or that defects in the licensed software will be corrected. The entire risk as to the results and performance of the licensed software is assumed by customer. Furthermore, KRIU does not warrant or make any representation regarding the use or the results of the use of the licensed software or related documentation in terms of their correctness, accuracy, quality, reliability, appropriateness for a particular task or application, currentness, or otherwise. No oral or written information or advice given by KRIU or KRIU’s authorized representatives shall create a warranty or in any way increase the scope of warranties provided in this agreement.
(d) Customer, at the request of KRIU, providing all reasonable assistance to KRIU in connection with the defence, litigation, and settlement by KRIU of the Claim; and (e) KRIU having sole control over the selection and retainer of legal counsel, and over the litigation or the settlement of each Claim. KRIU will indemnify Customer from any judgment finally awarded, for which all avenues of appeal have been exhausted, or any final settlement in connection with any Claims, provided all the conditions of this section are satisfied.
then, upon the occurrence of such event (each, an “Event of Default”), the other party may immediately terminate this Agreement by giving notice of such termination to the defaulting party and/or may exercise any and all other rights and remedies under this Agreement, at law, or in equity.
KRIU shall not be responsible for failures of its obligations under this Agreement to the extent that such failure is due to causes beyond KRIU’s control, including, but not limited to, acts of God, war, acts of any government or agency thereof, fire, explosions, epidemics, quarantine restrictions, strikes, delivery services, telecommunication providers, labor difficulties, lockouts, embargoes, severe weather conditions, delay in transportation, or delay of suppliers or subcontractors.
Customer acknowledges and agrees that KRIU will be irreparably injured if the provisions of Sections 2 (Software License) and 10 (Confidentiality) are not capable of being specifically enforced, and agree that KRIU shall be entitled to equitable remedies for any breach of said Sections, in addition to, and cumulative with, any legal rights or remedies, including the right to damages.
KRIU acknowledges that it is at all times acting as an independent contractor under this Agreement and except as specifically provided herein, not as an agent, employee, joint-venturer, or partner of Customer.
Any notices required or permitted to be given hereunder by either party to the other shall be in writing and shall be deemed duly given or made if delivered: (1) by electronic mean, including e-mail and facsimile; (2) by courier or by a nationally recognized delivery company; or (3) by registered or certified mail, postage prepaid, return receipt requested, in each case, addressed to the parties at the addresses specified at the heading of this Agreement (or to such other addresses as the parties may request in writing by notice given pursuant to this Section).
Neither this Agreement nor any interest in this Agreement may be assigned by Customer without the prior express written approval of KRIU. KRIU may assign, pledge, mortgage, sell to a third party, or otherwise dispose of all or any portion of this Agreement, provided that such action shall not relieve KRIU or its assignees of its obligations to Customer under this Agreement or reduce Customer’s rights hereunder.
Customer agrees KRIU may issue – at no cost for the Customer – press releases regarding the engagement to which this Agreement relates, include Customer’s names and trademarks in its marketing materials and customer lists, and otherwise publicly promote this engagement.
This Agreement may be executed electronically, and one counterpart which shall be deemed an original, will be available to the parties for digital download and safekeeping in pdf format after execution.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by clicking the
“I agree” tick box below.
If the User does not agree to any of these changes, the User must cease using this Web site, and can ask the Data Controller to remove all Personal Data.
Should you have any question about this policy, please email email@example.com
Data Controller and Owner
Omninecs Holding Ltd
3rd Floor East,
12 Bridewell Place
London EC4V 6AP
OMNINECS gathers and uses some information in order to provide products and services and to enable certain functions on this Web site.
Among the types of Personal Data collected, by itself or through third-parties, there are: email address, first name, last name, company name, phone number, Cookies and Web site Usage data.
The Personal Data may be directly provided by the User, or collected automatically when using this Web site.
Users are responsible for any Personal Data of third-parties obtained, published or shared through this Web site and confirm that they have the third party’s consent to provide such information to the Owner.
How and where Personal Data is processed
OMNINECS processes Personal Data in a proper manner and takes proper security measures to prevent unauthorized access, disclosure, alteration, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following procedures and modes strictly related to the purposes indicated.
Occasionally, User’s Personal Data may be accessible to other subjects involved with the Web site operation, such as administration, sales, marketing, legal, system administration or external companies (such as third-party web agencies, providers, mail carriers, hosting providers, IT companies, communications agencies) appointed by the Owner. A list of these parties is available at any time upon request.
User’s Personal Data is processed at the Data Controller’s operating offices and in any other places that the Data Controller considers necessary to carry out the process properly. For further information, please contact the Data Controller.
The Data is stored for the time necessary to offer the service requested by the User. The User can always ask the Data Controller to suspend or remove all Personal Data.
Usage of collected Personal Data
User’s Personal Data is collected to allow the Owner to provide its services in conjunction with the following purposes:
Analytics and Contacting the User.
The services listed in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics (Google Inc.)
Google Analytics is a web analytics service by Google Inc. (“Google”) that tracks and reports Web site traffic. Google uses Personal Data collected to track and analyze the use of this Web site, to generate reports on User activities and share them with other Google services. Google may use the Data collected to customize the ads of its own advertising activity. As Personal Data, Google collects Cookies and Usage data.
Mailing List or Newsletter (This Web site)
By subscribing to the mailing list or the newsletter, the User’s email address will be added to the contact list. The User might receive email messages containing information of commercial or promotional nature concerning KRIU Web site. As Personal Data, the Data Owner will collect the email address.
Contact form (This Website)
By filling in the contact form with Personal Data, the User authorizes OMNINECS to use these details to reply to requests for information, quotes or any other kind of request as indicated in the very form.
As Personal Data, the Data Owner will collect the email address, first name, last name and phone number and company name.