This End User Agreement (the "Agreement") is a legal agreement between you (the "User" or "You") and Off-Site Labs, Inc. (the "Service Provider" or "We") for the use of the
any software product and/or online service provided by the Service Provider. By accessing, using, purchasing a license, or registering for the online service, you agree to be
bound by the terms and conditions of this Agreement. If you do not agree with these terms and conditions, do not use the online product or service.
SERVICE USAGE
1.1 License Grant. Subject to the terms of this Agreement, the Service Provider grants the User a personal, non-exclusive, non-transferable, and limited license to access and use
the product or online service for the duration of your active license or subscription, if applicable, in accordance with the documentation and instructions provided by the Service Provider.
1.2 No Resale. You agree not to resell, sublicense, distribute, or make the license or online service available to any third party without the prior written consent of the Service Provider.
LIMITED LIABILITY
2.1. Disclaimer of Warranties. THE PRODUCT OR ONLINE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY 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. THE SERVICE PROVIDER DOES NOT WARRANT THAT THE PRODUCT OR ONLINE SERVICE WILL BE ERROR-FREE OR
UNINTERRUPTED, OR THAT IT WILL MEET YOUR SPECIFIC REQUIREMENTS.
2.2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF LIFE, LOSS OF PROPERTY, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT OR THE ONLINE SERVICE.
2.3. Total Liability. IN NO EVENT SHALL THE SERVICE PROVIDER'S TOTAL LIABILITY TO THE USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, EXCEED THE AMOUNT PAID BY THE USER TO THE SERVICE PROVIDER FOR THE USE OF THE PRODUCT OR THE ONLINE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
INDEMNIFICATION
The User agrees to defend, indemnify, and hold harmless the Service Provider, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses,
or expenses, including reasonable attorney's fees and costs, arising out of or in connection with the User's use of the product or online service.
GOVERNING LAW
This Agreement is governed by and construed in accordance with the laws of Harris County, in the State of Texas, without regard to its conflict of law principles.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the User and the Service Provider with respect to the product or online service and supersedes all prior or contemporaneous
understandings or agreements, whether written or oral.
AMENDMENTS
The Service Provider reserves the right to update or modify this Agreement from time to time. The User will be notified of any changes, and the continued use of the product or
online service after such changes constitutes acceptance of the modified Agreement.
By accepting this Agreement, the User acknowledges that they have read and understood its terms and conditions, and they agree to be bound by them.
I agree to this End User License Agreement