End-User License Agreement
Last Updated: January 15, 2024
Definitions and key terms
To help explain things as clearly as possible in this Eula, every time any of these terms are referenced, are strictly defined as:
- Cookie: small amount of data generated by a website and
saved by your web browser. It is used to identify your browser, provide
analytics, remember information about you such as your language preference
or login information.
- Company: when this policy mentions “Company,” “we,” “us,”
or “our,” it refers to ArkOne Software, 59, Ekford Road, Sukchar, Kolkata, Indiathat is responsible for your information under this Eula.
- Country: where ArkOne Software or the owners/founders
of ArkOne Software are based, in this case is .
- Device: any internet connected device such as a phone,
tablet, computer or any other device that can be used to visit ArkOne Software and use the services.
- Service: refers to the service provided by ArkOne Software as described in the relative terms (if available) and on this platform.
- Third-party service: refers to advertisers, contest sponsors,
promotional and marketing partners, and others who provide our content
or whose products or services we think may interest you.
- Website: ArkOne Software's site, which can be accessed via this URL: https://www.arkone.dev
- You: a person or entity that is registered withArkOne Software to use the Services.
Introduction
This End User License Agreement (the “Agreement”) is a binding
agreement between you (“End User”,“you” or “your”) and ArkOne Software
(“Company”, “we”, “us” or “our”). This Agreement governs the
relationship between you and us, and your use of the Company ArkOne Software. Throughout this Agreement, End User and Company may each be referred
to as a “Party” or collectively, the “Parties”.
If you are
using the website on behalf of your employer or other entity (an
“Organisation”) for whose benefit you utilise the website or who owns or
otherwise controls the means through which you utilise or access the
website, then the terms “End User”, “you”, and “your” shall apply
collectively to you as an individual and to the Organisation. If you
use, or purchase a license or to, the website on behalf of an
Organisation, you hereby acknowledge, warrant, and covenant that you
have the authority to 1) purchase a license to the website on behalf of
the Organisation; 2) bind the Organisation to the terms of this
Agreement.
By downloading, installing, accessing, or using
the website you: (a) affirm that you have all of the necessary
permissions and authorisations to access and use the website; (b) if you
are using the website pursuant to a license purchased by an
organisation, that you are authorised by that organisation to access and
use the website(c) acknowledge that you have read and that you
understand this agreement; (d) represent that you are of sound mind and
of legal age (18 years of age or older) to enter into a binding
agreement; and (e) accept and agree to be legally bound by the terms and
conditions of this agreement.
If you do not agree to these
terms, do not download, install, access, or use the software. if you
have already downloaded the software, delete it from your computing
device.
The Application is licensed, not sold, to you by ArkOne Software for use strictly in accordance with the terms of this Agreement.
License
Subject to the terms of this Agreement and, if applicable, those terms
provided in the License Agreement, ArkOne Software grants you a limited,
non-exclusive, perpetual, revocable, and non-transferable license to:
(a) download, install and use the Software on one (1) Computing
Device per single user license that you have purchased and been granted.
If you have multiple Computer Devices in which you wish to use the
Software, you agree to acquire a license for the number of devices you
intend to use;
(b) access, view, and use on such Computing
Device the End User Provided Materials made available in or otherwise
accessible through the Software, strictly in accordance with this
Agreement, and any other terms and conditions applicable to such End
User Provided Materials;
(c) install and use the trial
version of the Software on any number of Computing Devices for a trial
period of fifteen (15) unique days after installation.
(d)
receive updates and new features that become available during the one
(1) year period from the date on which you purchased the license to the
Software.
Restrictions
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of ArkOne Software or its affiliates, partners, suppliers or the licensors of the Application.
Intellectual Property
All intellectual property rights, including copyrights, patents,
patent disclosures and inventions (whether patentable or not),
trademarks service marks, trade secrets, know-how and other
confidential information, trade dress, trade names, logos, corporate
names and domain names, together with all of the good will
associated there with, derivative works and all other rights
(collectively, “Intellectual Property Rights”) that are part of the
Software that are otherwise owned by ArkOne Software shall always
remain the exclusive property ofArkOne Software (or of its suppliers
or licensors, if and when applicable). Nothing in this Agreement grants
you (or any Organisation) a license to ArkOne Software’s
Intellectual Property Rights.
You agree that this is
Agreement conveys a limited license to use ArkOne Software’s
Intellectual Property Rights, solely as part of the Software (and
not independently of it), and only for the effective Term of the
license granted to you hereunder. Accordingly, your use of any ofArkOne Software’s Intellectual Property Rights independently of the Software or
outside the scope of this Agreement shall be considered an
infringement of ArkOne Software’s Intellectual Property
Rights. This shall not limit, however, any claim ArkOne Software may have for a breach of contract in the event you breach a term or
condition of this Agreement. You shall use the highest standard of care
to safeguard all Software (including all copies thereof) from infringement,
misappropriation, theft, misuse or unauthorised access. Except as expressly
granted in this Agreement, ArkOne Software reserves and shall
retain all rights, title, and interest in the Software, including all
copyrights and copyrightable subject matter, trademarks and trademark
able subject matter, patents and patentable subject matter, trade secrets,
and other intellectual property rights, registered, unregistered, granted,
applied-for, or both now in existence or that may be created, relating
to the thereto.
You (or the Organisation, if and as
applicable) shall retain ownership of all Intellectual Property
Rights in and to the work products that you create through or with
the assistance of the Software.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions
(collectively, "Suggestions") provided by you to ArkOne Software with respect to the Application shall remain the sole and exclusive
property of ArkOne Software.
ArkOne Software shall be free to use, copy, modify, publish, or
redistribute the Suggestions for any purpose and in any way without any
credit or any compensation to you.
Modifications to Application
ArkOne Software 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.
Updates to Application
ArkOne Software may from time to time provide enhancements or
improvements to the features/ functionality of the Application, which
may include patches, bug fixes, updates, upgrades and other modifications
("Updates").
Updates may modify or delete certain
features and/or functionalities of the Application. You agree that ArkOne Software 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 will be (i)
deemed to constitute an integral part of the Application, and (ii)
subject to the terms and conditions of this Agreement.