Updated at 2020-03-01
To help explain things as clearly as possible in this Eula, every time any of these terms are referenced, are strictly defined as:
This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User”, “you” or “your”) and EvTrack (Pty) Ltd (“Company”, “we”, “us” or “our”). This Agreement governs the relationship between you and us, and your use of the EvTrack Visitor Management and Access Control System. Throughout this Agreement, End User and Company may each be referred to as a “Party” or collectively, the “Parties”.
If you are using the app on behalf of your employer or other entity (an “Organisation”) for whose benefit you utilize the app or who owns or otherwise controls the means through which you utilize or access the app, 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 app on behalf of an Organisation, you hereby acknowledge, warrant, and covenant that you have the authority to 1) purchase a license to the app on behalf of the Organisation; 2) bind the Organisation to the terms of this Agreement.
By downloading, installing, accessing, or using the app you: (a) affirm that you have all of the necessary permissions and authorizations to access and use the app; (b) if you are using the app under a license purchased by an organization, that you are authorized by that organization to access and use the app (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 EvTrack (Pty) Ltd for use strictly in accordance with the terms of this Agreement.
Subject to the terms of this Agreement and, if applicable, those terms provided in the License Agreement, EvTrack (Pty) Ltd grants you a limited, non-exclusive, perpetual, revocable, and non-transferable license to:
You agree not to, and you will not permit others to:
For 60 days from the license issued date, EvTrack (Pty) Ltd warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised. The Software Product is only warranted to operate properly if installed in a computer system that meets the technical requirements as stated in the Technical Specifications and Hardware Requirements section of the EvTrack (Pty) Ltd support website.
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY EVTRACK (PTY) LTD MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
EVTRACK (PTY) LTD makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. EVTRACK (PTY) LTD makes no warranty that operation of the Software Product will be secure, error-free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. EVTRACK (PTY) LTD WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. UNDER NO CIRCUMSTANCES SHALL EVTRACK (PTY) LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF EVTRACK (PTY) LTD OR ANY OTHER PARTY, EVEN IF EVTRACK (PTY) LTD IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS EVTRACK (PTY) LTD’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by EvTrack (Pty) Ltd to have been caused by you. All limited warranties on the Software Product are granted only to you and are nontransferable. You agree to indemnify and hold EvTrack (Pty) Ltd harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
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 goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) that are part of the Software that are otherwise owned by EvTrack (Pty) Ltd shall always remain the exclusive property of EvTrack (Pty) Ltd (or of its suppliers or licensors, if and when applicable). Nothing in this Agreement grants you (or any Organisation) a license to EvTrack (Pty) Ltd's Intellectual Property Rights.
You agree that this is Agreement conveys a limited license to use EvTrack Visitor Management and Access Control System’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 of EvTrack Visitor Management and Access Control System’s Intellectual Property Rights independently of the Software or outside the scope of this Agreement shall be considered an infringement of EvTrack Visitor Management and Access Control System’s Intellectual Property Rights. This shall not limit, however, any claim EvTrack Visitor Management and Access Control System 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 unauthorized access. Except as expressly granted in this Agreement, EvTrack Visitor Management, and Access Control System reserves and shall retain all rights, title, and interest in the Software, including all copyrights and copyrightable subject matter, trademarks and trademarkable 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.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to EvTrack Visitor Management and Access Control System with respect to the Application shall remain the sole and exclusive property of EvTrack Visitor Management and Access Control System.
EvTrack Visitor Management and Access Control System 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.
EvTrack Visitor Management and Access Control System reserve 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.
EvTrack Visitor Management and Access Control System 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 EvTrack Visitor Management and Access Control System 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.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.