Effective Date: May 21, 2023
This Agreement governs your use of the Software Product provided by Klaus D.Bandisch doing business as PRICEVERSE™ ("we" or "us"). By selecting the "Accept" option, downloading, installing, using, or copying the Software Product, you ("Licensee" or "you") accept and agree to be bound by the terms and conditions of this End User License Agreement ("Agreement"). If you do not agree to all of these terms, you must select "Decline" and refrain from installing, using, or copying the Software Product.
Subject to the terms of this Agreement, you are granted a license to install and use a copy of the Software Product. Additionally, you may create one archival copy of the Software Product, which must be stored on a medium other than a hard drive and used solely for the purpose of re- installation.
You may not assign your rights and obligations under this Agreement or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product without obtaining our express written consent.
You may not decompile, reverse-engineer, disassemble, or attempt to derive the source code of the Software Product. Furthermore, you may only use the database portion of the Software Product in connection with the Software Product and not with any other software.
Modifying the Software Product or creating derivative works, including translations, is strictly prohibited. You may not alter any files or libraries within the Software Product or reproduce the database portion or create any tables or reports related to the database portion.
Except for the creation of temporary copies stored in computer memory during licensed use, you may not copy any part of the Software Product. One archival copy is permitted, which must be stored on a medium other than a computer hard drive.
Unless explicitly agreed to in writing by us, we make no other warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. We do not guarantee that the Software Product will meet your requirements or operate under your specific conditions of use. You are solely responsible for determining if the Software Product meets your security and uninterruptibility requirements. We shall not be liable for any loss of data on any computer or information storage device. Under no circumstances shall we, our directors, officers, employees, or agents be liable to you or any other party for indirect, consequential, special, incidental, punitive, or exemplary damages arising from this Agreement, or from the furnishing, performance, installation, or use of the Software Product, even if we have been advised of the possibility of such damages.
In the event of a breach of this Agreement or any warranty included herein, your sole remedy shall be the correction or replacement of the Software Product at our discretion. If we are unable to provide a replacement or substitute Software Product or corrections, your sole alternate remedy shall be a refund of the purchase price for the Software Product, exclusive of any shipping and handling costs.
This Agreement is governed by the laws of Florida, without regard to its conflict or choice of law provisions.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. To the extent that certain restrictions are not permitted by applicable laws, those restrictions shall remain in force to the maximum extent permitted by such laws.
The App Provider makes the following additional commitments, representations, and warranties to Customer:
A.) The App Provider will only process Customer Data and Personal Information on behalf of, and as Service Provider of, the Customer, and not collect, retain, use, or disclose that data for any purpose other than to perform the App Provider’s obligations under this Agreement, as permitted under CCPA and other applicable privacy and data protection laws (collectively, “Privacy Laws”). In no event will the App Provider “sell” (as defined by Privacy Laws) any such personal information.
B.) The App Provider will not collect, use, retain, disclose, sell, or otherwise make Customer Data or Personal Information available for App Provider’s own commercial purposes or in a way that does not comply with the CCPA or other Privacy Laws.
C.) App Provider will limit personal information collection, use, retention, and disclosure to activities reasonably necessary and proportionate to provide the Services set forth in the Agreement or another compatible operational purpose.
App Provider will reasonably cooperate and assist Customer with meeting Customer's CCPA and Privacy Law compliance obligations and respond to CCPA-related inquiries, including responding to verifiable consumer requests, taking into account, the nature of App Provider's processing, and the information available to App Provider. App Provider will make available to Customer, in a manner consistent with the functionality of the Service and App Provider’s role as a Service Provider of Personal Information of data subjects, the ability to fulfill data subject requests to exercise their rights under Privacy Laws.
If App Provider receives a request from Customer’s data subject to exercise one or more of its rights under Privacy Laws in connection with the Services, App Provider will redirect the data subject to make its request directly to Customer. Customer will be responsible for responding to any such request including, where possible, by using the functionality of the Services. App Provider shall comply with reasonable requests by Customer to assist with Customer’s response to such a data subject request.
App Provider must notify the Customer immediately if it receives any complaint, notice, or communication that directly or indirectly relates either party's compliance with Privacy Laws relating to provisioning of the Services.