End User License Agreement with Binary Arm (Pty) Ltd

Definitions

In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

Please read this End User License Agreement (“EULA”) before using any Services provided by Binary Arm

By using the Services, the User agrees, without reservation to be bound by the terms of this EULA. If the User does not agree with the terms of this EULA, do not use the Services

If the User accepts the terms and conditions in this EULA on behalf of a company or other legal entity, the User warrants that the User has full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.

General

  1. This EULA applies to any licenses or access granted to the User by Binary Arm.

  2. This EULA may be modified from time to time.

License

  1. Binary Arm is and remains the owner of any intellectual property rights with respect to the Services. The User shall not acquire any ownership to the Services as result of your payment for the license fee or your Use of the Services

Permitted use and restrictions

  1. Each User may login at only one device at a time. No sharing of logins is permitted and may result in termination of Services

  2. The User shall use the Services in accordance with applicable laws and shall not:

    1. rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the Services;
    2. use the Services for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
    3. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Services; or
    4. use the Services to create a competing product;
    5. copy, attempt to obtain unauthorised access to, adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Services.

  3. Should any competing products be created, you are agreeing to entitle Binary Arm to a share in the profits of such products

Maintenance and support

  1. Binary Arm may from time to time make upgrades to the services. Attempts will be made to reduce downtime however it may not always be possible, and notice is given that there may be possible downtime.

  2. You may need to pay an additional fee in order to be able to access updates.

  3. Any maintenance and support provided, including the provision of updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.

Use of data

  1. Binary Arm may periodically collect and use technical and related data concerning the Services, including about the version number, times of use, report usage, errors, types of system or software being used. Such data may be used to facilitate maintenance and support, to improve its products and to provide further services or technologies to the User.

  2. Binary Arm may process personal data with respect to the User, such as names, emails, addresses.

Disclaimer

  1. The Users uses the Services at your own risk and the entire risk as to satisfactory quality, performance and accuracy is with the User.

  2. The Services and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and Binary Arm specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Binary Arm shall create a warranty or in any way increase the scope of this warranty and the User may not rely upon such information or advice.

  3. Binary Arm does not guarantee that the Service will be available, uninterrupted, or error-free, or that loss of User data will not occur.

  4. The Services provided do not constitute Tax Advice, Financial Advice, nor Legal Advice. Exceptions, calculations, and figures shown by or indicated by the Services should not be relied on as is, and should be checked by a qualified professional.

Liability limitation

  1. The liability of Binary Arm and any third party that has been involved in the creation, production, or delivery of the Services for all damages arising out of or in any way relating to the Services and/or this EULA shall in no event exceed the total amount of R1, or the amount you paid for the service, whichever is the lesser.

  2. Binary Arm and any third party that has been involved in the creation, production, or delivery of the Services are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Services).

Termination

  1. Termination will occur automatically at the end of the applicable license term, unless renewed or Activated prior to the end of the applicable license term.

  2. Binary Arm is entitled to terminate Services with immediate effect and without prior notice in the event the User fails to comply with the terms in this EULA, in the event the User fail to pay the subscription fee within the applicable payment term, or in the event Binary Arm is required to do so by law or an order of an applicable court.

  3. Upon termination the User shall cease all use of the Services.

  4. The User acknowledges that the provisions of this EULA, which by their nature are intended to survive termination (including not limited to Limited Liability, Warranties, Termination, Disclaimers), will remain in effect after termination of this EULA.

Governing law and disputes

  1. This EULA shall be governed by and construed in accordance with the laws of South Africa.