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PLEASE READ THIS END USER LICENSE AGREEMENT (THE “EULA” OR “AGREEMENT”) CAREFULLY. BY DOWNLOADING, ACCESSING, OR USING ALL OR ANY PORTION OF THE SOFTWARE PROVIDED BY RIGET TECHNOLOGIES, INC. (“WE,” “US,” “OUR,” OR “RIGET”) UNDER THIS AGREEMENT, YOU (WHICH MEANS YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT (“YOU,” “YOUR,” “YOURS,” OR “LICENSEE”) (EACH OF YOU AND RIGET BEING A “PARTY” AND COLLECTIVELY THE “PARTIES”) ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE TERMS OF THIS AGREEMENT, AND (II) ARE HEREBY REPRESENTING AND WARRANTING THAT YOU ARE AUTHORIZED TO BIND LICENSEE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU WILL HAVE NO RIGHT TO USE THE SOFTWARE.
1.1. License Grant. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to install and use the Software in object code form under the terms and conditions stated herein. We reserve all other rights.
1.2. Acceptable Use. You can download, install, access, and use the Software as described in this Agreement, including using the Software to access the services provided by Riget to support the operation of the Software (the “Services”). The Software is to be used in accordance with the documentation provided by Riget (the “Documentation”), the terms of this EULA, and any restrictions governing the creation and use of a Riget account for the Software (an “Account”), including the Acceptable Use Policy and the Terms of Service available on Riget’s website.
1.3. Prohibited Use. You may not rent, lease, lend, resell, transfer, or host the Software, or any portion thereof, to or for third parties except as expressly permitted in this Agreement or in a separate agreement. You may not reverse engineer, decompile, disassemble, deobfuscate, or otherwise attempt to discover the source code of the Software or allow anyone else to do so, except where expressly permitted to do so under the terms of this Agreement, by applicable law, or by licensing terms governing the use of open-source components that may be included in the Software. You may not work around any technical restrictions or limitations in the Software designed to protect Riget, its software, products, or intellectual property rights. You may not use online-based features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network in an unauthorized manner. You may not use the Software to knowingly violate any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with this Agreement or with any terms or conditions or obligations relating to any third-party website, application, API, or the like.
1.4. Data. You are solely responsible for the content of all data that you send or receive using the Software. You agree not to send or receive data that violates applicable law or the rights of any third party. Riget does not and will not assume any obligations with respect to data or to your use of the Software other than as expressly set forth in this Agreement or as required by applicable law. You are also responsible for notifying end users of your policies with respect to data and ensuring that processing of the data is conducted as required by applicable law.
The Software is LICENSED, NOT SOLD. The Software and accompanying Documentation may be protected by copyrights, trademarks, service marks, patents, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree that the Software and accompanying Documentation are and shall at all times remain the property of Riget or third parties that have granted Riget the right to license the Software and accompanying Documentation, and you shall have no rights or interests therein except the right to use the Software and accompanying Documentation as set forth in this Agreement. Riget or the applicable third parties shall retain title to their copyrights, trademarks, patents, trade secrets, and other intellectual property rights in the Software and the accompanying Documentation and all copies and any derivative works thereof.
3.1 The Software may include an automatic update functionality (“Automatic Updates”) that, when enabled, downloads and installs updates to the Software, including updates to third-party packages and components. By using the Software, you acknowledge and agree to the following: (a) Automatic Updates may include modifications to the Software, updates to existing third-party components, and/or new third-party components; and (b) you agree that by continuing to use the Software following any update, you accept and are bound by the terms of the latest version of this EULA available at https://www.000000000.com/eula and the terms of any applicable third-party license terms and conditions. The Automatic Updates functionality can be controlled through the Software’s settings at any time. However, changing the default settings of the Automatic Updates may impact the security and functionality of the Software, and Riget disclaims any liability arising from your decision to disable updates.
4.1 TO THE FULLEST EXTENT PERMITTED BY LAW, RIGET AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. If you live in a location that does not allow the disclaimers in this paragraph, they may not apply to you.
5.1 WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR RIGET’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SOFTWARE. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IF YOU ARE AN EU OR UK CONSUMER, THESE TERMS DO NOT EXCLUDE RIGET’S LIABILITY FOR LOSSES AND DAMAGES THAT ARE A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN PROVIDING THE SOFTWARE OR OF OUR BREACH OF OUR CONTRACT WITH YOU, AS LONG AS THOSE LOSSES AND DAMAGES ARE REASONABLY FORESEEABLE.
5.2 IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, RIGET, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL NOT BE LIABLE FOR:
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT RIGET OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 IF YOU USE THE SOFTWARE FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, RIGET, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. RIGET AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SOFTWARE.
5.4 OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU HAVE PAID UNDER YOUR CURRENT SERVICE PLAN WITH RIGET. THIS PROVISION DOES NOT APPLY TO EU CONSUMERS WHERE PROHIBITED BY APPLICABLE LAW.
6.1 We will defend you against any claims made by an unaffiliated third party that the Software infringes that third party’s patent, copyright, or trademark or makes unlawful use of its trade secret; provided that (a) we are promptly notified of the assertion of the claim, suit or proceeding, (b) we have sole control of its defense and/or settlement, and (c) you provide reasonable assistance and cooperate in our defense and/or settlement, at our expense.
6.2 Our defense and indemnity obligations do not apply, and you shall be responsible for the defense and/or settlement of any claims where (a) your use of the Software or Documentation is beyond the scope of license granted in this EULA or otherwise in violation of any of the terms or conditions set forth in this EULA or any terms, policies, or information referenced with respect to the Account with which the Software is used, (b) you modified or created derivative works from the Software or Documentation, (c) you used an outdated and infringing version of the Software or Documentation after release of a non-infringing version by Riget, (d) you used or combined the Software with any technology, software or hardware not supplied by Riget, where the alleged infringement would not have occurred absent such use or combination, or (e) your use is under an Evaluation License or a Free License.
6.3 If we reasonably believe that a claim under Section 6.1 may bar your use of the Software, we will seek to (a) obtain the right for you to keep using it or (b) modify or replace it with a functional equivalent and notify you to stop use of the prior version of the Software. If these options are not commercially reasonable, we may terminate your rights to use the Software and refund any advance payments we have received from you for use of the Software.
The Software may contain or otherwise use open source software, which you may use under the terms and conditions of the specific license under which the open source software is distributed. THIS OPEN SOURCE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY REGARDING TITLE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL RIGET, THE COPYRIGHT HOLDERS, OR THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS OPEN SOURCE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
8.1 Notices. Notices must be in writing and will be treated as delivered on the date received at the address, date shown on the return receipt, email transmission date, or date on the courier or fax confirmation of delivery. Notices to Riget must be sent to the following address:
Riget Technologies, Inc.
6260 WESTPARK DR STE 203
HOUSTON, TX 77057
USA
8.2 Feedback. Riget has not agreed to and does not agree to treat as confidential any suggestion or idea for improving or otherwise modifying any of Riget’s products or services (“Feedback”) that you provide to us, and nothing in this Agreement will restrict Riget’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you.
8.3 No agency. This Agreement does not create an agency, partnership, or joint venture. You shall not have any authority to assume or create any obligation for or on behalf of Riget, express or implied, and you shall not attempt to bind Riget to any contract.
8.4 No third-party beneficiaries. There are no third-party beneficiaries to this Agreement. Without limiting this section, your end users (if any) are not third-party beneficiaries to your rights under this Agreement.
8.5 Compliance with laws. You agree to comply with all applicable federal, state and municipal statutes, ordinances, rules and regulations, including without limitation the rules and regulations under the U.S. Export Administration Act and the U.S. Foreign Corrupt Trade Practices Act, as the same may be amended from time to time, with respect to your use of the Software.
8.6 Severability. To the extent permitted by applicable law, you hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
8.7 Waiver. Riget will not be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
8.8 Force majeure. Except for payment obligations, neither Riget nor you will be liable for any failure in performance due to causes beyond that party’s reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, or the actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of online services)).
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