End User License Agreement
Last updated: 03/09/2022
Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using any of Ternpoint Solutions LP’s applications.
By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.
For the purposes of this Agreement, "you" means you, the end user, and "Licensor" means Ternpoint Solutions LP, a California limited partnership, and its subsidiaries and affiliates.
Licensor grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
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. You agree not to modify, translate, reverse engineer, decompile, disassemble, or create derivative works of the Application or assist someone in performing such prohibited acts.
You agree that Licensor owns and holds title to the Application and any related materials and all subsequent copies thereof regardless of the form or media.
Modifications to Application:
Licensor 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.
Term and Termination:
This Agreement shall remain in effect until terminated by you or Licensor.
Licensor may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Licensor, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement:
Licensor reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. THE APPLICATION IS PROVIDED TO YOU ON AN "AS IS" BASIS. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. THE ENTIRE RISK ARISING OUT OF USE OF THE APPLICATION REMAINS WITH YOU.
You agree to defend, indemnify, and hold harmless Licensor from and against liabilities, costs, damages and expenses (including settlement costs and reasonable attorneys' fees) arising from any claims from anybody that result from or relate to your use of the Software or your breach of any obligation under this Agreement.
The laws of the State of California shall govern the construction of this Agreement and you agree to be subject to personal jurisdiction in the State of California for the purposes of enforcing the provisions of this Agreement.
If you have any questions about this Agreement, please contact Ternpoint Solutions LP at firstname.lastname@example.org or (844) 782-9091.