End User License Agreement
End User License Agreement (EULA)
This End User License Agreement (“Agreement”) is a binding legal contract between you, the user, and Digistar Infotech Inc. (“Company,” “we,” “our,” or “us”), an IT company incorporated and operating in Canada. This Agreement governs your use of any software, applications, documentation, or services (collectively, the “Software”) provided by Digistar Infotech Inc. By installing, accessing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software.
1. License Grant
Subject to your compliance with this Agreement, Digistar Infotech Inc. grants you a limited, non-exclusive, non-transferable, revocable license to use the Software solely for personal or internal business purposes. This license is granted only for your use of the Software and does not permit you to redistribute, sublicense, or otherwise transfer the Software to any third party.
2. Restrictions
You agree not to, and will not permit others to:
- Copy, modify, or create derivative works of the Software.
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except as expressly permitted by applicable law.
- Sell, rent, lease, sublicense, distribute, or otherwise transfer any rights in the Software.
- Use the Software for any unlawful purpose or in violation of any applicable laws or regulations.
- Remove, alter, or obscure any proprietary notices, labels, or marks on or within the Software.
- Use the Software in any manner that could damage, disable, overburden, or impair our services or interfere with any other party’s use of the Software.
3. Ownership and Intellectual Property Rights
The Software and all intellectual property rights therein, including all copyrights, trademarks, and trade secrets, are owned by Digistar Infotech Inc. or its licensors. This Agreement does not transfer any ownership rights in the Software or any related documentation to you. All rights not expressly granted in this Agreement are reserved by Digistar Infotech Inc.
4. Updates and Modifications
We may, at our sole discretion, provide updates, patches, or modifications to the Software from time to time. Such updates may be automatically installed without any additional notice or consent from you. By using the Software, you consent to such automatic updates. Digistar Infotech Inc. is under no obligation to provide updates or maintenance for the Software.
5. Privacy and Data Collection
By using the Software, you agree to the collection, use, and sharing of data as described in our Privacy Policy. You understand and consent to the collection and processing of data related to your use of the Software. We may use this information to improve the Software, ensure compliance with this Agreement, and comply with applicable laws.
6. Term and Termination
This Agreement is effective upon your acceptance and will remain in effect until terminated. Digistar Infotech Inc. reserves the right to terminate this Agreement immediately and without notice if you breach any of its terms. Upon termination, all licenses granted to you under this Agreement will cease, and you must immediately uninstall and discontinue all use of the Software. Any provisions of this Agreement that, by their nature, should survive termination, will remain in effect after termination.
7. Disclaimer of Warranties
The software is provided “as is” and “as available,” without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Digistar infotech inc. Does not warrant that the software will be error-free, uninterrupted, or free of viruses or other harmful components. You assume all risks associated with the use of the software.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Digistar Infotech Inc. and its affiliates, officers, directors, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from
(a) Your use or inability to use the software.
(b) Any unauthorized access to or use of our servers or of any personal information stored therein.
(c) Any other matters related to the software, whether based on warranty, contract, tort, or any other legal theory, and whether or not Digistar Infotech Inc. has been informed of the possibility of such damages.
9. Indemnification
You agree to defend, indemnify, and hold harmless Digistar Infotech Inc., its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising from or related to your use of the Software, your violation of this Agreement, or your infringement of any third-party rights, including intellectual property or privacy rights.
10. Governing Law and Dispute Resolution
This Agreement is governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. Any dispute arising out of or relating to this Agreement, including its interpretation or breach, will be resolved in the provincial or federal courts located in Ontario, Canada, and you consent to the exclusive jurisdiction of these courts.
11. Changes to this Agreement
Digistar Infotech Inc. reserves the right to modify or update this Agreement at any time. Any changes will be effective immediately upon posting the revised Agreement on our website. Your continued use of the Software after any changes to this Agreement constitutes your acceptance of the revised terms.
12. Miscellaneous
Entire Agreement: This Agreement constitutes the entire agreement between you and Digistar Infotech Inc. regarding the Software and supersedes any prior or contemporaneous understandings.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
No Waiver: Failure by Digistar Infotech Inc. to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.
Assignment: You may not assign this Agreement, and any such attempted assignment will be void. Digistar Infotech Inc. may assign this Agreement to any successor in interest.
13. Contact Information
For any questions about this Agreement or the Software, please contact us. By installing or using the Software, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.
