End-User License Agreement
Last updated on: 17 JAN 2023
Please read this Agreement carefully. You must agree before using DoXA
or downloading the Software to your Device.
This End-User License Agreement (referred to as the "EULA") is a legally
binding agreement between the Licensee, an individual customer or
entity, and Eucharist-Tech Pte Ltd (referred to as ETPL), the company,
and the author of DoXA, the Software, which may include associated
media, printed materials, and online or electronic documentation.
The terms in this Agreement serves to limit the Licensee’s legal rights
and ETPL’s liability to you, and states the basis of Licensee’s access
and use of DoXA. In accepting this agreement or by downloading or
installing or using the software, you are agreeing, without limitation
or modification, to all the terms and conditions contained in this
Agreement.
However, if the Licensee does not agree to the terms and conditions
outlined in this EULA, the said Licensee may not download, install, or
use the Software.
Definitions
“ETPL” shall refer to Eucharist-Tech Pte Ltd.
“You”, “you” and “your” shall refer to the Licensee
"EULA" shall refer to this End-User-License-Agreement, including any
amendment to this Agreement.
"Licensee" shall refer to the individual or entity that downloads,
installs and uses the Software.
"Licensor" shall refer to the company or author, ETPL, located at:
133 New Bridge Road
#17-01 China Town Point
Singapore 059413
“Software” or "Software/Licensed Product" shall mean DoXA, the Licensed
product provided pursuant to this EULA.
“DoXA” shall mean a suite of software that comprise ETPL owned software
such as DoXArena, DoXA Choreo, DoXA Orchestro, DoXA Collabro, and
software applications (DoXA APPs) developed by ETPL using this suite of
proprietary software. The EULA terms accepted here by the Licensee
implies acceptance of these terms to cover all ETPL owned software
specified above and used in DoXA.
“Device” means any device that can access or download or use the
Software such as a computer, a cellphone or a digital tablet.
Payment for License
Subject to the terms of this EULA and the prevailing price stated for
the Software/Licensed Product, the Licensee agrees to pay and makes the
relevant payment, one-time and/or recurring, for the use of the
Software/Licensed Product.
At any time, some or all parts of the Software (Licensed Product) may
not require any payment, however the terms of this EULA will continue to
apply for the use of the Software/Licensed Product even if the Software
used is payment free.
License Granting
Subject to the terms of this EULA, the Licensor hereby grants to the
Licensee, a revocable, limited, non-exclusive license during the term of
this EULA to download, install and use a copy of the Software.
When a copy of the Software is downloaded to a Device, the license is
granted for use in that Device only. This license for the downloaded
copy of Software is transferable for use on another similar Device, but
however, the original Device from which the license was transferred,
will no longer be entitled to use this License. This implies that a
license issued to a Device is authorized for use in only one Device at
any given point in time.
The Software is distributed by ETPL. The Licensee shall not replicate,
distribute or copy the Software, in part or wholly, in any circumstance
except to make back-up copy for the Licensee’s own use.
For the avoidance of any doubt, the Software is licensed, and not sold,
to the Licensee by the Licensor for use in accordance with the terms
stated in this EULA.
Intellectual Property
The Licensee hereby unconditionally agrees that all rights, titles and
interests in the copyrights and other intellectual property rights in
the Licensed Product reside with the Licensor. The trademarks, logos,
designs, and service marks appearing on the Licensed Product are
registered and unregistered marks of Licensor. Nothing in this EULA or
the Licensed Product grants Licensee any right to any intellectual
property contained in the Licensed Product.
Therefore, all rights, titles, interests, and copyrights in and/or to
the Software, including but not limited to all images, graphics,
animations, audio, video, music, text, data, code, algorithm, and
information, are owned by the Licensor. Accordingly, the Software is
protected by all applicable copyright laws and international treaties,
and the Licensee is expected to use the Software concerning all
intellectual property contained therein, except as otherwise provided
for in this EULA.
Description of Rights and Limitations
Installation and Use: Licensee may install and use the
Software on a single Device at any given point in time.
Reproduction and Distribution: Licensee may not
duplicate or re-distribute copies of the Software, without the
Licensor’s express written permission.
Licensee Limitation: The Licensee may not:
- Use the Licensed Product for any illegal or unlawful purpose;
- Reverse engineer, decompile, or disassemble the Software.
Enhancements and Upgrades
Licensor may from time to time provide enhancements or improvements on
as-needed basis, and these may come in the form of patches, bug fixes or
upgrades or in any other manner deemed fit by the Licensor. The Licensee
agrees that these Enhancements and Upgrades will be an integral part of
the Software and is subject to the terms in this EULA.
Licensee agrees that the Licensor has no obligation under this EULA to
provide software support, maintenance or upgrades to the Software.
General Provisions
Termination
In the event of termination, all licenses provided under this EULA shall
immediately terminate, and Licensee agree to discontinue accessing or
attempting to access this Software/Licensed Product.
Accordingly, this EULA may be:
-
Automatically terminated if the Licensee fails to comply with any of
the terms and conditions under this EULA;
- Terminated by Licensor; or
- Terminated by the Licensee; or
-
The term of the license has expired without renewal of the license for
whatever reason
Either Licensor or the Licensee may terminate this EULA immediately upon
written notice to the other party, including but not limited to
electronic mail.
Non-Transferability
The Licensee has the option to permanently transfer all rights under
this Agreement, provided the recipient agrees to the terms of this EULA.
Accordingly, this EULA is not assignable or transferable by the Licensee
without the prior written consent of Licensor; and any attempt to do so
shall be void.
Notice
Any notice, report, approval or consent required under this EULA shall
be in writing and deemed to have been duly given if delivered by
recorded delivery to the respective addresses of the parties.
Validity
Both parties hereby agree that this EULA is the entire and exclusive
statement and legal acknowledgement of the mutual understanding of the
parties and supersedes and cancels any previous written and oral
agreement and/or communication relating to the subject matter of this
EULA.
Warranty and Disclaimer
ETPL, author of this Software, expressly disclaim any warranty for the
DoXA. The Licensed Product and all applicable documentation are provided
as-is, without warranty of any kind, whether express or implied,
including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, or non-infringement.
Accordingly, the Licensee accepts any risk arising out of the use or
performance of the Software.
Limitation of Liability
The Licensee agrees that the Licensor shall not be liable to Licensee,
or any other related person or entity claiming any loss of profits,
income, savings, or any other consequential, incidental, special,
punitive, direct or indirect damage, whether arising in contract, tort,
warranty, or otherwise. Even if Licensor has been advised of the
possibility of such damages. These limitations shall necessarily apply
regardless of the primary purpose of any limited remedy. Under no
circumstances shall Licensor aggregate liability to the Licensee, or any
other person or entity claiming through the Licensee, exceed the actual
monetary amount paid by the Licensee to Licensor for the Software.
Indemnification
Licensee agrees to indemnify and hold Licensor harmless from and against
all liabilities, damages, losses or expenses, including but not limited
to reasonable attorney or other professional fees in any claim, demand,
action or proceeding initiated by any third-party against Licensor,
arising from any of Licensee’s acts, including without limitation,
violating this EULA or any other agreement or any applicable law.
Entire Agreement
This Agreement constitutes the entire understanding between the Licensor
and the Licensee. It supersedes all prior agreements of the parties,
whether written or oral, express or implied, statement, condition, or a
representation or warranty.
Governing Law and Jurisdiction
This EULA shall be deemed to be construed under the jurisdiction of the
courts located in Singapore. Any legal action relating to this EULA
shall be brought exclusively in the courts of Singapore, and all parties
consent to the jurisdiction thereof. Furthermore, the prevailing party
in any action to enforce this EULA shall be entitled to recover costs
and expenses including, without limitation, legal fees. Accordingly,
this EULA is made within the exclusive jurisdiction of the Singapore,
and its jurisdiction shall supersede any other jurisdiction of either
party's election.
