Last updated: 2023.05.08
This End-User License Agreement (referred to as the “EULA”) is a legally binding agreement between you, the Licensee, an individual customer or entity, and LINX COMMUNICATION INC. and the author of Sending.Me, which may include associated media, printed materials, and online or electronic documentation. This Agreement is a legally binding contract that contains terms that limit your legal rights and Licensors’ liability to you and shall govern all access to and use of this Software. You hereby agree, without limitation or alteration, to all the terms and conditions contained herein.
By installing, copying, or otherwise using the Licensed Product (Software), the Licensee agrees to be bound by the terms and conditions outlined in this EULA. 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 Software.
“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 and uses the Software.
“Licensor” shall refer to LINX COMMUNICATION INC., located at 300 Creek View Road, Suite 209, in Newark, County of New Castle.
“Software/Licensed product” shall mean Sending.Me, the Licensed Product provided pursuant to this EULA.
Subject to the terms of this EULA, LINX COMMUNICATION INC. hereby grants to the Licensee a royalty-free, revocable, limited, non-exclusive license during the term of this EULA to possess and to use a copy of the Software. LINX COMMUNICATION INC is distributing the Software. Licensee is not allowed to charge for distributing this Software for profit or merely to recover media and distribution costs.
You hereby unconditionally agree that all rights, title, and interest in the copyrights and other intellectual property rights in the Licensed Product reside with the Licensors. The trademarks, logos, designs, and service marks appearing on the Licensed Product are registered and unregistered marks of the Licensor. Accordingly, nothing in this EULA or the Licensed Product grants you any right to use any form of intellectual property contained in the Licensed Product.
Therefore, all rights, titles, interests, and copyrights in and 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, all applicable copyright laws and international treaties protect the Software. The Licensee is expected to use the Software concerning all intellectual property contained therein, except as otherwise provided for in this EULA.
Installation and Use: Licensee may install and use the Software on a shared computer or concurrently on different computers and make multiple backup copies of the Software solely for the Licensee’s use within the Licensee’s business or personal use.
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:
LINX COMMUNICATION INC. shall provide updates and maintenance on an as-needed basis.
LINX COMMUNICATION INC. is not obligated to provide Software support or to continue providing or updating any software.
In the event of termination, all licenses provided under this EULA shall immediately terminate, and you agree to discontinue accessing or attempting to access this Licensed product.
Accordingly, this EULA may be:
Either LINX COMMUNICATION INC. or the Licensee may terminate this EULA immediately upon written notice to the other party, including but not limited to electronic mail.
The Licensee can 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 LINX COMMUNICATION INC.; and any attempt to do so shall be void.
Prohibited Content and Conduct
Licensees agree not to use our Application to create, upload, post, send, or store any content that:
You also agree not to engage in any conduct that:
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 parties’ respective addresses.
Both parties hereby agree that this EULA is the entire and exclusive statement and legal acknowledgment of the parties’ mutual understanding and supersedes and cancels any previous written and oral agreement and communication relating to the subject matter of this EULA.
No delay or failure to exercise, on the part of either party, any privilege, power, or rights under this EULA shall operate as a waiver of any of the terms and provisions of this EULA. Accordingly, no single or partial exercise of any right under this Agreement shall preclude further exercise of any other right under this EULA. Suppose any of the outlined provisions of this EULA is deemed unenforceable or invalid in whole or in part by a court of competent jurisdiction. In that case, such provision shall be limited to the minimum extent necessary for this EULA to remain in full force and effect and enforceable. The remaining provisions of this Agreement shall not be rendered unenforceable or invalid. They shall continue to be enforceable and valid in isolation from this EULA’s unenforceable and invalid provisions.
Warranty and Disclaimer
LINX COMMUNICATION INC., and author of this Software, expressly disclaim any warranty for the Sending.Me. 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.
The Licensee agrees that LINX COMMUNICATION INC. shall not be liable to the Licensee, or any other related person or entity claiming any loss of profits, income, savings, or any further consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if LINX COMMUNICATION INC. 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 LINX COMMUNICATION INC. 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 LINX COMMUNICATION INC. for the Software.
You hereby agree to indemnify and hold LINX COMMUNICATION INC. harmless from and against all liabilities, damages, losses, or expenses, including but not limited to a reasonable attorney or other professional fees in any claim, demand, action, or proceeding initiated by any third-party against LINX COMMUNICATION INC., arising from any of your acts, including without limitation, violating this EULA or any other agreement or any applicable law.
This Agreement constitutes the entire understanding between LINX COMMUNICATION INC., the Licensee, and all parties involved. 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 construed under the jurisdiction of the courts located in the United States without regard to conflicts of laws as regards the provisions thereof. Any legal action relating to this EULA shall be brought exclusively in the courts of the United States, 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 United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.