END-USER LICENSE AGREEMENT (EULA)
Last Updated: 2025-02-09
IMPORTANT – READ CAREFULLY:
This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Balpex Inc. (“Licensor”) for the software product (“Software”) accompanying this EULA, including any related documentation and updates. By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software.
1. DEFINITIONS
1.1 Software: Refers to the Balpex Plugin (the “Plugin”) and any updates, modifications, or enhancements provided by Licensor.
1.2 End User: Refers to the individual or legal entity that installs, copies, or uses the Software.
1.3 Licensor: Refers to Balpex Inc. and its affiliates.
2. GRANT OF LICENSE
Subject to your compliance with the terms of this EULA, Licensor grants you a non-exclusive, non-transferable, limited license to install and use the Software solely for your internal business or personal purposes.
3. LICENSE RESTRICTIONS
You agree that you will not, and you will not permit others to:
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software.
Modify, adapt, translate, or create derivative works based on the Software.
Rent, lease, sell, sublicense, distribute, or otherwise transfer any rights in the Software to any third party without prior written consent from Licensor.
Remove, alter, or obscure any proprietary notices or labels on the Software.
4. OWNERSHIP
The Software is licensed, not sold, to you under the terms of this EULA. All rights not expressly granted herein are reserved by Licensor. The Software and any copies that you are authorized to make are the intellectual property of Licensor and/or its suppliers.
5. UPDATES AND SUPPORT
Licensor may, at its discretion, provide updates, patches, or modifications to the Software. Any such updates shall be governed by the terms of this EULA unless accompanied by a separate license agreement.
6. TERMINATION
This EULA is effective until terminated. Without prejudice to any other rights, Licensor may terminate this EULA if you fail to comply with the terms herein. Upon termination, you must immediately cease all use of the Software and destroy all copies of the Software in your possession.
7. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. GOVERNING LAW
This EULA shall be governed by and construed in accordance with the laws of Ontario, without regard to its conflict of law provisions. Any legal actions arising out of or relating to this EULA shall be brought exclusively in the courts located in Ontario.
10. ENTIRE AGREEMENT
This EULA constitutes the entire agreement between you and Licensor with respect to the Software and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
11. SEVERABILITY
If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12. AMENDMENTS
Licensor reserves the right to modify or update this EULA at any time. Any modifications to this EULA will be effective upon posting of the updated version on Licensor’s website or other official communications. Your continued use of the Software after any such modifications constitutes your acceptance of the revised terms.
By installing, copying, or using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms of this End-User License Agreement.
