This End-User License Agreement ("EULA") is a legal agreement between you and Apex Ceph Technologies, LLC
This EULA agreement governs your acquisition and use of our Apex Vendor Reporting software ("Software") directly from Apex Ceph Technologies, LLC or indirectly through a Apex Ceph Technologies, LLC authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Apex Vendor Reporting software. It provides a license to use the Apex Vendor Reporting software and contains warranty information and liability disclaimers.
If you register for a free trial of the Apex Vendor Reporting software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Apex Vendor Reporting software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Apex Ceph Technologies, LLC herewith regardless of whether other software is referred to or described herein. The terms also apply to any Apex Ceph Technologies, LLC updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Apex Ceph Technologies, LLC hereby grants you a personal, non-transferable, non-exclusive licence to use the Apex Vendor Reporting software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Apex Vendor Reporting software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Apex Vendor Reporting software.
You are not permitted to:
Apex Ceph Technologies, LLC shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Apex Ceph Technologies, LLC.
Apex Ceph Technologies, LLC reserves the right to grant licences to use the Software to third parties.
You agree to indemnify and hold harmless Apex Ceph Tecnologies LLC and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
Notwithstanding any damages that you might incur, the entire liability of Apex Ceph Tecnologies LLC and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by law, you agree to release and hold harmless Apex Ceph Technologies LLC and/or its suppliers from liability for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Apex Ceph Technologies LLC or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
All issues and questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of California.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Apex Ceph Technologies, LLC.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.