END USER LICENSE AGREEMENT

IMPORTANT: This End User License Agreement ("EULA") is a legal agreement between you and Portqii for the use of our software and services. Please read this agreement carefully before using our products.

By installing, accessing, or using the Portqii software, you acknowledge that you have read, understood, and agree to be bound by the terms of this EULA.

1. Object of the License

  1. The license pertains to the use of the Software in a version for one or multiple marketing automation platform instances as specified in your subscription agreement.
  2. Portqii represents that it holds the right to grant you a non-exclusive, non-transferable, non-sublicensable license to the Software for the period defined in your Sales Agreement.
  3. These terms and conditions specify the rights which Portqii grants to you to use the software.
  4. The provisions hereof shall also be applicable to the use of:
    1. New editions of the Software that will be made available to you during your subscription period;
    2. Modifications of the Software that may be created at your individual request.

2. Representations and Obligations

  1. The Source Code and structural database of the Software constitute the business secret of Portqii and may be disclosed and used only on the basis of separate agreements.
  2. You shall have no right to modify the Software without explicit written permission.
  3. You shall have no right to create unauthorized copies of the Software.
  4. You shall not disclose the Software to third parties except as expressly permitted in this agreement.
  5. You shall not transfer the rights obtained hereunder to third parties unless such transfer occurs by virtue of law.
  6. The Software is provided free from legal defects and does not infringe upon third-party rights.

3. Grant of License

  1. The License is granted as of the day the License Fee for the first billing period has been paid.
  2. The License shall be granted without territorial restrictions, for the period specified in your subscription agreement.
  3. Portqii shall provide functional documentation about the Software.
  4. You shall be entitled to use the Software together with the documentation for:
    1. Storing into computer memory;
    2. Launching, storing and operating the Software;
    3. Using for the purposes of your business activities;
    4. Creating backup copies for security purposes.
  5. You may prepare printed copies of the documentation to facilitate legal use of the Software.
  6. You may not sublicense, rent, lease the Software, or create derivative works.

4. Warranty and Support

Portqii warrants that the Software shall operate substantially in conformity with the documentation provided. However, this does not guarantee error-free operation.

  1. The warranty excludes issues arising from:
    1. Unauthorized modifications to the Software;
    2. Use of the Software in ways not expressly permitted;
    3. Integration with unauthorized third-party systems.
  2. To the extent permitted by law, this warranty is exclusive and supersedes all other warranties.

5. Compliance and Monitoring

  1. Portqii reserves the right to monitor compliance with this license agreement.
  2. In case of license violations, Portqii may request immediate cessation of the violation.
  3. Serious violations may result in immediate license termination.

6. Liability and Limitations

LIMITATION OF LIABILITY: Portqii's total liability for any damages shall be limited to the amounts paid for the Software license in the preceding 12 months.

  1. Portqii shall not be liable for indirect, consequential, or special damages.
  2. You agree to maintain confidentiality of technical and commercial information regarding the Software.

7. Termination

  1. This license remains in effect until terminated by either party.
  2. You may terminate this license at any time by discontinuing use of the Software.
  3. Portqii may terminate this license immediately upon breach of terms.
  4. Upon termination, you must cease all use of the Software and destroy all copies.

8. Final Provisions

  1. This agreement shall be governed by the laws of Singapore.
  2. Any disputes shall be resolved through binding arbitration in Singapore.
  3. If any provision is found unenforceable, the remainder shall remain in effect.
  4. This agreement constitutes the entire agreement between the parties.

Last Updated: 09 Sep 2024

For questions about this EULA, please contact: legal@portqii.com