Terms & Conditions for Subscribers
Software End User License Agreement
1. This is an agreement between the Seller: Cloudata Inc who operates CloudBnB Universes (Licensor) and you as Subscriber (Licensee), who is being licensed to use the referred Software owned by Licensor
2. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software.
This License permits Licensee to use the Software preinstalled by
Licensor in cloud. Licensee can not make
copies of the Software or allow copies of the Software to be made by
others, unless authorized by this License Agreement.
4. This Software is subject to a limited warranty. Licensor warrants to Licensee that the cloud on which this Software is distributed is free from defects in materials and workmanship under normal use, the Software will perform according to its online documentation, and to the best of Licensor's knowledge, Licensee's use of this Software according to the online documentation is not an infringement of any third party's intellectual property rights. To the extent permitted by law, THE ABOVESTATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE.
5. Subscription is monthly-based without proration, there is no free trial and no refund for this software, licensee can cancel thefollowing month's auto-renewal at anytime
6. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY,
PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROMTHIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE.
Licensee agrees to defend and indemnify Licensor and hold Licensor
harmless from all claims, losses, damages, complaints, or expenses
connected with or resulting from Licensee's business operations.
8. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee.
9. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.
10. This License Agreement is governed by the law of State of California applicable to State of California contracts.
11. This License Agreement is valid without Licensor's signature. It becomes effective upon the Licensee's completion of payment