Welcome to ETNA SOFTWARE CORP. (“ETNA”). This End User License Agreement (“Agreement”) outlines the agreement between you ( “You”, “Licensee” or “User”) and ETNA (“ETNA”, “we”, “us”, or “our”) on the use of ETNA Software (“Software”). By utilizing our services, you consent to abide by the Agreement terms. If you disagree with any part of this Agreement, please refrain from using our Services.
By clicking “I ACCEPT” or otherwise using the Software or by using ETNA Services, you acknowledge that you have read and accepted all of the terms and conditions. If you do not accept all of the terms of this Agreement, you shall have no right to use the Software, you must immediately cease using the Software and you must delete or remove all associated software and associated files.
ETNA is willing to license the software to you (“Licensee”, “you”) and if applicable to provide you with support and maintenance services.
Our customer support team will address service-specific questions. You can reach our support team through [email protected]
2.1 Usage Grant: Upon payment of all fees (if applicable), ENTA grants to you a limited, non-transferable, and revocable right to use the Software for commercial purposes on devices under your control solely in accordance with terms and conditions of this Agreement. This grant does not confer any ownership rights or title in the Software or in underlying intellectual property.
You acknowledge that ETNA or its licensors own all right, title, and interest in and to the Software and Services and all associated materials and services, including without limitation, the structure, organization, source code, all copyrights, patents, trade secrets, and other intellectual property rights throughout the world, in and to the original and all copies, portions, extracts, selections, arrangements, adaptations, compilations, and any derivatives of the Software and Services, or software or content provided through or in conjunction with the Software or Services, and all features, updates, releases, enhancements, bug fixes, workarounds, patches, updates, and all associated documentation and product packaging. Except for the license granted in this Agreement, all rights in and to the Software and Services are reserved, and no implied licenses are granted by ETNA. ETNA retains sole ownership of all copyrights, patents, trade secrets, and other intellectual property rights throughout the world in and to the original and all copies and portions of the Software (including any features and associated services) and all associated documentation and product packaging.
2.2 Restrictions: You are expressly prohibited from:
● Duplicating, altering, or creating derivative works based on the Software;
● Reverse engineering or decompiling the Software;
● Redistributing, leasing, or sublicensing (unless it is permitted by the additional agreement between You and ETNA) the Software;
● Removing or modifying any copyright, trademark, or proprietary notices within the Software;
● Publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software.
You shall be responsible and liable for the actions of Your affiliates, employees, agents, and any third party who obtains access to the Software licensed to Licensee.
2.3 Retention of Rights: All rights not explicitly granted herein are reserved by ETNA. The Software is safeguarded by copyright and other intellectual property statutes.
2.4 Automatic Updates: Software might periodically receive automatic updates. These updates are designed to enhance functionality, fix bugs, or introduce new features. By using our Services, you consent to receive such updates as part of your usage rights. However, ETNA is not in any way obliged to provide such updates to the Software.
2.5 Termination of Rights: Your right to use the Software will automatically cease if you violate any of these terms.
By registering for and/or by using the Software or Services, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement and to adhere to this Agreement, and that you will use the Software and the Services only in accordance with this Agreement and with all applicable laws. If an individual is registering or using the Software or Services on behalf of an entity or organization, that individual warrants, represents, and covenants to ETNA that such individual is duly authorized to agree to this Agreement on behalf of the organization and to bind the organization to them. The Software and Services are intended, and offered, only for lawful use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract for such products and services. ETNA does not offer the Software or Services to minors or where otherwise prohibited by law.
Without limiting the foregoing:
(i) You acknowledge and agree that the Software may be subject to export controls in the United States and other countries. You agree to comply with all United States export laws and regulations and with all export or import regulations of other countries, and you shall not and shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the Software or Services or any direct product thereof (a) into (or to a national or resident of) any embargoed or terrorist-supporting country; (b) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; or (c) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation.
(ii) You may not use the Software and/or Services if you are a citizen, national, or resident of, or are under control of the government of: Cuba, Iran, Sudan, North Korea, Syria, or any other country to which the United States has prohibited export. Each time you use the Software or Services you represent, warrant, and covenant that (a) you are not a citizen, national, or resident of, nor under the control of the government of any such country to which the United States has prohibited export; (b) you will not download or otherwise export or re-export the Software, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries; (c) you are not listed on the U.S. Department of Treasury’s Lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, the U.S. Department of State’s List of Statutorily Debarred Parties, or the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List Table of Denial Orders; (d) you will not download or otherwise export or re-export the Software, directly or indirectly, to persons on the above mentioned lists; (e) you will neither use nor allow the Software to be used for any purposes prohibited by United States federal or state law, including, without limitation, for the development, design, manufacture, or production of nuclear, chemical, or biological weapons of mass destruction; (f) the Software and the Services will not be exported, directly, or indirectly, in violation of these laws, nor will the Software or Services be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation; and (g) you are not using or permitting others to use the Software or Services to create, store, backup, distribute, or provide access to child pornography or any other content or data which is illegal under the relevant laws of the United States and Licensee’s jurisdiction.
ETNA SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF THE SOFTWARE OR SERVICES TO LICENSEE OR OTHER USERS WHO ARE DEEMED OR SUSPECTED BY ETNA TO BE USING THE SOFTWARE OR SERVICES IN A MANNER NOT REASONABLY INTENDED BY ETNA OR IN VIOLATION OF LAW OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A LICENSEE’S, OR ANOTHER USER’S LICENSE TO USE THE SOFTWARE OR SERVICES.
4.1 Ownership: All content provided through our Services, including but not limited to Software, applications, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and any other form of information (“Content”) is owned by ETNA, its licensors, or other providers of such material. This Content is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 Limited License: Subject to this Agreement, ETNA grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Content. This license is conditioned on your continued compliance with this Agreement.
4.3 Third-Party Intellectual Property: Our Services may contain intellectual property owned by third parties. Your use of our Services does not grant you any rights to such third-party intellectual property.
4.4 Survival: The provisions of this Intellectual Property Rights section shall survive the termination or expiration of this Agreement.
5.1 Compliance with Laws: Users agree to comply with all applicable local, state, national, and international laws and regulations while using our services. This includes, but is not limited to, laws regarding online conduct, content transmission, and acceptable use of computer networks.
5.2 Account Responsibility: You are solely responsible for maintaining the confidentiality of your account and password (if any). You agree to accept responsibility for all activities that occur under your account or password. If you believe there has been unauthorized use of your account, you must notify us immediately.
5.3 Accurate Information: You agree to provide true, accurate, current, and complete information about yourself if requested by ETNA. You also agree to update this information to keep it accurate, current, and complete.
5.4 Age Restrictions: By using our services, you represent and warrant that you are of legal age to form a binding contract with ETNA.
5.5 Prohibited Activities: Users must not engage in any of the following activities:
(a) Attempting to gain unauthorized access to any portion of our Services or any other systems or networks connected to our Services.
(b) Interfering with or disrupting any other Customer’s use of the services, or any host or network connected to the Services.
(c) Using our Services for any unlawful purpose or in violation of any applicable laws.
(d) Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
(e) Using our Services in a manner that could damage, disable, overburden, or impair our Servers or networks.
5.6 Indemnification: You agree to indemnify, defend, and hold harmless ETNA, its officers, directors, employees, agents, licensors, and related third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of our Services, your violation of this Agreement, or your violation of any laws, regulations, or rights of another.
5.7 Consequences of Violation: Violation of any of these obligations may result in the immediate termination of access to Services for You, without notice, and may subject You to legal consequences.
6.1 To the maximum extent allowed by law, ETNA offers its Services and associated content on an “as is” and “as available” basis, without any guarantees or warranties, whether express, implied, or statutory. ETNA explicitly disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising from course of dealing or usage of trade.
6.2 To the maximum extent allowed by applicable law, ETNA shall not be held responsible for any indirect, special, incidental, exemplary, consequential, or punitive damages. This includes, but is not limited to, damages resulting from system failures, malfunctions, loss of profits, data, use, business, or goodwill. Such limitation applies to any damages arising from or related to ETNA Services or this Agreement, regardless of whether they stem from contract, tort, strict liability or statute.
6.3 In the event that You have grounds for seeking damages related to ETNA Services or a breach of this Agreement, You acknowledge and agree that Your sole recourse is limited to the recovery of direct damages.
7.1 Governing Law: This Agreement and any separate agreements whereby ETNA provides you Services shall be governed by and construed in accordance with the laws of Florida, USA.
7.2 Entire Agreement: This Agreement, ETNA License Agreement, including Privacy Policy, and any legal notices and disclaimers contained on ETNA’s websites, software, and products, constitute the entire agreement between You and ETNA regarding use of the Services and supersede all prior agreements and understandings with respect to the same.
7.3 Severability: If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
7.4 Contact Information: For general questions or concerns regarding this Agreement or Services, please contact us at: [email protected]
