End User Licence Agreement

Last updated: 23:05 23/07/2023 NZDT.
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This End User License Agreement ('Agreement') is a legal agreement between you and PBO Tools, and governs your use of PBO Tools ('Software') developed by SIX Software New Zealand. By using the Software, you agree to be bound by the terms and conditions of this Agreement. This Agreement shall become effective on the date you first download or use the Software, and shall continue until terminated as set forth herein.

Grant of License:

Subject to the terms and conditions of this Agreement, PBO Tools grants you a personal, non-exclusive, non-transferable license to use the Software for your own personal use only. This license is for a limited period of time and can be revoked at any time by PBO Tools. This license does not grant you any ownership or intellectual property rights in the Software, and you acknowledge and agree that PBO Tools retains all such rights in the Software. This license does not permit you to use the Software for any commercial purposes or to derive any commercial benefit from its use.

Use Restrictions:

You may not modify, alter, create derivative works of, reverse engineer, de-compile, disassemble, or attempt to derive the source code of the Software. You may not distribute, sell, rent, lease, or transfer the Software to any third party or allow any third party to use or access the Software, except as expressly permitted by this Agreement. You shall not remove, alter, or obscure any proprietary notices or labels on the Software, including without limitation any trademark, copyright, or patent notices.

Intellectual Property Rights:

All intellectual property rights related to the Software, including but not limited to patents, copyrights, trademarks, and trade secrets, are and shall remain the sole and exclusive property of PBO Tools. This Agreement does not convey to you any interest in or to the Software, except for the limited license granted in this Agreement. All rights not explicitly granted in this Agreement are reserved by PBO Tools.

Termination:

If you breach any of the terms and conditions of this Agreement, it will terminate automatically. Upon termination, your license will be terminated, and you must immediately destroy all copies of the Software in your possession or control. PBO Tools shall not be liable to you or any third party for any damages resulting from the termination of this Agreement.

No Waiver:

The failure of PBO Tools to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision, and shall not prevent PBO Tools from enforcing such right or provision in the future.

Severability:

THE SOFTWARE IS PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PBO TOOLS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PBO Tools SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE.

Technical Support:

We strive to provide free technical support is available to users who have purchased the Software as long as reasonably possible, but we reserve the right to discontinue technical support at any time without notice or liability to you. Users may access support through https://docs.pbo.tools or by creating a ticket at https://discord.pbo.tools.

Updates:

We strive to provide free updates for paid users as long as reasonably possible, but we reserve the right to discontinue updates at any time without notice or liability to you. We encourage you to check our website regularly for updates and to contact us if you have any questions or concerns.

Data Privacy:

Your privacy is important to us. In connection with your use of the Software, we may collect, store, and process certain data about you. Our practices with respect to the collection and use of such data are set forth in our Privacy Policy, which is available at https://pbo.tools/privacy-policy. By agreeing to this Agreement, you are also agreeing to the terms of our Privacy Policy.

Dispute Resolution:

Should any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, cannot be resolved through direct communication between you and PBO Tools, we encourage you to seek resolution through our support community on our Discord server, which can be found at https://discord.pbo.tools. If the dispute cannot be resolved through these means, it shall be settled by New Zealand courts, and each party irrevocably consents to the jurisdiction and venue of such courts.

Refund Policy:

We do not offer refunds under any conditions. Please refer to our Refund Policy for more information, which can be found at https://pbo.tools/refund-policy. By purchasing and/or utilizing our Software, you agree to the terms outlined in the Refund Policy.

Governing Language:

This Agreement is written in English (NZ). To the extent any translated version of this Agreement conflicts with the English version, the English version controls. Any proceedings conducted under this Agreement, including arbitration proceedings, will be conducted in English.

Prohibited Activities:

You may not use the Software to engage in any illegal, harmful, or infringing activities, including the unauthorized copying or distribution of copyrighted works.

This Agreement constitutes the entire agreement between you and PBO Tools and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and PBO Tools with respect to the Software.

This Agreement shall be governed by the laws of New Zealand, without giving effect to any conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts of New Zealand, and each party irrevocably consents to the jurisdiction and venue of such courts.
We reserve the right to modify this Agreement at any time, without notice to you. Your continued use of the Software after any such modifications constitute your acceptance of the modified Agreement. If any modification is unacceptable to you, your only recourse is to cease using the Software.

Contact:

If you have any questions regarding this Agreement or the Software, please feel free to reach out to us at legal@pbo.tools. We'll be happy to assist you or forward your inquiries to our lawyers.

By purchasing and/or utilizing our Software, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.

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