Eula
End User License Agreement (EULA)
This End User License Agreement (“Agreement”) is between You and EcoGreen360 Oy (“Company”). The Agreement authorizes you to use ECO360 Platform (“Software”) according to the terms and conditions set out in this Agreement. This is an agreement on end-user rights and not an agreement for sale; the Company retains ownership of the copy of the Software and the intellectual property rights related to it.
Software may include one or many of the following Company products:
E360 Widget®
E360 QR®
E360 Design®
E360 Reporting®
E360 Branding®
Trade names of the Company’s products may vary by market, and there may be local translations of product names.
By installing or using the Company Software, you agree to the terms of this Agreement. If you do not agree to the terms, you are not authorized to use the Software. All images, photographs, icons, and text incorporated in the Software are owned by the Company and are protected by copyright laws and international treaties. Except as expressly licensed herein, all rights are reserved to the Company.
Read this Agreement carefully before installing, downloading, or using the Software. By installing, downloading, or using the Software, you agree to the terms and conditions of this Agreement. If you do not agree to these terms, promptly cancel the installation or downloading or destroy or return the Software and accompanying documentation to ECO360.
ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SOFTWARE.
---
1. SOFTWARE
For purposes of this EULA, "Software" refers to all software programs distributed, published, or otherwise made available by EcoGreen360 Oy or its affiliates, including but not limited to downloadable or installable software for computers and mobile devices, and services accessed via a browser or other online methods.
2. LICENSE GRANT
The Company grants you non-exclusive, non-transferable end-user rights to use the executable version of the Software, where "use" in this Agreement means storing, loading, installing, or executing the Software. Your use of the Software, including during the free-to-use period, is subject to the rights and conditions outlined in clauses 3 and 4.
3. END USER RIGHTS
If you acquire a single license, you may install the Software on one computer and/or mobile device, and it may only be used on one device at a time.
If you acquire multiple licenses or a time-limited subscription, you may install the Software on as many devices as the number of licenses you purchased, or during the time of the subscription.
4. CONDITIONS ON THE END USER
a. You may not modify the Software or disable any licensing or control features.
b. You may not copy the written materials accompanying the Software.
c. You may not resell, sublicense, rent, lease, or lend the Software or its documentation.
d. You may not reverse-engineer, reverse-compile, disassemble, or attempt to discover the Software's source code (except where expressly prohibited by law).
e. You agree to only use the Software in compliance with all applicable laws in your jurisdiction.
f. The functionality of the Software may vary between devices, and not all features may work on all devices. The Company is not responsible for listing unsupported features.
g. You agree that the Company is not responsible for any internet-related charges associated with the Software.
e. You agree to allow the installation of a connectivity application on your device.
i. The Company will collect user information for reporting, billing, and product development purposes, governed by the ECO360 Privacy Policy.
5. OWNERSHIP
All intellectual property rights to the Software are owned by the Company. Your license confers neither ownership nor title to the Software.
6. NO WARRANTIES OR OBLIGATIONS
To the maximum extent permitted by applicable law, the Company expressly disclaims any warranty for the Software. The Software and any related documentation are provided “as is” without warranty of any kind, either express or implied, including, without limitation, non-infringement of third-party proprietary rights, merchantability, fitness for a particular purpose, or that the Software will not infringe any third-party patents, copyrights, trademarks, or other rights. There is no warranty by the Company that the functions contained in the Software will meet your requirements. The Company does not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. You assume all responsibility and risk for the selection of the Software to achieve your intended results and for the installation, use, and results obtained from it. This Agreement creates no obligations on the part of the Company other than those specifically set forth herein.
7. NO LIABILITY FOR DAMAGES
To the maximum extent permitted by applicable law, the Company and its employees shall not be liable for any incidental, special, or consequential damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of or relating to the use or inability to use this Software, even if the Company has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
8. INDEMNITY
This Software is intended for use with any data, media, files, or content to which you have sufficient rights, authority, or ownership. It is your responsibility to determine whether copyrights, patents, or other licenses are needed for the data, media, files, or content that you use in conjunction with this Software. You agree to hold harmless, indemnify, and defend the Company, its officers, directors, and employees against any loss, damage, fine, or expense, including attorney’s fees, arising out of or related to any claim that you have used this Software in violation of applicable laws in your jurisdiction. It is your responsibility to abide by the laws of whichever jurisdiction you reside in.
9. TERMINATION
This Agreement is effective from the first date you install the Software. You may terminate this Agreement at any time by permanently deleting, destroying, and returning, at your own cost, the Software, all backup copies, and all related materials provided by the Company. Your end-user rights automatically and immediately terminate without notice from the Company if you fail to comply with any provision of this Agreement. In such an event, you must immediately delete, destroy, or return, at your own cost, the Software, all backup copies, and all related material to the Company.
10. EXPORT REQUIREMENTS
You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.
11. NEGATION OF PARTNERSHIP
The Company shall not become or be deemed a partner or a joint venturer with you by reason of the provisions of this Agreement.
12. GOVERNING LAW AND FORUM
This Agreement is governed by the laws of Finland. All disputes arising from or relating to this Agreement shall be settled by a single arbitrator appointed by the Central Chamber of Commerce of Finland. The arbitration procedure shall take place in Helsinki, Finland, in the English language.
13. TECHNICAL SUPPORT
The Company has no obligation to furnish you with technical support unless separately agreed in writing between you and the Company.
14. FEEDBACK
By submitting any feedback to the Company, you hereby grant the Company a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, and assignable license to use, reproduce, modify, publicly perform, and publicly display the feedback, and to distribute reproduced and modified copies thereof. The Company may also incorporate the feedback or any concepts described in it into its products without accountability or liability.
15. ENTIRE AGREEMENT AND GENERAL PROVISIONS
Unless otherwise expressly agreed in writing, this Agreement constitutes the sole and exclusive agreement between you and the Company with regard to the Software and supersedes all prior agreements, whether oral or written, and other communications between the parties relating to the subject matter herein. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the remaining terms, which shall remain valid and enforceable according to their terms.
16. OPEN-SOURCE LICENSES
You acknowledge that certain components of the Software may be covered by “open source” software licenses, which are licenses approved by the Open-Source Initiative or any similar licenses. To the extent that these licenses require that the software be made available in source code format, those terms shall apply instead of the terms of this Agreement for the relevant open-source components. Deviating license terms for open-source components can be found at the Company’s website.
17. PRIVACY POLICY
We respect your privacy and take protecting it seriously. You can read EcoGreen360's Privacy Policy on the Company’s website. EcoGreen360 may modify the Privacy Policy at any time without prior notice. If the Privacy Policy is changed in a material, adverse way, EcoGreen360 will provide a separate notice advising of the change. Your continued use of the Software constitutes your consent to any changes and modifications.
18. UPDATE OF THE TERMS
While ordering or using the Software, please note that the most updated version of the Terms, as present on the Company’s website, always applies. The Company reserves the right to modify the Terms at any time by publishing new versions of the Terms on the website. Such a new version shall become effective 30 days after the date of publication. These terms may be drafted in different languages. The English version shall always be the official version, and in case of conflict between English and another language, the English version will prevail.