This Software Purchase Agreement becomes effective automatically when the Buyer registers for an account on the EventsLeadsPro website. By completing the registration process, the Buyer acknowledges and agrees to be bound by the terms and conditions of this Agreement. This Agreement is between ('Buyer') and TYFS TECHNOLOGY CO., LTD, doing business under the name EventsLeadsPro ('Seller')."
Witnesseth:
Whereas, Seller has developed and is the sole and exclusive owner of a proprietary software package entitled, “EventsleadsPro” hereinafter referred to as SYSTEM. The buyer acknowledge and agree that the Seller hold all intellectual property rights in the SYSTEM including, but not limited to, copyright, source code, documents. The SYSTEM consists of features and descriptions contained in the Proposal given by Seller to the Buyer, which is attached to this Agreement as Exhibit A; and
Whereas, Buyer desires to purchase a license from Seller to use the SYSTEM for an initial term of twelve (12) months; and
Whereas, Seller desires to grant non-exclusive licenses on the SYSTEM;
Now Therefore, Seller grants and Buyer accepts a personal, non-transferable and non- exclusive right and license to use the SYSTEM upon the terms and conditions set forth below:
- Each license granted under this Software License Agreement conveys to Buyer only a personal, non-exclusive, non-transferable right and license to use the SYSTEM on such computer systems and equipment of the Buyer as designated by the Buyer. This Software License Agreement may not be assigned by Buyer, and the System to which it applies, and documents and materials relating thereto, may not be disclosed, sub- licensed, published, released or transferred to another party by the Buyer without the prior written consent of Seller.
- This Software License Agreement shall commence upon the receipt by Buyer of the SYSTEM.
- Buyer agrees to pay Seller the applicable purchase price based on the product selected on the Seller's website at EventsLeadsPro Product Page, plus any applicable sales and excise taxes. This purchase price shall be due and payable to Seller at its principal place of business within one (1) day after both of the following events have occurred: (1) the execution of this Agreement by the parties; and (2) the delivery to the Buyer the SYSTEM.
- Additional Charges. In addition to the purchase price specified in Paragraph 3, Buyer agrees to pay Seller the additional charges as outlined on the Seller's website at EventsLeadsPro Product Page. These additional charges include, but are not limited to, video editing support and other value-added services. The charges will be determined based on the specific product and service package selected by the Buyer and will be applied in accordance with the terms listed on the website after the Buyer has received the selected product.
- Limitation of Liability:
5.1 In the event that Seller's performance of services and technical support is hindered or delayed due to force majeure events or unforeseen circumstances, Seller shall not be liable for any damages or losses resulting from such occurrences. Buyer acknowledges and agrees that Seller shall not be held in breach of this Agreement under such circumstances.
5.2 Seller shall not be held responsible for any interruptions in the services caused by system updates, maintenance, testing, hacking attacks, or any changes in policies, operations, or technology of third-party platforms, including but not limited to ByteDance and its subsidiaries. In such cases, Seller shall not be considered in breach of this Agreement, and Buyer acknowledges and accepts this limitation of liability.
IN WITNESS WHEREOF, by registering for an account on the EventsLeadsPro website, the Buyer acknowledges and agrees to be bound by the terms and conditions of this Software License Agreement.