End-User License Agreement (EULA)

 

1. Introduction

This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and SalesTim, owner of nBold (“Licensor”), for the use of the software solution nBold (“Software”). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA.

 

2. License Grant

Licensor grants you a non-exclusive, non-transferable license to use the Software for your internal business purposes, subject to the terms and conditions set forth in this EULA. This license allows you to install and use the Software on devices that you own or control.

 

3. User Obligations

You agree to:

• Use the Software in compliance with all applicable laws and regulations.
• Not engage in any activities that may disrupt or interfere with the operation of the Software.
• Not reverse engineer, decompile, or disassemble the Software, except as permitted by law.
• Not distribute, sublicense, rent, lease, or lend the Software to any third party.
• Maintain the confidentiality of your login credentials and promptly notify Licensor of any unauthorized access or use.

 

4. Intellectual Property

Licensor is the owner of all property rights, including intellectual property rights on the Software and all its components (software, database, name/logo, graphical interface, multimedia content, etc.). You are granted no title or ownership rights in the Software.

 

5. Fees and Payment

Use of the Software may be subject to payment of fees as determined by Licensor. You agree to pay all applicable fees in accordance with the payment terms set forth by Licensor. Failure to pay such fees may result in the termination of your license to use the Software.

 

6. Support and Updates

Licensor may provide you with support services related to the Software. Any supplemental software code provided as part of the support services shall be considered part of the Software and subject to the terms of this EULA. Licensor may also provide updates and upgrades to the Software, which you agree to install promptly.

 

7. Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from Licensor if you fail to comply with any term(s) of this EULA. Upon termination, you must cease all use of the Software and destroy all copies, full or partial, of the Software.

 

8. Warranties and Disclaimers

The Software is provided “as is” without warranty of any kind. Licensor disclaims all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Licensor does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.

 

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Licensor be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in any way related to the use of or inability to use the Software, even if Licensor has been advised of the possibility of such damages.

 

10. Confidentiality

The parties undertake to preserve the confidentiality of the Agreement and the confidential information exchanged under the Agreement and not to disclose or exploit it in any way other than necessary for the performance of the Agreement during the Agreement and for two years after its termination for whatever reason.

 

11. Data Protection

Both parties will comply with all applicable requirements of the General Data Protection Regulation (EU 2016/679) and any national implementing laws, regulations, and secondary legislation, as amended or updated from time to time. The Client is the data controller for the Client’s data, and Licensor is the data processor.

 

12. Force Majeure

Neither party shall be liable for the non-performance of its contractual obligations insofar as it results from a case of force majeure. Events such as acts of administrative or judicial authorities, bad weather, earthquakes, fires, storms, attacks, kidnappings, network outages outside the infrastructure held by Licensor, failure of a third-party Internet service provider, or third-party online service provider; computer malicious acts and offenses relating to automated processing systems are considered as force majeure.

 

13. Governing Law

This EULA shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles. Any disputes arising out of or in connection with this EULA shall be resolved in the courts of Paris, France.

 

14. Miscellaneous

• Amendment: Licensor reserves the right to modify this EULA at any time, and such modifications shall be effective immediately upon posting the modified agreement.
• Entire Agreement: This EULA constitutes the entire agreement between you and Licensor and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties.
• Severability: If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Contact Information: For any questions about this EULA, please contact Licensor at support@nbold.co .