WEBSITE PLUGIN USER AGREEMENT
Effective Date: August 27, 2024
This Website Plugin User Agreement (“Agreement”) is a legal agreement between you (“User,” “you,” or “your”) and Convergine Corp. (“Convergine,” “we,” “our,” or “us”). This Agreement governs your use of the plugins (“Plugin” or “Plugins”) developed and distributed by Convergine, including but not limited to the [Insert Plugin Name], and any related documentation, updates, and services provided by Convergine.
By downloading, installing, or using the Plugin, you agree to be bound by the terms and conditions of this Agreement. Do not download, install, or use the Plugin if you disagree with these terms.
License Grant
1.1 License:
Subject to the terms of this Agreement, Convergine grants you a limited, non-exclusive, non-transferable, and revocable license to download, install, and use the Plugin solely for your internal business or personal purposes. This license is provided only for the duration of your subscription or purchase of the Plugin.
2. Restrictions on Use
2.1 No Distribution:
You may not distribute, sublicense, sell, rent, lease, or otherwise transfer the Plugin or any portion thereof to any third party without our prior written consent.
2.2 Modifications:
You may not modify, alter, or create derivative works based on the Plugin without our permission.
2.3 Reverse Engineering:
You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the plugin's source code, except as expressly permitted by applicable law.
2.4 Compliance with Laws:
You agree to use the Plugin in compliance with all applicable laws, regulations, and third-party rights, including but not limited to intellectual property, data privacy, and anti-spam laws.
3. Ownership and Intellectual Property
3.1 Ownership:
The Plugin, including all intellectual property rights therein, is and shall remain the exclusive property of Convergine and its licensors. This Agreement does not grant you any rights to trademarks, service marks, or logos associated with the Plugin or Convergine.
3.2 Feedback:
If you provide any suggestions, ideas, or feedback (“Feedback”) to Convergine regarding the Plugin, Convergine shall own all rights, title, and interest in and to the Feedback and may use such Feedback without any obligation to you.
4. Privacy and Data Collection
4.1 Data Collection:
The Plugin may collect and transmit certain data, as our Privacy Policy describes. By using the Plugin, you agree to its collection and use in accordance with our Privacy Policy.
4.2 Third-Party Services:
The Plugin may integrate with third-party services, such as social media platforms, to facilitate content distribution. Your use of these third-party services is subject to their respective terms of service and privacy policies.
5. Termination
5.1 Termination by You:
You may terminate this Agreement anytime by uninstalling the Plugin and ceasing all use.
5.2 Termination by Us:
Convergine may terminate this Agreement at any time, with or without notice, if you breach any terms of this Agreement or if Convergine discontinues the Plugin.
5.3 Effect of Termination:
Upon termination of this Agreement, you must cease all use of the Plugin and destroy all copies in your possession or control. Sections 2, 3, 5.3, 6, 7, and 8 of this Agreement shall survive termination.
6. Disclaimers and Limitation of Liability
6.1 Disclaimers:
The Plugin is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Convergine does not warrant that the Plugin will be error-free, secure, or operate without interruptions.
6.2 Limitation of Liability:
To the fullest extent permitted by law, Convergine shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the Plugin; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any bugs, viruses, trojans, or the like that may be transmitted to or through the Plugin by any third party; or (d) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Plugin.
7. Indemnification
You agree to indemnify, defend, and hold harmless Convergine, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your use of the Plugin or your violation of this Agreement.
8. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in Markham, Ontario, to resolve any disputes arising out of or related to this Agreement.
9. Miscellaneous
9.1 Entire Agreement:
This Agreement constitutes the entire agreement between you and Convergine regarding the Plugin and supersedes all prior or contemporaneous understandings and agreements, whether written or oral.
9.2 Amendments:
Convergine may amend this Agreement at any time by posting the revised terms on our Website or by notifying you through the Plugin. Your continued use of the Plugin after such changes constitutes your acceptance of the new terms.
9.3 Waiver:
No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such or any other term. Convergine’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
9.4 Severability:
If a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
10. Contact Information
If you have any questions about this Agreement, please get in touch with us at:
Convergine Corp.
Markham, ON, Canada
Email: [email protected]
Phone: +1-123-456-7890
