1. Introduction
- Parties Involved: This Agreement is between MergeNinja.com (“Licensor”) and the end-user (“Licensee” or “User”) of the software.
- Acceptance of Terms: By installing, copying, or using the software, the User agrees to be bound by the terms of this EULA.
2. Grant of License
- License Type: The Licensor grants the User a non-exclusive, non-transferable, and limited license to use the software.
- Permitted Uses: The software may be used solely for connecting to the User’s QuickBooks Online account and creating mail merges using templates within the software.
3. Restrictions
- Prohibited Actions:
- No Copying or Distribution: The User may not copy, distribute, or make the software available over a network where it could be used by multiple devices at the same time.
- No Modification: The User may not modify, translate, or create derivative works based on the software.
- No Reverse Engineering: Decompiling, disassembling, or reverse engineering the software is prohibited.
- Compliance with Laws: The User agrees to comply with all applicable laws and regulations regarding the use of the software.
4. Data Privacy
- Data Collection: The software collects customer data from the User’s QuickBooks Online account solely to perform mail merges as intended.
- Data Usage: All data accessed by the software is used exclusively for providing the software’s functionality to the User.
- No Third-Party Sharing: User data will not be shared with any third parties under any circumstances.
- Data Security: The Licensor employs industry-standard security measures to protect the integrity and confidentiality of the User’s data.
5. Intellectual Property Rights
- Ownership: All intellectual property rights in and to the software are owned by the Licensor.
- No Transfer of Rights: This EULA does not transfer any ownership rights to the User.
6. Termination
- Automatic Termination: This Agreement terminates automatically if the User fails to comply with any of its terms.
- User-Initiated Termination: The User may terminate this Agreement by uninstalling and destroying all copies of the software.
- Effects of Termination: Upon termination, the User must cease all use of the software and delete all copies from their systems.
7. Disclaimer of Warranties
- “As Is” Provision: The software is provided “as is” without any warranties of any kind.
- No Warranty: The Licensor disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
8. Limitation of Liability
- Exclusion of Damages: The Licensor shall not be liable for any indirect, incidental, special, or consequential damages arising out of the use or inability to use the software.
- Maximum Liability: The Licensor’s total liability shall not exceed the amount paid by the User for the software.
9. Governing Law
- Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of [Your Country/State].
- Dispute Resolution: Any disputes arising under this Agreement shall be resolved through binding arbitration in [Your Jurisdiction].
10. Updates and Upgrades
- Automatic Updates: The software may automatically download and install updates to improve, enhance, and further develop the software.
- Consent to Updates: By using the software, the User consents to such automatic updates and agrees that this EULA will apply to all such updates.
11. Third-Party Software
- Acknowledgment: The software may include third-party components that are subject to separate license agreements.
- Compliance: The User agrees to comply with all such third-party license agreements.
12. Entire Agreement
- Integration Clause: This EULA constitutes the entire agreement between the Licensor and the User regarding the software and supersedes any prior agreements or understandings.
13. Severability
- Invalid Provisions: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14. Amendments
- Modifications: The Licensor reserves the right to modify this EULA at any time. Any changes will be posted on the Licensor’s website and will become effective upon posting.
15. Contact Information
- Support and Inquiries: For support or questions regarding this EULA, please contact:
- Email: support@mergeninja.com
- Email: support@mergeninja.com