Think Small End User License Agreement (EULA)
Last updated: May 19, 2021
In addition to the general Terms & Conditions (“Terms”), found online here; and which are deemed incorporated herein by this reference, you acknowledge and agree that any Product(s) that you access, use, or download from Think Small’s Platform are subject to these additional end user license agreement terms (“EULA”). Capitalized terms not defined in this EULA shall have the meaning set forth in the Terms.
By accessing, using, or downloading any Product(s), including whether you click “ACCEPT” on any notice prior to download, or you receive a copy of this EULA with any signed order form or purchase order for the Product(s) you (a) acknowledge that you have read and understand this EULA and the Terms; (b) represent and warrant that you are 18 years of age or older; and (c) you are authorized to and you do accept this EULA and the Terms and agree that you are legally bound by this EULA and the Terms. If you do not agree to all of this EULA and the Terms, do not access, download, or use the Product(s). For purposes of this EULA, “you” includes yourself and any organization or legal entity for which you are acquiring the Product(s), or from whose equipment the Product(s) will be downloaded or used.
This EULA may be modified from time to time, and such modifications shall be effective immediately upon posting of the modified EULA. Your continued use of the Product(s) will mean you accept the modified EULA as of the last revised date noted below.
License. We hereby grant you a limited, non-exclusive, non-transferable right to download, install, and use the Product(s) for your personal, non-commercial use on a single device owned or otherwise controlled by you, strictly in accordance with the Terms and this EULA.
Restrictions; Obligations. Your use of any downloaded version of our Product(s) is subject to compliance with: (i) the Restrictions noted in the Terms; (ii) our Acceptable Use Policy; and your consent that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Product(s).
Confidentiality. You shall hold all nonpublic information and/or content in the Product(s as “Confidential Information” and in trust and confidence. You further agree that such Confidential Information shall be used solely for your internal use of the Product(s), and it shall not be disclosed to any third party under any circumstances whatsoever. You shall use a reasonable standard of care to prevent unauthorized disclosure, use or publication of such Confidential Information or any unauthorized use of the Product(s). You agree to promptly notify us in the event of any breach of your obligations under this EULA.
Product Updates. The license provided hereunder is only to the Product(s) in their current form and does not include any rights to any updated versions that we may offer in the future. You may separately purchase updated versions of the Product(s).
Compliance with Applicable Laws. You agree that you will not use the Product(s) for activities prohibited by state or federal law or other applicable rules or regulations.
Indemnification. You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, licensors, and suppliers from any liability, loss, claim, action, demand, and expense (including reasonable attorneys’ fees) resulting from, or alleged to result from, your violation of this EULA.
Agreement. The Terms and this EULA, including any order form or purchase order or supplemental terms we agree to in writing, constitutes the entire agreement and understanding between you and us with respect to the subject matter hereof and supersedes all prior agreements, understandings, inducements and conditions expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. This EULA shall be binding upon and inure to the benefit of you and us and our successors, and assigns.
No Waiver; Severability. Our failure to insist upon strict enforcement of any provision(s) of this EULA shall not be construed as a waiver of any provision or right. Should any provision of this EULA be held invalid or unenforceable, such invalidity will not invalidate the whole of this EULA, but rather that invalid provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this EULA will remain in full force and effect.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND THIS EULA AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE “ACCEPT” BUTTON OR DOWNLOADING, INSTALLING OR USING THE PRODUCT, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THE TERMS AND THIS EULA.
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