Last updated: 2022-07-05
This End User License Agreement (the “Agreement”) is a binding legal agreement between you (the “Customer”) and Rodolfo Berríos Arce, a natural person with residence in Concepción, Chile (the “Author”) regarding the use of Chevereto (the “Software”) and their derivate services like technical support, assistance, customizations, etc. By installing, downloading or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the Agreement, do not download, install, or use the Software. Installation or use of the Software signifies that you have read, understood, and agree to be bound by the Agreement.
This Agreement grants the Customer a license to install and use the Software on a single domain. The domain where the Customer install the Software must be owned or controlled by the Customer. The Author reserves the right to determine whether use of the Software qualifies under this Agreement. The Author owns all rights, title and interest of the Software, including all intellectual property rights, and reserves all rights of the Software that are not expressly granted in this Agreement.
The Customer understands and agrees that shall only use the Software in a manner that complies with any and all applicable laws in the applicable jurisdictions when using the Software. The Customer shall use the Software in accordance with applicable restrictions concerning privacy and intellectual property rights.
The user of the Software (the “End-User”) is the one using the Software in the instance(s) provisioned by the Customer without administrative/management permissions. Anyone (except the Customer and the Author) with access to a running instance of the Software with administrative/manager permissions and/or with access to the Software source code is defined as a third-party user (the “Third-Party”).
This Agreement grants access to all present, past and future available Software releases to the Customer. The Author reserves the right to limit or restrict the Customer access and usage of any given Software release or releases. The Customer shall only use the Software versions to which access has been granted by the Author.
The Customer shall access the Software only through this website and using the Customer account login. The Customer shall only use the Software releases available in the Customer account. Any Software release not available in the Customer account will be forbidden to the Customer.
The Customer may use the Software until any participating party terminates this Agreement as set forth in this paragraph. Either party may terminate the Agreement at any time upon written notice to the other party. Upon termination, all licenses granted to the Customer will expire, and the Customer shall immediately uninstall and cease all use of the Software. The Sections entitled “Warranty,” “Indemnification” and “Limitation of liability” will survive any termination of this Agreement.
The Author may modify the Software and this Agreement with notice to you either in email or by publishing content on the Software website, including but not limited to changing the functionality or appearance of the Software. This modification will become binding on you unless you terminate this Agreement.
By accepting the Agreement the Customer agrees to indemnify and otherwise hold harmless the Author, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
The Customer declares to expressly understand and agree that the Author shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, good will, use, data or other intangible losses (even if the Author has been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to the Customer. In no event will the Author’s total cumulative damages exceed the fees you paid to the Author under this agreement in the most recent twelve-month period.
The software is offered on an “as-is” basis and no warranty, either expressed or implied, is given. The Author expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Customer assume all risk associated with the quality, performance, installation and use of the software including, but not limited to, the risks of program errors, damage to equipment, loss of data or software programs, or unavailability or interruption of operations. The Customer is solely responsible for determining the appropriateness of use of the Software and assume all risks associated with its use or misuse.