End User License Agreement
End User License Agreement (EULA) for Pherus Products and Services
This End User License Agreement ("EULA") is a legal agreement between you ("User" or "You") and Pherus, governing your use of Pherus's products and services. By accessing or using any of Pherus's products or services, you agree to be bound by the terms and conditions of this EULA. If you do not agree to these terms, do not access or use Pherus's products or services.
License Grant:
Subject to the terms and conditions of this EULA, Pherus grants you a limited, non-exclusive, non-transferable, and revocable license to access and use its products and services for your personal or internal business purposes. This license does not grant you any ownership rights or intellectual property rights in Pherus's products or services, which remain the exclusive property of Pherus and its licensors.
Use of Products and Services:
You agree to use Pherus's products and services in compliance with all applicable laws, regulations, and third-party rights. You shall not engage in any unauthorized use, reproduction, distribution, or modification of Pherus's products or services, or any reverse engineering, decompilation, or disassembly of any software or technology used in connection with Pherus's products or services. Furthermore, you agree not to use Pherus's products or services for any unlawful, harmful, or objectionable purpose, including but not limited to activities that infringe upon the rights of others, violate privacy or data protection laws, or disrupt the integrity or security of Pherus's systems or networks.
Intellectual Property Rights:
All intellectual property rights in Pherus's products and services, including but not limited to trademarks, copyrights, patents, and trade secrets, are owned by Pherus or its licensors. You acknowledge and agree that Pherus retains all rights, title, and interest in and to its products and services, and you shall not acquire any ownership rights or intellectual property rights therein except as expressly granted under this EULA.
Data Privacy and Security:
Pherus is committed to protecting your privacy and safeguarding your personal information. By using Pherus's products and services, you consent to the collection, use, and processing of your data in accordance with Pherus's Privacy Policy. Pherus implements industry-standard security measures to protect your data against unauthorized access, disclosure, alteration, or destruction, but cannot guarantee absolute security. You are responsible for maintaining the confidentiality of any account credentials or access tokens provided to you by Pherus and for ensuring the security of your devices and networks used to access Pherus's products and services. You agree to notify Pherus immediately of any unauthorized use or security breach involving your account or access credentials.
Disclaimer of Warranties:
Pherus's products and services are provided on an "as is" and "as available" basis, without any warranties or representations of any kind, whether express, implied, or statutory. Pherus disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Pherus does not warrant that its products and services will be uninterrupted, error-free, or free from harmful components, or that any defects or errors will be corrected. Pherus does not warrant the accuracy, completeness, or reliability of any content or information provided through its products and services.
Limitation of Liability:
In no event shall Pherus be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of Pherus's products or services, even if Pherus has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, Pherus's total liability for any claims arising under this EULA shall not exceed the amount paid by you, if any, for the use of Pherus's products or services during the twelve (12) months preceding the claim.
Governing Law and Dispute Resolution:
This EULA shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles. Any dispute arising out of or in connection with this EULA shall be resolved exclusively through arbitration administered by [Arbitration Organization] in accordance with its commercial arbitration rules. The arbitration shall take place in [Location], and the language of the arbitration shall be [Language]. The arbitrator's decision shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction.
Miscellaneous:
This EULA constitutes the entire agreement between you and Pherus regarding your use of Pherus's products and services and supersedes all prior or contemporaneous agreements and understandings, whether written or oral, relating to the subject matter hereof. If any provision of this EULA is held to be invalid or unenforceable, such provision shall be interpreted to give maximum effect to its intended purpose to the extent possible under applicable law, and the remaining provisions of this EULA shall continue in full force and effect. No waiver of any term or condition of this EULA shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and Pherus's failure to assert any right or provision under this EULA shall not constitute a waiver of such right or provision.