AVM SOFTWARE LTDA – Comprehensive EULA
This End-User License Agreement contains binding arbitration and class action waiver provisions that limit your legal rights. By installing or using the Software, you agree to resolve disputes through individual arbitration in Buenos Aires, Argentina. READ CAREFULLY BEFORE PROCEEDING.
This End-User License Agreement ("EULA") is a legally binding contract between AVM SOFTWARE LTDA ("Company", "Licensor", "we", "us") and you ("Licensee", "you", "your") governing your use of Company's proprietary anonymization tool and related materials (collectively, the "Software").
By installing, copying, accessing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by this EULA in its entirety.
Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." References to "days" mean calendar days. "Person" includes individuals and entities. Singular includes plural and vice versa.
Subject to strict compliance with this EULA and payment of applicable fees, Company grants you a:
license to install and use the Software solely for legitimate educational, research, and development purposes in offline environments only.
The Software may include Third-Party Software subject to separate license terms. You must comply with such terms in addition to this EULA. Company provides no warranties regarding Third-Party Software and disclaims all liability for Third-Party Software issues.
LIMITED RIGHTS: Your rights are strictly limited to those expressly granted in Section 2. No other rights are granted by implication, estoppel, or otherwise.
NO COMPENSATION: You acknowledge that Company has no obligation to provide compensation, attribution, or consideration for Feedback.
RESPECT FOR THIRD-PARTY RIGHTS: You acknowledge that Software use must respect all third-party intellectual property rights, you are solely responsible for obtaining necessary permissions, Company is not responsible for third-party infringement claims, and you must indemnify Company for intellectual property violations.
Notwithstanding anything else in this EULA, Company's total aggregate liability for all claims, damages, losses, and causes of action arising from or related to the Software or this EULA, whether in contract, tort, or otherwise, shall not exceed the lesser of:
ESSENTIAL TERMS: These liability limitations are fundamental and essential elements of this EULA, reflected in the Software pricing and licensing model, applicable regardless of the legal theory of liability, enforceable to the maximum extent permitted by law, and not dependent on the success or failure of essential purpose.
RISK ALLOCATION: The parties acknowledge that these limitations represent a fair and reasonable allocation of risk, considering the nature and complexity of the Software, the potential risks and benefits of Software use, the relative bargaining positions of the parties, and the pricing model and commercial considerations.
SURVIVAL: These liability limitations shall survive and remain in effect regardless of termination of this EULA, despite any breach of contract or warranty, even if essential purpose fails, through any legal or arbitration proceedings, and in perpetuity to the maximum extent permitted. If any portion of these limitations is held invalid or unenforceable, the remaining limitations shall remain in full force and effect.
Company's indemnification obligations do not apply to claims arising from:
Upon receiving notice of any claim subject to indemnification:
The indemnifying party shall:
Both parties must:
NO REFUND UPON TERMINATION: Termination by you does not entitle you to any refund of license fees or other compensation.
APPLICABLE LAW: This EULA is governed by and construed in accordance with the laws of the Argentine Republic, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
JURISDICTION: The Courts of Buenos Aires, Argentine Republic, shall have exclusive jurisdiction over any disputes arising from or related to this EULA, subject to the mandatory arbitration provisions below.
The following disputes may be resolved in Buenos Aires Courts:
ENFORCEABILITY: If this class action waiver is held unenforceable for any reason, then the entire arbitration provision shall be null and void, and disputes shall be resolved exclusively in Buenos Aires Courts.
INTEGRATION CLAUSE: This EULA is intended as a complete and exclusive statement of the terms and conditions of the license granted herein, and no external evidence may be used to contradict, explain, or supplement its terms.
SEVERABILITY: If any provision of this EULA is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent and economic effect of the original provision.
PARTIAL ENFORCEABILITY: If any provision is deemed partially unenforceable, it shall be enforced to the maximum extent permitted by applicable law.
NO WAIVER BY CONDUCT: Company's failure to enforce any provision of this EULA or to exercise any right or remedy shall not constitute a waiver of such provision, right, or remedy, nor shall it affect Company's right to enforce such provision or exercise such right or remedy at any time thereafter.
WRITTEN WAIVERS REQUIRED: Any waiver of this EULA's provisions must be in writing and signed by Company's authorized representative.
MITIGATION AND NOTIFICATION: The affected party must promptly notify the other party and use reasonable efforts to mitigate the impact of the force majeure event.
Legal Department
AVM SOFTWARE LCC
Email: noreply@aridekvm.com
Subject: EULA Notice - End-User License Agreement
AVM SOFTWARE LTDA
Business Registration: Argentina
Support: noreply@aridekvm.com
For legal questions, compliance issues, or formal notices, contact:
Legal Department
AVM SOFTWARE LCC
Email: noreply@aridekvm.com
BY INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE AND AGREE THAT:
This installation and use constitutes your electronic signature and legally binding acceptance of this End-User License Agreement.
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