End User License Agreement – SYBU Smart Scales

This Agreement is for the SYBU SmartScales. SYBU ScaleMaster and SYBU CloudScale software hereafter known as “the Software”.

You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by SYBU DATA, your use, distribution, or installation of this copy of the Software indicates your acceptance of this License.

If you do not agree to any of the terms of this License, then do not install, distribute or use this copy of the Software.

ACCESS TO THE SOFTWARE

You may access this copy through a network, provided that you have obtained an individual license for each workstation that will access the Software through the network.

You must obtain a software license to use the software. The license must be renewed every year. The license can be purchased via a yearly paid subscription from an authorised Sybu Data licensor. We do not provide refunds or credits for any cancelled or partial subscription periods.

GRANT OF LICENSE

The Software is the property of SYBU DATA. We grant you limited, non-exclusive, non-transferable, and revocable permission to make use of the Software for such time until either You or SYBU DATA terminates this agreement.

The Software and its content is licensed to you, not sold, even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices

All rights of any kind in the Software that are not expressly granted in this License are entirely and exclusively reserved by SYBU DATA.

You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software. You may not make access to the Software available to others in connection with a service bureau, application service provider, or similar business. There are no third party beneficiaries or any promises, obligations or representations made by SYBU DATA herein.

OWNERSHIP

The SYBU DATA software applications are not sold or transferred to you, and SYBU DATA retains ownership of all copies of the Software and its Content, even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices.

WARRANTY DISCLAIMER, LIMITATION OF LIABILITY

This software, and all accompanying files, data and materials, is distributed “AS IS”, with no warranties of any kind, whether express or implied. The user must assume the entire risk of using the Software. This disclaimer of warranty constitutes an essential part of the agreement.

SYBU DATA’s liability will be limited exclusively to the refund of 1 annual licensing fee. In addition, in no event shall SYBU DATA, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organisations, be liable for any consequential, or incidental damages whatsoever including, without limitation, damages arising out of loss of business profits, business interruption, loss of business information, work stoppage, computer failure or malfunction, or any undirected damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract or otherwise) upon which the claim is based, relating to the use of the Software, or your relationship with SYBU DATA.

In addition, in no event does SYBU DATA authorise you to use the Software in applications or systems where the Software’s failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold SYBU DATA harmless from any claims or losses relating to such unauthorised use.

PRIOR AGREEMENTS AND GOVERNING LAWS

This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of South Africa.

CHANGES TO THIS EULA OR TO THE SOFTWARE

SYBU Data reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to You. You can review the most current version of this EULA by clicking on the “EULA” link located on the Software or on www.sybu.co.za

You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA and must immediately uninstall the Software and destroy all copies of the Software. Your continued use of the Software following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.

SYBU Data may modify the Software for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimise the Software. You agree that the Software may install or download the modifications automatically. You agree that SYBU Data may cease support of previous versions of the Software upon availability of an updated version.

SYBU Data’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the Software.

DATA PRIVACY

SYBU Data does not collect, store or control information captured and maintained in the Software or related systems.

In the unlikely event that we need to access data stored in the Software to provide ongoing support and troubleshooting, the information will be downloaded in an anonymised form making it impossible to discern or identify personal information. Accessing data in this manner ensures compliance with POPIA data access requirements, and as such, does not constitute a transfer or access to personal information. Should we encounter a scenario where data cannot be anonymised, access to, and the use of this information will be managed in accordance with the SYBU Data Privacy Policy, which can be viewed on our website, and will be handled with utmost care and respect to your client’s privacy

MISCELLANEOUS

SYBU DATA will make reasonable efforts to keep the SYBU DATA CloudScale Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes, from time to time, may result in temporary interruptions.

SYBU DATA reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, any functions and features of the SYBU DATA CloudScale Service, with advance notice where possible. These can include but not limited to functional and pricing changes to the service tiers, storage plans and data retention changes.

You understand, agree, and accept that SYBU DATA will make reasonable efforts, although it has no obligation, to maintain, support, upgrade, or update the Service.

For any question concerning this License Agreement, you may contact us by completing the Contact Us form on our website: https://sybu.co.za/contact

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