End User License Agreement (EULA)#
By downloading, installing, accessing, or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not install or use the Modeva Software (“Software”).
1. License Grant#
Subject to the terms of this Agreement, Modeva grants you a non-exclusive, non-transferable, non-sublicensable, limited license to install, access, and use the Software solely for your internal business operations and in accordance with Modeva’s documentation and permitted use cases described on www.modeva.ai.
2. Restrictions#
You may not:
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software.
Modify, translate, or create derivative works of the Software.
Rent, lease, lend, sell, sublicense, or otherwise transfer the Software to any third party.
Use the Software in violation of any applicable law or regulation or in connection with any high-risk or illegal activity.
3. Ownership#
The Software is licensed, not sold. Modeva and its licensors retain all right, title, and interest in and to the Software, including all associated intellectual property rights. All rights not expressly granted to you are reserved by Modeva.
4. Data Usage and Privacy#
You acknowledge and agree that Modeva may collect, process, and use technical and usage data for improving the Software and supporting your usage.
If you process any personal data using the Software, you are solely responsible for complying with applicable data protection laws.
5. Updates and Support#
Modeva may provide updates, patches, or new versions of the Software from time to time. These may be subject to additional terms. Support services, if offered, will be provided as described on the Modeva website or in a separate agreement.
6. Term and Termination#
This Agreement is effective upon your acceptance and continues until terminated. Either party may terminate this Agreement at any time for convenience or if the other party breaches a material term. Upon termination:
Your rights to use the Software will cease.
You must delete or destroy all copies of the Software and documentation.
7. Disclaimer of Warranties#
EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED “AS IS” AND MODEVA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MODEVA DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR OPERATE WITHOUT INTERRUPTION.
8. Limitation of Liability#
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MODEVA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, EVEN IF MODEVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MODEVA’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
9. Confidentiality#
You agree to keep confidential all non-public technical, business, or commercial information provided by Modeva, including the Software and any performance data or feedback, and to use it only in connection with your authorized use of the Software.
10. Export Compliance#
You agree to comply with all U.S. and international export laws and regulations that apply to the Software.
11. Governing Law and Dispute Resolution#
This Agreement is governed by the laws of the State of Delaware, excluding its conflict of laws principles. Any disputes arising out of or relating to this Agreement shall be resolved by binding arbitration unless otherwise required by law.
12. General#
Entire Agreement: This Agreement constitutes the entire agreement between you and Modeva with respect to the Software.
Amendments: Modeva reserves the right to modify this Agreement by posting updated terms on its website.
Severability: If any provision is found unenforceable, the remaining provisions will remain in full force.
No Waiver: Modeva’s failure to enforce any right shall not constitute a waiver of future enforcement.
BY INSTALLING/USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.