End User License Agreement

A. The Koingo software, any third-party software, documentation, interfaces, content, fonts, and any data accompanying this License—whether on disk, in read-only memory, on any other media, or in any other form (collectively, the “Koingo Software”)— are licensed, not sold, to you by Koingo Software, Inc. (“Koingo”) for use only under the terms of this License. Koingo and/or its licensors retain ownership of the Koingo Software and reserve all rights not expressly granted to you.

B. Koingo may, at its sole discretion, make available future updates or upgrades to the Koingo Software. These updates or upgrades may not be compatible with older systems. It is your responsibility to ensure system compatibility before purchasing or downloading updates or upgrades. Similarly, older versions of the Koingo Software may not be compatible with newer operating systems. You may continue to use the older version on the original operating system for which it was designed, or you may be required to obtain a paid or free update or upgrade to ensure continued compatibility.

A. License. Unless you have obtained the Koingo Software under a volume or maintenance license (see 2B), you are granted a limited, non-transferable, non-exclusive license tod ownload, install, use, and run the Koingo Software on each of the computers you own or control up to the maximum amount issued by the license type issued.

B. Volume or Maintenance License. If you obtained the Koingo Software under a volume or maintenance license program with Koingo, the terms of that license will determine the number of copies you are permitted to download, install, use, and run on computers you own or control. All other terms and conditions of this License still apply.

C. Koingo ID. Use of the Koingo Software or certain features, updates, and services may require a unique user name and password combination (a “Koingo ID”). You are responsible for maintaining the confidentiality of your Koingo ID and for any activity that occurs under your Koingo account.

D. System Requirements. Koingo Software is supported only on computer systems that meet or exceed the system requirements specified by Koingo. You are responsible for verifying these requirements.

E. Content and Digital Materials. Title and intellectual property rights in and to any content displayed or accessed through the Koingo Software belong to the respective content owner. Such content may be protected by copyright and other laws. This License does not grant you the right to use such content beyond the normal, intended use of the Koingo Software.

F. Other Use Restrictions. Except as otherwise licensed by Koingo, (i) only one user may use the Koingo Software at a time, and (ii) you may not make the Koingo Software available over a network where it could be accessed by multiple computers simultaneously. You may not rent, lease, lend, sell, redistribute, or sublicense the Koingo Software.

G. No Reverse Engineering. You agree not to, and not to enable others to, copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Koingo Software or any part thereof, except to the extent any such restriction is prohibited by applicable law.

H. Compliance with Laws. You agree to use the Koingo Software and any related services in compliance with all applicable laws and regulations in the jurisdiction(s) where you reside or use the Koingo Software.

I. Third-Party Software or Services. Koingo may provide access to third-party software or services. Koingo has no obligation to provide technical or other support for these third-party offerings. Please contact the respective provider for support and customer service regarding their software, services, or products.

J. Automatic Updates. The Koingo Software may periodically check for updates or upgrades and automatically download and install them on your device(s). You may disable automatic updates at any time via the Koingo Software preferences, but doing so may prevent you from receiving critical updates or enhancements.

A. Transferable. This License is transferable only if done so at no cost. Licenses may not be resold without our prior consent. If you sell your license to a third party, you must remove the Koingo Software from the previous installation location before completing the transaction.

B. Promotional, Evaluation, or Diagnostic Copies. Any copy of the Koingo Software provided by Koingo for promotional, evaluation, diagnostic, or restorative purposes may be used only for such purposes and may not be resold or transferred.

A. Diagnostic and Usage Data. By using Koingo Software, you agree that Koingo and its subsidiaries and agents may collect, maintain, process, and use diagnostic, technical, and usage information—such as unique system or hardware identifiers, information about your computer, system, and application software, and peripherals—to improve Koingo products and services, facilitate software updates, product support, and other services (if any), and verify compliance with this License. Koingo may also share aggregated, non-personally identifiable diagnostic information with its partners and third-party developers.

B. Location Data. Certain Koingo Software features or third-party services accessible via Koingo Software may rely on location information. By using these features, you agree that Koingo and its partners, licensees, and third-party developers may collect, transmit, maintain, and use your location data, in a form that does not personally identify you, to provide and improve location-based products or services.

C. Privacy Policy. Your information is treated in accordance with Koingo’s Privacy Policy, which is incorporated by reference into this License. You can view this policy at https://www.koingosw.com/privacy.php.

A. General. The Koingo Software may enable access to Koingo and/or third-party services and websites (“Services”). Accessing these Services may require an internet connection, a Koingo ID, or acceptance of additional terms and fees.

B. Offensive Content. You understand that by using the Koingo Software or Services, you may encounter content that is offensive, indecent, or objectionable. You use the Services at your own risk, and Koingo is not liable for such content.

C. Third-Party Materials. Certain Services may display, include, or provide links to third-party content, data, or materials (“Third-Party Materials”). Koingo is not responsible for examining or evaluating the content, accuracy, completeness, legality, or quality of any Third-Party Materials, websites, or services. Koingo and its officers, affiliates, and subsidiaries do not endorse and will have no liability for any third-party services or materials.

D. User-Uploaded Content. By uploading content via the Services, you represent that you own or are otherwise authorized to upload such content, and that it does not violate any terms of service or applicable laws. You agree not to use the Services in any unlawful manner, or in a way that infringes the rights of others.

E. Availability and Removal. Services and Third-Party Materials may not be available in all languages or locations, and Koingo makes no representation about the availability, appropriateness, or legality of these materials in your jurisdiction. Koingo may change, suspend, remove, or disable access to Services or Third-Party Materials at any time without notice or liability.

This License is effective until terminated by either you or Koingo. Koingo reserves the right to modify or revoke this License at any time, for any reason, with or without notice. Your rights under this License will automatically terminate if you fail to comply with any term(s). Upon termination, you must cease all use of the Koingo Software and destroy all copies, full or partial, of the Koingo Software. Sections regarding Disclaimers, Limitation of Liability, and other provisions intended to survive termination shall remain in effect.

A. If you are a consumer using the Koingo Software outside of a trade, business, or profession, certain consumer protection laws in your jurisdiction may confer rights that supersede any disclaimers below. Where prohibited, these disclaimers do not apply.

B. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE KOINGO SOFTWARE AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE KOINGO SOFTWARE IS AT YOUR SOLE RISK. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.

C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KOINGO SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. KOINGO AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE KOINGO SOFTWARE AND SERVICES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

D. KOINGO DOES NOT WARRANT THAT THE OPERATION OF THE KOINGO SOFTWARE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY KOINGO OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

E. YOU ACKNOWLEDGE THAT THE KOINGO SOFTWARE AND SERVICES ARE NOT INTENDED FOR USE IN SITUATIONS WHERE ERRORS, INACCURACIES, OR FAILURES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE (SUCH AS OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, LIFE SUPPORT, OR WEAPONS SYSTEMS).

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL KOINGO BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER—INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES—ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE KOINGO SOFTWARE OR ANY THIRD-PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE KOINGO SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), AND EVEN IF KOINGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL KOINGO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE CENT (U.S. $0.01). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You may not use, export, or re-export the Koingo Software except as authorized by Canadian law and the laws of the jurisdiction(s) in which the Koingo Software was obtained. In particular, the Koingo Software may not be exported or re-exported into any country subject to a Canadian embargo. By using the Koingo Software, you represent and warrant that you are not located in any such country and you agree to comply with all applicable export control laws.

The Koingo Software and related documentation are “Commercial Items,” as defined in 48 CFR §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation.” Accordingly, if you are a U.S. Government end user, the rights to the Koingo Software and its documentation are granted only with those rights as are granted to all other end users pursuant to the terms and conditions herein.

This License is governed by and construed in accordance with the laws of the Province of British Columbia, excluding its conflict of law principles. If you are a consumer based in the United Kingdom, local law may apply. If any provision of this License is found unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

This License constitutes the entire agreement between you and Koingo regarding the use of the Koingo Software and supersedes all prior or contemporaneous understandings on the subject. No amendment or modification of this License will be binding unless in writing and signed by Koingo. Any translation of this License is provided for convenience, and in the event of a dispute, the English version shall prevail to the extent not prohibited by local law.

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