End-user license agreements
Last Modified: September 2, 2024
READ THE TERMS OF THIS END USER LICENSE AGREEMENT (EULA) CAREFULLY BEFORE ACCESSING OR USING THIS SOFTWARE AS A SERVICE (SAAS) PRODUCT AND RELATED DOCUMENTATION. BY EXPRESSLY ACCEPTING THIS EULA, WHETHER BY CLICKING A BOX INDICATING ACCEPTANCE, ACCESSING, DOWNLOADING, INSTALLING, ACTIVATING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS EULA AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS EULA, YOU MUST NOT ACCEPT IT, AND YOU ARE PROHIBITED FROM ACCESSING OR USING SOFTWARE. IF YOU HAVE ALREADY GAINED ACCESS, YOU MUST IMMEDIATELY CEASE ALL USE AND CONTACT THE PROVIDER TO TERMINATE YOUR ACCOUNT AND REMOVE ANY ASSOCIATED DATA OR CONTENT.
This Canner End User License Agreement (the “EULA”) is a legal agreement between you (either an individual or an entity) and Canner, Co., Ltd. with offices at 7F.-2, No33, Sec. 1, Minsheng Rd., Banqiao Dist., New Taipei City 220, Taiwan (R.O.C.) (the “Licensor” or “Canner”) regarding the use of the Licensor’s software entitled Canner (the “Software”) and any upgrades, updates, patches, hotfixes, modules, routines, feature enhancements and additional versions of the Software that replace or supplement the original Software (collectively, the “Updates”). The “Software” shall mean collectively the Software program and Updates and any copies thereof. This EULA, in and of itself, does not entitle you to any updates at any time in the future. If an employee of yours (“Employee”) is licensing the Software and is agreeing to this EULA on behalf of you, the Employee REPRESENTS AND WARRANTS TO THE LICENSOR THAT HE/SHE IS AUTHORIZED TO AGREE TO THIS EULA ON BEHALF OF YOU, AND TO SO BIND, YOU. In this EULA, “you” and “your” shall mean, as applicable according to the preceding sentence, either the individual licensing the Software on his/her own behalf or the entity on behalf of which the Employee is agreeing to this EULA.
The License Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). Therefore, if your interactions are subjected to such laws, you may not use this Software.
If you have a separate written agreement with Canner Inc. for your use of the Service, this Agreement will not apply to you.
The Software is licensed to you, not sold. Subject to the terms and conditions of this EULA and the restrictions set forth below, the Licensor grants you a non-exclusive, non-transferable, and non-sublicensable license to install and use the Software on any device that you (End-User) own or control and as permitted by the Usage Rules. Except for the license rights granted above, the Licensor retains all right, title and interest in and to the Software and in all related content, materials, copyrights, trade secrets, patents, trademarks, derivative works and any other intellectual and industrial property and proprietary rights, including moral rights, registrations, applications, renewals and extensions of such rights. The Software is protected by applicable intellectual property laws, including United States copyright laws and international treaties.
You may not share or make the Software license available to third parties (unless to the degree allowed by Usage Rules, and with Canner Inc’s prior written consent), sell, resell, lend, lease, or otherwise redistribute the Software. You are liable for any breach of this EULA by such third party (a “Permitted Third Party”).
You may not reverse engineer, translate, dissemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Software or any part thereof.
You may not copy (excluding when expressly authorized by the license or Usage Rule) or alter the Software or portions thereof.
You may not, and you agree not to (a) use the Software to provide third party training or (b) disclose to any third party any results of Software benchmark tests.
Canner reserves the right to modify the terms and conditions of licensing.
Nothing on this license should be interpreted to restrict-third-party terms. When using the Software, you must ensure that you comply with applicable third-party terms and conditions.
You acknowledge that it is your responsibility to confirm and determine the browser compatibility on which you intend to use the intended Software, and it satisfies the technical requirements stated by Canner Inc.
Licensor reserves the right to modify the technical specifications, as it sees appropriate at any time.
Certain features or functionality of the Software may require you to use Third-Party Platforms. Use of Third-Party Platforms is subject to Customer’s agreement with the relevant provider and not this Agreement. Canner does not control and has no liability for Third-Party Platforms, including their security, functionality, operation, availability, or interoperability or how the Third-Party Platforms or their providers use Service Data. If Customer enables a Third-Party Platform with the Service, Canner may access and exchange Service Data with the Third-Party Platform on Customer’s behalf.
The Licensor is solely responsible for providing any maintenance and support services for this Software.
Canner Inc and the End-User acknowledge that the services have no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your system, and offer product support, facilitate the software updates, and for the purpose of providing other services to you (if any) related to the Software. The licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
The Licensor may, but is not obligated to, monitor, or review any areas on the Canner websites where you transmit or post communications (“Communications”) or communicate solely with each other, including but not limited to chat rooms, questions & answers, bulletin boards or other user forums, and the content of any such Communications. The Licensor, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Licensor retains the right to remove messages that include any material the Licensor deems abusive, defamatory, obscene, or otherwise unacceptable. You may be providing content for an international audience. The Licensor does not control or endorse the content, messages or information found in any Communications and, therefore, the Licensor specifically disclaims any liability with regard to the Communications and any actions resulting from your participation in any Communications. Managers and hosts are not authorized Canner spokespersons, and their views do not necessarily reflect those of the Licensor.
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions of other feedback regarding the Software, you agree that we can use and share such feedback for any purpose without compensating you.
You shall hold in the strictest confidence the Software and any related materials or information including, but not limited to, any technical data, research, product plans or know-how provided by the Licensor to you, either directly or indirectly in writing, orally or by inspection of Software or tangible objects (“Confidential Information”). You shall not disclose any Confidential Information to third parties, including any of your employees who do not have a need to know such information for the purposes of this EULA and you shall take reasonable measures to protect the secrecy of, and to avoid disclosure and unauthorized use of, the Confidential Information.
You shall immediately notify the Licensor of any known or suspected unauthorized use or disclosure of the Confidential Information.
The Software, Support and all related Canner services are provided “AS IS”. Canner makes no other warranties, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title or noninfringement. Unless otherwise expressly stated in this Agreement, Canner does not warrant that that Customer’s use of the Service will be uninterrupted or error-free, that Canner will review Software data for accuracy or that it will maintain Software Data without loss. Canner is not able for delays, failures or problems inherent in use of the Internet and electronic communications or other systems outside Canner’s control or use of the Software in High-Risk Activities. There is no warranty against interference with the enjoyment of the Software or against infringement.
Consequential Damages Waiver. Except for Excluded Claims, neither party (nor its suppliers) will have any liability arising out of or related to this Agreement for any loss of use, lost data, lost profits, failure of security mechanisms, interruption of business or any indirect, special, incidental, reliance or consequential damages of any kind, even if informed of their possibility in advance.
Liability Cap. Except for Excluded Claims, each party’s (and its suppliers’) entire liability arising out of or related to this Agreement will not exceed in aggregate the amounts of ONE HUNDRED DOLLARS (US$ 100.00). The foregoing warranty disclaimer and limitation of liability will apply to the maximum extent permitted by applicable law.
Force Majeure. Neither party is liable for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) due to events beyond its reasonable control, such as a strike, blockade, war, act of terrorism, pandemic, riot, Internet or utility failures, refusal of government license or natural disaster.
Subcontractors. Canner may use subcontractors and permit them to exercise Canner’s rights, but Canner remains responsible for their compliance with this Agreement and for its overall performance under this Agreement.
Exclude of Claims. “Exclude of claims” means customer breach of the scope of this license, technical requirements, or amounts payable to third parties under the indemnifying party’s obligations.
You, at your expense, shall defend and indemnify the Licensor against any claim, action or proceeding brought against the Licensor which arises from or is in any manner connected with your unauthorized use of the Software or that arises from your breach of any provision of this EULA.
You agree that money damages would be an inadequate remedy for the Licensor in the event of a breach or threatened breach by you of the provisions set forth in this EULA; therefore, you agree that in the event of a breach or threatened breach of any such provisions, the Licensor may, in addition to any other remedies to which it is entitled, be entitled to such preliminary or injunctive relief (including an order prohibiting you from taking actions in breach of such provisions), without the need for posting bond, and specific performance as may be appropriate to preserve all of the Licensor’s rights. All rights and remedies afforded by the Licensor by law shall be cumulative and not exclusive.
You acknowledge that the Software is subject to U.S. export restrictions, as well as the laws of the country where it is delivered or used. You agree to comply with all applicable laws and regulations that apply to the Software, including without limitation the U.S. Export Administration Regulations. Under these laws, the Software may not be sold, leased or transferred to embargoed countries, other restricted countries, restricted end-users, or for restricted end-uses. You specifically agree that the Software will not be used for activities related to weapons of mass destruction, including but not limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. You may not export or re-export the Software without (i) the prior written consent of the Licensor; and (ii) complying with applicable export control laws and obtaining any necessary permits and licenses.
You may not assign or transfer its interests, rights or obligations under this EULA, in whole or in part, whether voluntarily, by contract, or by merger (whether that party is the surviving or disappearing entity), stock or asset sale, consolidation, dissolution, through government action or order, or otherwise. Any attempt to assign this EULA without prior written consent from an authorized executive officer of the Licensor shall be null and void.
This EULA shall be effective upon your agreement to the terms of this EULA and SHALL TERMINATE UPON THE EARLIER OF: (i) YOUR FAILURE TO COMPLY WITH ANY TERM OF THIS EULA; OR (ii) TWELVE (12) MONTHS THEREAFTER (“License Term”). Licensee may be granted with a twelve (12) months renewal period at the end of every one-year license term upon request to the Licensor.
The Licensor’s rights and your obligations shall survive the termination of this EULA. Upon termination of this EULA by the Licensor, all licenses granted hereunder shall automatically terminate and you must immediately cease use of the Software The Licensor’s rights and your obligations shall survive the termination of this EULA. Upon termination of this EULA by the Licensor, all licenses granted hereunder shall automatically terminate and you must immediately cease use of the Software and all its components. You shall certify in writing to the Licensor that all copies of the Software, or any portion thereof, have either been returned to the Licensor or otherwise destroyed or deleted from any of your computer libraries or storage devices. The Licensor will not have any obligation upon the termination of this EULA to refund any portion of any license fee.
No waiver of breach or failure to exercise any option, right, or privilege under the terms of this EULA on any occasion by the Licensor shall be construed to be a waiver of a subsequent breach or right to exercise any option, right, or privilege.
This EULA is governed by the laws of Taiwan, the Republic of China, excluding any conflicts of laws principles. Any dispute, controversy, difference or claim arising out of, relating to, or in connection with this EULA, or the breach, termination or invalidity thereof, shall be exclusively and finally settled by arbitration referred to the Chinese Arbitration Association, Taipei in accordance with the Chinese Arbitration Association’s arbitration rules. The seat of arbitration shall be Taipei, Taiwan. The language of arbitration shall be English or, if both parties so agree, Mandarin Chinese. The arbitral award shall be final and binding upon you and the Licensor. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA shall remain in full force and effect. The headings in this EULA are inserted for convenience only and do not affect its interpretation. This EULA constitutes the final, complete and exclusive agreement between the parties with respect to your use of the Software and supersedes any prior or contemporaneous representations or agreements, whether written or oral. Any company names, logos, and product names displayed in the Software are subject to United States’ and international copyright, trademark and intellectual property laws and you may not use, reproduce or distribute any such company names, logos or product names without the express written consent of their respective owners.
Should you have any questions concerning this EULA, or if you desire to contact the Licensor for any reason, please contact contact@cannerdata.com.
IF YOU HAVE NOT READ THIS EULA, OR YOU DO NOT AGREE TO BE LEGALLY BOUND BY ITS TERMS OR ARE NOT SO AUTHORIZED, YOU MUST NOT ACCEPT THIS EULA AND CEASE USING THE SOFTWARE.