Effective Date: October 01, 2023

Grant of License

DataViRe Inc ("Licensor") grants the Licensee a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the DataViRe software ("Software") strictly in accordance with this Agreement and the Licensee’s purchased subscription plan.

Permitted Use

• The Software may be used solely for the Licensee’s internal business operations.
• Use is restricted to the specific license tier, seat count, usage volume, deployment model, and other limits defined in the subscribed plan.
• The Licensee shall not:
  • reproduce, modify, or distribute the Software;
  • reverse engineer, decompile, or disassemble the Software;
  • create derivative works based on the Software;
  • use the Software for competitive analysis, benchmarking disclosure, or to build a competing product;
  • circumvent any usage, account, API, or seat limitations.

Ownership and Intellectual Property

• The Software, including all code, UI/UX design, algorithms, data structures, trademarks, documentation, and derivative intellectual property, is and remains the exclusive property of DataViRe Inc.
• No ownership interest or intellectual property rights are transferred under this Agreement.
• The Licensee shall not remove, alter, or obscure proprietary notices, license terms, or trademarks within the Software.

Payment and Fees

• License fees are due according to the Licensee’s subscription plan.
• Fees are non-refundable unless required by applicable law or unless explicitly stated otherwise.
• Non-payment or delayed payment may result in temporary suspension, usage throttling, or termination of the License.
• Licensor may revise pricing for renewals upon notice.

Support and Maintenance

• Licensor may provide support, updates, fixes, and feature enhancements as defined in the Licensee’s subscription plan.
• Premium or custom support services may carry additional fees.
• Licensor may modify or discontinue specific features, provided such changes do not materially degrade the core functionality.

Data Privacy

• The handling of personal and business data within the Software is governed by the DataViRe Privacy Policy, incorporated by reference into this Agreement.
• Licensee is responsible for ensuring its own compliance with applicable data protection laws when using the Software.

Term and Termination

• This Agreement becomes effective upon subscription activation and remains in force until terminated.
• Either party may terminate this Agreement in the event of a material breach not cured within the stated cure period.
• Licensor may terminate immediately in cases of:
  • non-payment,
  • misuse of the Software,
  • violation of intellectual property terms.
• Upon termination, the Licensee must cease all use of the Software and destroy all copies of any materials.

Disclaimer of Warranty

The Software is provided “as is” without warranty of any kind. Licensor disclaims all express, implied, and statutory warranties, including but not limited to merchantability, fitness for a particular purpose, accuracy, and non-infringement.

• The Marks must appear exactly as provided by the Company.
• You may not modify, distort, recolor, rotate, or manipulate the Marks.
• Do not combine Company Marks with any other trademarks, logos, or graphical elements.

Limitation of Liability

To the maximum extent permitted by law:

• Licensor shall not be liable for indirect, incidental, consequential, punitive, or special damages;
• Licensor’s aggregate liability shall not exceed the total amount paid by the Licensee in the twelve (12) months preceding the claim.

Updates to Agreement

Licensor may update this Agreement from time to time. Continued use of the Software after changes become effective constitutes acceptance of the updated terms.

Entire Agreement

This Agreement, together with the Privacy Policy and the Licensee’s subscription plan, constitutes the full and exclusive agreement governing the Software’s use and supersedes all prior agreements.

Contact Information

For questions or concerns regarding this Agreement, contact: Email: info@datavire.com

By accessing or using the Software, the Licensee acknowledges that they have read, understood, and agreed to all terms of this Agreement.