Vesta Suite 2019-2021 Kendra Alvares

End-User License Agreement of Vesta

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or entity, hereinafter referred to as "you" or "your") and In Populus Technology ("IP Technology, "We", "Our" or "Us") and pertains to the Vesta Software, its components, features, enhancements, updates and modifications (collectively the "Software" or "Suite") and any related services ("Services") provided by IP Technology under this agreement.

By purchasing, downloading, accessing, installing, facilitating the installation or using the Software or Services (or allowing or authorizing any other person to do so) you are warranting that you have the authority provided by your state, county or jurisdiction to enter into a legally binding contract and that you have read and agreed to be bound by the terms of this agreement. You understand and acknowledge that this agreement comprises the entire agreement between you and IP Technology. This agreement supersedes any prior agreements, promises, representations and descriptions. If you do not agree with the terms and conditions set forth hereinafter, you may not purchase, download, access, install or use the Software or Services.

If you are entering into this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this agreement, do not install or use the Software, and you must not accept this agreement.

This agreement shall apply only to the Software supplied by IP Technology herewith regardless of whether other software is referred to or described herein. The terms also apply to any IP Technology updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

License Grant

IP Technology hereby grants you a personal, revocable, non-transferrable, non-exclusive license to install and use the Software and Services. You are responsible for ensuring your server meets the minimum requirements of the Vesta software.

Restrictions

Your license to use the Software is subject to the following terms, conditions and restrictions on use:

* You may alter and modify the Software's source code for Your use, subject to this Agreement, however, you may not distribute, publish, resell, or otherwise share the Software or any modifications thereof without prior express written consent from IP Technology

* You may not permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble, or reverse engineer the Software or attempt to do any such things

* Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose

* Use the Software in any way which breaches any applicable local, national or international law

* Use the Software for any purpose that IP Technology considers a breach of this agreement

Intellectual Property and Ownership

IP Technology shall at all times retain ownership of the Software which is being licensed, not sold, to you by IP Technology under the terms and conditions of this agreement. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of IP Technology. IP Technology reserves any rights not expressly granted herein.

Termination

This EULA is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to IP Technology.

It will also terminate immediately if you fail to comply with any term of this agreement. Upon such termination, the licenses granted by this agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this agreement.

Modification

We reserve the right to amend or modify the terms of this Agreement at any time, and to change, discontinue or impose conditions on any aspect of the Software or related Service and to provide notification solely by posting an updated version of the Agreement on the inpopul.us website. You acknowledge that you are solely responsible for regularly reviewing this Agreement and our policies. Continued use of the Software after modification to the Agreement constitutes your binding consent to such changes.

Indemnification

You agree to fully indemnify and hold us, our successors, officers, directors, shareholders, partners, employees, agents, and contracts harmless from and against any claim, suit, hearing, action, expense or demand, including without limitation to: all claims for damages, fees or costs (including attorneys' fees), arising out of or related to the use of the Software and/or any related Services by you, your agents or representatives, anyone under your control, or by any third party using your equipment or your accounts to use the Software or Services (for purposes of this section, collectively, "you"); the violation by you of any provision of this Agreement; the violation by you of any laws or regulations; or the infringement or misappropriation by you of any copyright, trademark or any intellectual property right, proprietary right, property right or any other right of ours or any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses and, as set forth above, be fully responsible for our attorneys' fees.

Governing Law

This agreement, and any dispute arising out of or in connection with this EULA, shall be governed by and construed in accordance with the laws of the State of Kansas, United States of America. You hereby consent to exclusive jurisdiction and venue in the County of Wyandotte and State of Kansas. By agreeing to the terms of this Agreement, you are waiving any claims that you might otherwise have against IP Technology based on the laws of other jurisdictions.

Human-Readable Version

  • Vesta is mine. You do not own it, you are licensed to use it.
  • You can make mods that are exclusively used on your own site but may not distribute, publish, or give them to anyone else.
  • You may not create derivative works based on the Vesta software, nor attempt to reverse-engineer any part of it.
  • Don't copy the software or resell it.
  • Don't do anything illegal with it.
  • If I decide you're using it in a way that I feel is wrongful I have a right to say that and consider it a breach of EULA
  • By installing and using it you're agreeing to these terms.
  • This agreement is effective from the date of first usage of Vesta, and will continue until terminated. You can do that yourself, or it may be automatically terminated if the EULA is violated at any time.
  • I can change these terms whenever I want and I don't have to tell you that I did it. It's your job to check back occasionally and make sure you're still happy with the terms of use.
  • Basically if anything bad happens because of or during your usage of Vesta, it's not my fault and you cannot take legal action against me for it.
  • This software is governed by the County of Wyandotte, State of Kansas, United States of America. Any claims you have in any other jurisdiction are agreed to be waived. Basically if it's not valid in Wyandotte County, Kansas, USA, it's not valid at all.