Software Agreement

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE CHECK IN THE CHECK BOX INDICATING THAT YOU HAVE READ THIS AGREEMENT AND ACCEPT IT’S TERMS.

License Grant

“You” means the person or company who is being licensed to use MYeMetrics. “We,” “us” and “our” means MYeMetrics or Emet Marketing.

We hereby grant you a nonexclusive license to use MYeMetrics for all of your personal websites.

Title

We remain the sole owner of all right, title and interest in the MYeMetrics Software and related explanatory written materials (“Documentation”).

Things You May Not Do

  • The Software and Documentation are protected by international copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a book. You may not:
  • Copy the Documentation,
  • Copy the Software,
  • Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
  • Sublicense, rent, lease or lend any portion of the Software or Documentation.
  • Share login details for the software to others.
  • Allow client access to the software.
  • Allow multiple people to use your account.

Term and Termination

This license agreement takes effect upon your use of the software and remains effective until your account is terminated. You may terminate it at any time by deleting all code from your website and cancelling your account.  It will also automatically terminate if you fail to comply with any term or condition of this license agreement.

Confidentiality

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

Disputes

This license agreement shall be governed by, construed and enforced in accordance with the laws of the , as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate MYeMetrics and/or its affiliates’ intellectual property rights, MYeMetrics and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of , and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Napier, New Zealand. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Napier, New Zealand, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

General Provisions

  • This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
  • This license agreement may be modified by us at any time without notification.
  • In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
  • You agree that the Software will not be provided, shared, shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.