This End User License Agreement ("Agreement") is a legal agreement between you ("User," "You," or "Your") and Wombat Strategies LLC ("Company," "We," "Us," or "Our") governing Your use of the CoreBooks software application, including any updates, patches, documentation, and related files (collectively, the "Software").
By installing, copying, or otherwise using the Software, You acknowledge that You have read, understood, and agree to be bound by the terms of this Agreement. If You do not agree to these terms, do not install or use the Software.
Subject to the terms of this Agreement, the Company grants You a limited, non-exclusive, non-transferable, revocable license to install and use the Software on devices You own or control, solely for Your personal or internal business purposes. This license does not constitute a sale of the Software or any copy thereof.
You shall not:
The Software is licensed, not sold. The Company retains all right, title, and interest in and to the Software, including all intellectual property rights therein. This Agreement does not grant You any rights to trademarks, service marks, or trade names of the Company.
The Software is designed to operate primarily in an offline environment. The Company does not guarantee compatibility with any online services, cloud platforms, or third-party integrations. Data created, stored, or managed using the Software resides solely on Your local device(s), and You are solely responsible for maintaining backups and ensuring the security of Your data.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
The Company does not warrant that:
You acknowledge that the Software is not intended to serve as a substitute for professional accounting, tax, financial, or legal advice. Any reliance on the Software's output is at Your sole discretion and risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WOMBAT STRATEGIES LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY OF THE FOLLOWING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY:
IN ANY EVENT, THE COMPANY'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY U.S. DOLLARS ($50.00), WHICHEVER IS LESS.
You agree to indemnify, defend, and hold harmless Wombat Strategies LLC and its officers, directors, members, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Your use or misuse of the Software, Your violation of this Agreement, or Your violation of any applicable law or third-party rights.
You acknowledge and agree that You are solely responsible for all data entered into, stored by, or generated by the Software. The Company has no obligation to recover, restore, or reconstruct any data lost due to any cause whatsoever, including Software malfunction. You are strongly encouraged to maintain regular, independent backups of all data.
This Agreement is effective until terminated. The Company may terminate this Agreement at any time if You fail to comply with any term herein. Upon termination, You must immediately cease all use of the Software and destroy all copies in Your possession or control. Sections 3, 5, 6, 7, 8, 11, and 12 shall survive any termination of this Agreement.
The Company may, at its sole discretion, release updates, patches, or new versions of the Software. The Company is under no obligation to provide updates or continued support. This Agreement applies to all updates unless a separate agreement accompanies such update. The Company reserves the right to modify this Agreement at any time, and continued use of the Software following any such modification constitutes acceptance of the revised terms.
This Agreement shall be governed by and construed in accordance with the laws of the State in which Wombat Strategies LLC is organized, without regard to its conflict of law principles. Any dispute arising under or in connection with this Agreement shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall take place in a location determined by the Company, and the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
Wombat Strategies LLC
Email: [email protected]
By installing or using CoreBooks, You confirm that You have read this Agreement, understand it, and agree to be bound by its terms and conditions.