Marketplace Software End User License Agreement (EULA)

Owned by Stephanie Pepper (e-manage|ONE)
Last updated: Oct 19, 2023
3 min read

This End User License Agreement ("Agreement") is a legally binding agreement between you ("User") and Marketplace Software ("Company") for the use of the software applications provided by Marketplace Software ("App"). Please read this Agreement carefully. By installing, accessing, or using the App, you agree to be bound by the terms and conditions of this Agreement.

  1. GENERAL TERMS

a. App Availability: Marketplace Software may, at its sole discretion and without notice, restrict, suspend, or terminate access to the App or any part of it without entitling User to any refund, credit, or compensation.

b. Updates: The most recent version of this Agreement will be effective between User and Marketplace Software from the date User first accesses, downloads, installs, or uses the App. It is User's responsibility to review and comply with any updated version of this Agreement posted on the Company's website or through the App.

  1. LICENSE AND INTELLECTUAL PROPERTY

a. License Grant: The App, including any embedded software, is licensed, not sold, to User by Marketplace Software. User is granted a non-transferable, non-exclusive license to use the App in conjunction with QuickBooks for their internal business purposes.

b. Ownership: Marketplace Software and its licensors retain all ownership rights, title, and interest in and to the App and any related intellectual property.

c. Use Restrictions: User may not distribute, sell, sublicense, modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the App or any part thereof. User may not use the App to submit or link to any content that violates applicable laws, infringes intellectual property rights, or is offensive or objectionable.

  1. THIRD-PARTY COMPONENTS & DISCLOSURES

The App may include certain third-party components, and their corresponding license terms are provided by Marketplace Software. User agrees to comply with all applicable third-party license terms.

  1. SUPPORT & LIABILITY

a. Support: Marketplace Software is solely responsible for providing support and maintenance for the App. Support requests and inquiries should be directed to Marketplace Software's Customer Support.

b. Liability: Marketplace Software will not be liable for any claims, losses, liabilities, damages, costs, or expenses arising from the use or inability to use the App, including any integration with QuickBooks. User agrees that QuickBooks and its subsidiaries are third-party beneficiaries of this Agreement.

  1. PRIVACY

User's use of the App is subject to Marketplace Software's Privacy Policy. By using the App, User agrees to the collection and use of information as described in the Privacy Policy.

  1. DISCLAIMER OF WARRANTY

The App is provided "as is" without warranty of any kind. Marketplace Software and its third-party providers do not warrant that the App will be error-free, uninterrupted, or meet User's requirements. The App's use is at User's sole risk. 

  1. LIMITATION OF LIABILITY

To the extent permitted by law, Marketplace Software, its agents, licensors, or suppliers will not be liable to User for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use of the App or integration with QuickBooks.

  1. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by the laws of Hawaii, without regard to its conflict of laws principles. Any claim or dispute arising under this Agreement or related to the use of the App shall be exclusively brought before the courts of Honolulu, Hawaii.

  1. TERMINATION

Marketplace Software reserves the right to terminate this Agreement or User's access to the App at any time for any reason without liability. Upon termination, User shall cease using the App and delete or destroy all copies of the App in their possession.

  1. MISCELLANEOUS

a. Entire Agreement: This Agreement constitutes the entire agreement between User and Marketplace Software regarding the App and its integration with QuickBooks.

b. Severability: If any provision of this Agreement is held to be unenforceable, the remaining provisions shall remain in full force and effect.

By installing, accessing, or using the App, User acknowledges that they have read and understood this Agreement and agree to be bound by its terms.