End-user Licence Agreement (EULA) of Evo.NET

This End-user Licence Agreement ("EULA") is a legal agreement between you and Venmore Software (Pty) Ltd.

This EULA agreement governs your acquisition and use of our Evo.NET software ("Software") directly from Venmore Software (Pty) Ltd or indirectly through a Venmore Software (Pty) Ltd authorised reseller, supplier or distributor (a "Reseller").

Please read this EULA agreement carefully before completing the installation process and using the Evo.NET software. It provides a licence to use the Evo.NET software and contains warranty information and liability disclaimers.

If you register for a free trial of the Software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Evo.NET software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

If you are entering into this EULA agreement 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 EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

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

Licence Grant

Venmore Software (Pty) Ltd hereby grants you a personal, non-transferable, non-exclusive licence to use the Software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the Evo.NET software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software.

You are not permitted to:

• Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor 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
• Allow any third party to use the Software on behalf of or for the benefit of any third party
• Use the Software in any way which breaches any applicable local, national or international law
• Use the Software for any purpose that Venmore Software (Pty) Ltd considers is a breach of this EULA agreement

Consent to Use of Data

You agree that Venmore Software (Pty) Ltd may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Venmore Software (Pty) Ltd may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

Intellectual Property and Ownership

Venmore Software (Pty) Ltd shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. 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 Venmore Software (Pty) Ltd.

Venmore Software (Pty) Ltd reserves the right to grant licences to use the Software to third parties.

Limited Warranty for Software

Venmore Software (Pty) Ltd warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.

If an implied warranty or condition is created by your state/jurisdiction and state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.

Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

Disclaimer of Warranties

The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Venmore Software (Pty) Ltd and its suppliers provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.

Exclusion of Incidental, Consequential and Certain Other Damages

To the maximum extent permitted by applicable law, in no event shall Venmore Software (Pty) Ltd or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software, the provision of or failure to provide support or other services, information, software, and related content through the software or otherwise arising out of the use of the software, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Venmore Software (Pty) Ltd or any Reseller, and even if Venmore Software (Pty) Ltd or any Reseller has been advised of the possibility of such damages.

Limitation of Liability and Remedies

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Venmore Software (Pty) Ltd and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder (except for any remedy of repair or replacement elected by Venmore Software (Pty) Ltd with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Termination

This EULA agreement 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 Venmore Software (Pty) Ltd.

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

Governing Law

This EULA agreement and any dispute arising out of or in connection with this EULA agreement shall be governed by and construed in accordance with the laws of South Africa. If you acquired this Software in any other country, then local law may apply.

Authorisation Warranty

The person accepting this Agreement on behalf of the Licensee warrants that he/she has the authority to do so.