End User License Agreement

End-User License Agreement (“Agreement”)

Last updated: 05/11/2024

Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using applications from ERP Connect Consulting (“Application”).

By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.

License

ERP Connect Consulting grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

Restrictions

You agree not to, and you will not permit others to:

1. a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.

Indemnification

Client will indemnify, defend and hold harmless ERP Connect Consulting LLC from and against any and all claims, demands, damages, and expenses (including reasonable attorneys' fees and costs of litigation) by any third party resulting from any acts or omissions of the Client relating to its activities in connection with this Agreement, Client's breach of this agreement, or Client's misrepresentations relating to ERP Connect Consulting LLC, the Products of this Agreement, regardless of the form of action. The Client will be solely responsible for any claims or representations made by its employees, representatives or agents which differ from what is provided by ERP Connect Consulting LLC in the applicable End User License Agreement. Additionally, the client is liable for any liabilities, claims, damages, and costs arises from (a) the Client's negligence or willful misconduct in the performance of work; (b) the Client's breach of its obligations under the Agreement; (c) the Client's failure to comply with any and all applicable federal, state, regional, and local laws, ordinances, statutes, rules, and regulations; or (d) any defect or deficiency in the Services or Deliverables under this Agreement attributable to the Client.

Limitation of Liability

Under no circumstances shall ERP Connect Consulting LLC be liable to the User or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the EULA, the use or inability to use the Software, or any data provided through the Software, even if ERP Connect Consulting LLC has been advised of the possibility of such damages. In no event shall ERP Connect Consulting LLC's total liability to the User for all damages, losses, and causes of action exceed the amount paid by the User for the Software. This limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this EULA or the User’s use of the Software or the Services provided.

Hold Harmless

The User agrees to hold harmless ERP Connect Consulting LLC and its affiliates, officers, agents, employees, and licensors from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on the User’s use or misuse of the Software. This hold harmless agreement will apply regardless of whether the claim arises in tort, negligence, contract, warranty, or any other legal theory or form of action.

Modifications to Application

ERP Connect Consulting reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Term and Termination

This Agreement shall remain in effect until terminated by you or ERP Connect Consulting.

ERP Connect Consulting may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from ERP Connect Consulting, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement

ERP Connect Consulting reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Information

If you have any questions about this Agreement, please contact us at info@erpconnectconsulting.com