This Software License and Service Agreement (“Agreement”) is entered into by and between:
This Agreement governs the licensing, use, and provision of Company Akafay’s software and related services. By using the software or services, the Customer and Merchant agree to the terms and conditions outlined below.
1.1 Software: The proprietary software provided by Akafay, including updates, enhancements, and associated documentation.
1.2 Services: The support, maintenance, and additional offerings provided by Akafay in connection with the Software.
1.3 Customer: The end-user of the Software and Services.
1.4 Merchant: A business entity that collaborates with the Company to facilitate transactions or services through the Software.
2.1 Scope: Akafay grants the Customer and Merchant a non-exclusive, non-transferable, and revocable license to use the Software in accordance with this Agreement.
2.2 Restrictions: The Software shall not be copied, modified, distributed, or used for any purpose other than as explicitly authorized under this Agreement.
2.3 Ownership: The Software and all associated intellectual property rights remain the sole property of Akafay.
3.1 Support and Maintenance:
3.2 Service Availability:
3.3 Modifications:
4.1 Customer:
4.2 Merchant:
4.3 Both Parties:
5.1 Fees: The Customer and Merchant agree to pay the fees specified in the applicable pricing schedule or service order.
6.1 Definition: Confidential information includes, but is not limited to, the Software, documentation, business strategies, and any non-public information shared during the term of this Agreement.
6.2 Obligations:
7.1 Term: This Agreement shall remain in effect until terminated by either party.
7.2 Termination:
7.3 Effect of Termination:
8.1 Akafay shall not be liable for indirect, incidental, or consequential damages arising from the use of the Software or Services.
8.2 Total liability under this Agreement shall not exceed the fees paid by the Customer and Merchant in the 12 months preceding the claim.
This Agreement shall be governed by and construed in accordance with the laws of the FDRE, without regard to its conflict of law principles.
10.1 Entire Agreement: This Agreement constitutes the entire understanding between the parties regarding the subject matter.
10.2 Amendments: Changes to this Agreement must be made in writing and signed by authorized representatives of all parties.
10.3 Severability: If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.