End User License Agreement

This End User License Agreement ("Agreement" or "EULA") is a legal agreement between you, whether personally or on behalf of an organization ("you" or "End User"), and Melkom Systems ("Melkom Systems," "we," "us," or "our").

This Agreement applies to any downloadable, installable, or locally executed software, desktop applications, utilities, tools, scripts, plugins, updates, documentation, and related components provided by Melkom Systems that link to or are distributed with this Agreement (collectively, the "Software").

By downloading, installing, accessing, or using the Software, you agree to be bound by this Agreement. If you do not agree, do not download, install, access, or use the Software.

If you are using the Software on behalf of a company, organization, or other legal entity, you represent that you have authority to accept this Agreement on behalf of that entity.

1. Relationship to Other Agreements

This Agreement applies mainly to downloadable or installable Software provided by Melkom Systems.

Melkom Systems may also provide custom software development, web-based applications, hosted systems, consulting, automation, maintenance, support, and related technology services. Those services may be governed by separate terms, proposals, statements of work, invoices, service agreements, or other written agreements.

If there is a conflict between this Agreement and a signed written agreement between you and Melkom Systems, the signed written agreement will control to the extent of the conflict.

2. License Grant

Subject to your compliance with this Agreement and payment of any applicable fees, Melkom Systems grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software for your own internal business or personal use.

The license is limited to the number of users, devices, locations, license keys, accounts, subscription terms, or usage limits stated in the applicable order, invoice, proposal, subscription plan, or written agreement.

The Software is licensed, not sold. Melkom Systems reserves all rights not expressly granted to you in this Agreement.

3. Ownership and Intellectual Property

Melkom Systems and its licensors retain all right, title, and interest in and to the Software, including all source code, object code, designs, interfaces, workflows, algorithms, documentation, trademarks, trade names, copyrights, and other intellectual property rights.

You do not acquire ownership of the Software by downloading, installing, using, or paying for it.

Except as expressly allowed by this Agreement or a separate written agreement, you may not claim ownership of, copy, sell, license, distribute, or otherwise exploit the Software or any part of it.

You retain ownership of your own business data, files, records, and content that you lawfully provide or enter into the Software, subject to Melkom Systems' rights to process that data as needed to provide, support, secure, and improve the Software and related services.

4. License Restrictions

You agree not to:

• Copy, reproduce, distribute, sell, rent, lease, sublicense, lend, host, or otherwise make the Software available to any third party except as expressly permitted in writing by Melkom Systems.
• Reverse engineer, decompile, disassemble, translate, modify, adapt, or attempt to derive the source code, structure, algorithms, or underlying ideas of the Software, except to the extent such restriction is prohibited by applicable law.
• Create derivative works based on the Software without written permission from Melkom Systems.
• Remove, obscure, or alter any copyright, trademark, license, or proprietary notices included in the Software.
• Bypass, disable, or interfere with license keys, activation systems, access controls, authentication, security features, usage limits, or technical protection measures.
• Use the Software to develop, train, or improve a competing product or service without written permission from Melkom Systems.
• Use the Software in any unlawful, harmful, fraudulent, abusive, or unauthorized manner.
• Use the Software to upload, transmit, store, or process malware, viruses, harmful code, illegal content, or content that infringes the rights of others.
• Use the Software in a way that could damage, disable, overburden, impair, or interfere with any systems, networks, servers, or services.

5. User Accounts, License Keys, and Access Credentials

The Software may require user accounts, license keys, activation, authentication, or other access credentials.

You are responsible for maintaining the confidentiality of your accounts, license keys, passwords, and access credentials. You are responsible for all activity that occurs under your accounts or credentials.

You must promptly notify Melkom Systems if you suspect unauthorized access, misuse, compromise, or disclosure of any account, license key, password, or credential.

6. Updates and Changes

Melkom Systems may, but is not obligated to, provide updates, patches, bug fixes, new versions, or modifications to the Software.

Updates may change, add, or remove features, functionality, compatibility, or technical requirements.

Any updates provided by Melkom Systems are subject to this Agreement unless a separate license or written agreement applies.

You are responsible for ensuring that your devices, operating systems, networks, and third-party software remain compatible with the Software.

7. Support and Maintenance

Melkom Systems provides support, maintenance, training, hosting, monitoring, backups, or service-level commitments only if they are included in a separate written agreement, proposal, support plan, subscription, or invoice.

Unless separately agreed in writing, Melkom Systems does not guarantee response times, uptime, bug-fix timelines, compatibility updates, or continued availability of any specific feature.

8. Client Data and Business Records

The Software may be used to manage business operations, including jobs, projects, customers, employees, expenses, files, photos, notes, schedules, invoices, receipts, or other business records.

You are responsible for the accuracy, legality, completeness, and use of all data entered into or processed through the Software.

You are responsible for obtaining any required permissions, notices, consents, or authorizations before entering or processing information about employees, customers, vendors, contractors, job sites, or other individuals or organizations.

Unless Melkom Systems expressly agrees in writing to provide backup or data recovery services, you are responsible for maintaining appropriate backups of your data, especially for locally installed Software.

9. Privacy and Technical Data

Melkom Systems may collect and use technical, diagnostic, usage, device, activation, license, error, crash, and support-related information to operate, secure, troubleshoot, update, and improve the Software and related services.

Personal information is handled according to the Melkom Systems Privacy Policy, available at melkomsystems.com/privacy.html, or any updated privacy policy location posted by Melkom Systems.

10. Third-Party Services and Components

The Software may rely on, connect to, or include third-party services, libraries, platforms, APIs, hosting providers, payment processors, open-source components, or other third-party technology.

Third-party services and components may be subject to separate terms, licenses, privacy policies, fees, availability, and restrictions. You are responsible for complying with any applicable third-party terms.

Melkom Systems is not responsible for third-party services or components that it does not control, including changes, outages, data loss, pricing changes, discontinued services, or security issues caused by third parties.

11. Trial, Beta, and Evaluation Software

Melkom Systems may provide trial, beta, demo, testing, or evaluation versions of the Software.

Trial, beta, demo, testing, or evaluation Software may be limited, unstable, incomplete, time-restricted, feature-restricted, or subject to additional conditions.

Unless otherwise stated in writing, trial, beta, demo, testing, or evaluation Software is provided for testing and evaluation only and should not be used for critical production purposes.

12. Fees, Subscriptions, and Payment

Some Software may require payment, subscription fees, license fees, renewal fees, support fees, hosting fees, or other charges.

Payment terms, renewal terms, cancellation terms, and refund terms may be stated in the applicable order, invoice, subscription plan, proposal, written agreement, or Melkom Systems Refund Policy.

Failure to pay applicable fees may result in suspension, limitation, expiration, or termination of your license, account, access, support, hosting, or related services.

13. Not Designed for High-Risk or Regulated Use

Unless Melkom Systems expressly agrees in writing, the Software is not designed, certified, or authorized for use in high-risk, safety-critical, emergency, medical, life-support, life-sustaining, aviation, nuclear, critical infrastructure, financial trading, or other environments where failure could lead to death, personal injury, severe property damage, or major financial loss.

Unless Melkom Systems expressly agrees in writing, the Software is not designed for storing or processing highly regulated data, such as protected health information under HIPAA, financial institution data under GLBA, or other specially regulated data.

You are responsible for determining whether the Software is appropriate for your intended use and legal obligations.

14. Disclaimer of Warranties

To the fullest extent permitted by law, the Software is provided on an "as is" and "as available" basis, with all faults and without warranties of any kind, whether express, implied, statutory, or otherwise.

Melkom Systems disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, compatibility, uninterrupted operation, error-free operation, and freedom from harmful components.

Melkom Systems does not guarantee that the Software will meet your requirements, achieve any particular result, be compatible with all systems, operate without interruption, prevent all errors, prevent all data loss, or remain available indefinitely.

15. Limitation of Liability

To the fullest extent permitted by law, Melkom Systems and its owners, employees, contractors, agents, suppliers, and licensors will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, business interruption, loss of goodwill, loss of data, loss of use, replacement costs, or other intangible losses, even if advised of the possibility of such damages.

To the fullest extent permitted by law, Melkom Systems' total liability arising out of or related to the Software or this Agreement will not exceed the amount you paid to Melkom Systems for the Software during the three (3) months before the event giving rise to the claim. If you paid nothing for the Software, Melkom Systems' total liability will not exceed one hundred dollars ($100).

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you. In those cases, Melkom Systems' liability will be limited to the maximum extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Melkom Systems and its owners, employees, contractors, agents, suppliers, and licensors from and against any claims, damages, losses, liabilities, 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;
• Your violation of applicable law;
• Your data, files, content, business records, or user submissions;
• Your violation of any rights of another person or organization; or
• Your failure to obtain required permissions, consents, or authorizations for data entered into or processed through the Software.

17. Termination

This Agreement remains effective until terminated.

You may terminate this Agreement by uninstalling and ceasing all use of the Software and destroying any copies in your possession or control.

Melkom Systems may terminate or suspend your license, access, account, support, or related services if you violate this Agreement, fail to pay applicable fees, misuse the Software, or if continued access creates legal, security, operational, or business risk.

Upon termination, you must stop using the Software and delete or destroy all copies, unless otherwise allowed by a separate written agreement.

Sections that by their nature should survive termination will survive, including ownership, restrictions, privacy, payment obligations, disclaimers, limitation of liability, indemnification, governing law, and miscellaneous provisions.

18. Export Control and Legal Compliance

You must comply with all applicable laws and regulations when using the Software, including export control, sanctions, privacy, employment, intellectual property, consumer protection, and data protection laws.

You represent that you are not located in a country or region subject to applicable U.S. trade sanctions or embargoes and are not listed on any applicable prohibited or restricted party list.

19. U.S. Government Users

The Software is commercial computer software. If the Software is acquired by or on behalf of the U.S. Government, it is provided with only those rights customarily provided to the public under this Agreement, unless a separate written agreement states otherwise.

20. Governing Law

This Agreement is governed by the laws of the State of California, United States, without regard to conflict-of-law principles.

Unless a separate written agreement provides otherwise, any dispute arising out of or related to this Agreement or the Software will be handled in a court of competent jurisdiction in California.

21. Changes to This Agreement

Melkom Systems may update this Agreement from time to time. When we update it, we will revise the "Last updated" date at the top of this page.

The updated Agreement will apply to future downloads, installations, updates, access, or use of the Software. If you do not agree to an updated Agreement, you must stop using the Software.

22. Miscellaneous

If any provision of this Agreement is found invalid, illegal, or unenforceable, the remaining provisions will remain in effect.

Melkom Systems' failure to enforce any provision of this Agreement does not waive its right to enforce that provision later.

You may not assign or transfer this Agreement or your license without written permission from Melkom Systems. Melkom Systems may assign this Agreement in connection with a merger, acquisition, reorganization, sale of assets, or similar transaction.

This Agreement, together with any applicable order, invoice, written agreement, privacy policy, refund policy, or service terms, forms the agreement between you and Melkom Systems regarding the Software.

23. Contact Information

If you have questions about this Agreement or the Software, please contact us: