END USER LICENSE AGREEMENT
Last updated July 01, 2022
Donative by ManagedOrg is licensed to You (End-User) by ManagedOrg Inc, located and registered at 267 09 Hillside Ave, Glenoaks, New York 11004, United States (“Licensor“), for use only under the terms of this License Agreement.
By downloading the Licensed Application from , and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. referred to in this License Agreement as “Services.”
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. ManagedOrg Inc, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest (“Usage Rules“). ManagedOrg Inc acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Donative by ManagedOrg when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Donative by ManagedOrg is to be used on devices that operate with .
TABLE OF CONTENTS
Donative by ManagedOrg (“Licensed Application“) is a piece of software created to Product donations made easy. Make product donations live on your website with seamless integration with amazon business account. — and customized for mobile devices (“Devices“). It is used to Donative’s pioneering technology solution aims to simplify the product donation process for organizations by leveraging a seamless
integration with Ecommerce business accounts. With a quick plug-in to Organizations’ websites, it enables them to create a wishlist of products from Ecommerce Websites and make it available in your website. .
The Licensed Application is not tailored to comply with industry-specific regulations(Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act(GLBA).
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3 ou may not share or make the Licensed Application available to third parties(unless to the degree allowed by the Usage Rules, and with ManagedOrg Inc’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile,remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with ManagedOrg Inc’s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and theUsage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicablethird-party terms and conditions.
3.1 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3..2You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Overview for this Licensed Application.
4.2 ManagedOrg Inc and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.07/12/2022, 20:58 Termly https://app.termly.io/dashboard/website/3ab96f1d-13ee-4eaa-a442-dd6beb95d989/eula 3/6
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose withoutcompensation to you.
We do not assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the LicensedApplication and you expressly agree to exonerate us from any and all responsibilityand to refrain from any legal action against us regarding your Contributions.
8.1 Licensor’s responsibility in the case of violation of obligations and tort shall belimited to intent and gross negligence. Only in case of a breach of essentialcontractual duties (cardinal obligations), Licensor shall also be liable in case of slightnegligence. In any case, liability shall be limited to the foreseeable, contractuallytypical damages. The limitation mentioned above does not apply to injuries to life,limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due toa breach of duties according to Section 2 of this License Agreement. To avoid dataloss, You are required to make use of backup functions of the Licensed Application tothe extent allowed by applicable third-party terms and conditions of use. You areaware that in case of alterations or manipulations of the Licensed Application, Youwill not have access to the Licensed Application.
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses,viruses, or any other malware at the time of Your download. Licensor warrants thatthe Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable onthe device, that has been unauthorizedly modified, handled inappropriately orculpably, combined or installed with inappropriate hardware or software, used within appropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of ManagedOrg Inc’s sphere of influence that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it and notify ManagedOrg Inc about issues discovered without delay by email provided in Contact Information
. The defect report will be taken into consideration and further investigated if it has been emailed within a period of __________ days after discovery.
9.4 If we confirm that the Licensed Application is defective, ManagedOrg Inc reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims,damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
ManagedOrg Inc and the End-User acknowledge that ManagedOrg Inc, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement;
(iii) claims arising under consumer protection, privacy, or similar legislation.
You represent and warrant that You are not located in a country that is subject to aUS Government embargo, or that has been designated by the US Government as a”terrorist supporting” country; and that You are not listed on any US Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
267 09 Hillside Ave
Glenoaks, NY 11004
The license is valid until terminated by ManagedOrg Inc or by You. Your rights underthis license will terminate automatically and without notice from ManagedOrg Inc ifYou fail to adhere to any term(s) of this license. Upon License termination, You shallstop all use of the Licensed Application, and destroy all copies, full or partial, of theLicensed Application.
ManagedOrg Inc represents and warrants that ManagedOrg Inc will comply withapplicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’sEnd-User License Agreement,” subsidiaries shall be third-party beneficiaries of thisEnd User License Agreement and — upon Your acceptance of the terms andconditions of this License Agreement, will have the right (and will be deemed to haveaccepted the right) to enforce this End User License Agreement against You as athird-party beneficiary thereof.
ManagedOrg Inc and the End-User acknowledge that, in the event of any third-partyclaim that the Licensed Application or the End-User’s possession and use of thatLicensed Application infringes on the third party’s intellectual property rights,ManagedOrg Inc, and not the Services, will be solely responsible for theinvestigation, defense, settlement, and discharge or any such intellectual propertyinfringement claims.
This License Agreement is governed by the laws of the State of New York excludingits conflicts of law rules.
17.1 If any of the terms of this agreement should be or become invalid, the validity ofthe remaining provisions shall not be affected. Invalid terms will be replaced by validones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down inwriting. The preceding clause can only be waived in writing.