This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Boloto Group Inc.
("Boloto") for the software application(s) associated with the use of the Boloto’s Tools, which includes any user guides, any associated software components, any media, any printed materials other than the user guides, and any related "online" or electronic documentation ("Software"). By installing, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software.
Boloto Group reserves the right to modify the terms of this agreement without prior notice.
The Software is licensed to you, not sold, and Boloto retains any and all rights not specifically set forth herein.
Your licensing of the Software entitles only you to use the software and does not extend any rights to third parties.
This agreement shall remain in effect as long as you possess or use the Software.
The Software may not be used for sending bulk email ("spamming"). Such use expressly violates the terms of this agreement and Boloto’s Terms, Anti-Spam Policy and conditions generally. To ensure that the Software is not used for spamming, Boloto Group may limit you to a maximum number of emails per day via Bmail.. Boloto Group may modify the this limitation from time to time at its sole discretion.
LICENSING RIGHTS GRANTED
This EULA represents the entire agreement concerning the Software between you and Boloto and it supersedes any prior proposal, representation, or understanding between the parties.You are hereby granted a non-exclusive, non-transferable license for Term to use the Software, including any documentation files accompanying the Software ("Documentation"), subject to the terms and conditions set forth herein. Except as set forth herein, you do not obtain any right, title and/or interest to or in any proprietary, confidential or other rights of the Software or any derivative works derived thereon. Boloto owns the Software, Documentation, and all rights, title and interest therein and any derivative works, improvements, modifications, enhancements or other alterations made thereto. This Software is protected by copyright, patent, trademark, trade secret, export and/or other intellectual property laws, both foreign and domestic.
You may utilize the Software solely on unified resource locator addresses ("URLs").
LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly approved by Boloto and permitted by applicable law notwithstanding this limitation.NO RENTAL / COMMERCIAL HOSTING
You may not rent, lease, lend or provide commercial hosting services with the Software.CONSENT TO USE OF DATA
You agree that Boloto and its affiliates may collect and use technical and personal information about you and your referrals that are gathered as part of our services and our shared advertising revenue programs that are provided to you, as follows. Namely, you agree as part of our advertising revenue sharing program that information related to consumer factors and/or marketing factors that you provide to us, or are otherwise associated with your account, may be indirectly utilized by third parties participating in our advertising programs when we give such third parties an anonymous identifier that’s associated with certain marketing factors or consumer factors rather than your name, email address, physical address, or other personally identifying information. In particular, you agree that Boloto or its affiliates may use this information solely to improve our products or to enhance our advertising programs related to anonymous targeting of marketing factors or consumer factors associated with your account so we can provide you with customized services, customized advertising or other technologies. In return Boloto agrees not to disclose this information in any form that personally identifies you along with sharing advertising revenue associated with your account under terms agreed between you and Boloto or its affiliates. As noted in this document, you can withdraw from our shared advertising revenue programs at any time. Also your information and its above use, along with any agreement between you and Boloto or its affiliates, may be considered an asset in any merger or acquisition of Boloto or its affiliates.LINKS TO THIRD PARTY SITES
You may link to third party sites through the use of the Software. The third party sites are not under the control of Boloto Group, and Boloto is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Boloto is not responsible for webcasting or any other form of transmission received from any third party sites. Boloto is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Boloto of the third party site.ADDITIONAL SOFTWARE / SERVICES
This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Boloto may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Boloto reserves the right to discontinue any services provided to you or made available to you through the use of the Software.UPGRADES
To use Software identified as an upgrade, you must first be licensed for the Software identified by Boloto as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.EXPORT RESTRICTIONS
You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.SOFTWARE IS NON-TRANSFERABLE
Your right to use the Software is nontransferable.TERMINATION
Without prejudice to any other rights, Boloto may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA
Boloto Group, Inc. warrants that the Software will perform substantially in accordance with the accompanying materials for a period of thirty (30) days from the date of receipt. If an implied warranty or condition is created by your state / jurisdiction and federal or 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. Some states / jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, 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.LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES
Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Boloto, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Boloto's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of the Section "Exclusion of Incidental, Consequential and Certain Other Damages" are also incorporated into this Limited Warranty. Some states / jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state / jurisdiction to state / jurisdiction.YOUR EXCLUSIVE REMEDY
Boloto's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Boloto's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Boloto with a copy of your receipt.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, Boloto 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.ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
