Freemium License Agreement
The freemium license of the Gleematic software (“Software”) is provided by Glee Trees Pte. Ltd. (“Company”) of Singapore Company Registration No. 201617907E, to the end-user (“Recipient”). The Recipient may use the freemium version of Gleematic software for personal use or for business activities of the organisation he/she represents, subject to the terms and conditions of this Freemium License Agreement (“Agreement”).
By using the Freemium (License) Software, the Recipient and Company agree to the following:
- Subject to the terms and conditions of this Agreement, Company grants Recipient a nonexclusive, nontransferable license to use the Company’s Software for a period of 1 (one) month, for 1 (one) user at one computer terminal.
- The Recipient agrees that it will at all times hold in strict confidence and not disclose Confidential Information (as defined below) to any third party except as approved in writing by the Company and will use the Confidential Information for no purpose other than evaluating the Service. The Recipient shall only permit access to Confidential Information to those of its employees having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein.
- The Company agrees that it will at all times hold in strict confidence and not disclose Confidential Information (as defined below) to any third party except as approved in writing by the Recipient and will use the Confidential Information for no purpose other than completing the project using the software. The Company shall only permit access to Confidential Information to those of its employees having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein.
- “Confidential Information” means all non-public materials and information provided or made available by Company to Recipient, and by Recipient to Company, including products and services, information regarding technology, know-how, processes, software programs, research, development, financial information and other information.
- Data generated or collected by Recipient through using the Company’s Service will remain as Recipient’s property, even after expiration or termination of this Agreement.
- After Recipient’s evaluation of the Service is complete, or upon request of the Company, the Recipient shall promptly return to the Company all documents, notes and other tangible materials and return or certify the destruction of all electronic documents, notes, software, data, and other materials in electronic form representing the Confidential Information and all copies thereof.
- The Parties agree that nothing contained in this Agreement shall be construed as granting any ownership rights to any Confidential Information disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right.
- The Recipient shall not use the trial Software for illegal activities.
- The Recipient shall not make, have made, use or sell for any purpose any product or other item using, incorporating or derived from any Confidential Information or the Service. The Recipient will not modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Confidential Information or the Service.
- This Service is a beta release offering and is not at the level of performance of a commercially available product offering. The Service may be substantially modified prior to first commercial release, or at Company’s option may not be released commercially in the future.
- The service and documentation are provided “as is” without warranty of any kind and the Company disclaim all warranties, express, implied, or statutory, including without limitation any implied warranties of title, non-infringement of third-party rights, merchantability, or fitness for a particular purpose. No oral or written advice or consultation given by Company, its agents or employees, will in any way give rise to a warranty. The entire risk arising out of the use or performance of the service remains with the recipient.
- The company shall not be liable for loss of use, lost profit, cost of cover, loss of data, business interruption, or any indirect, incidental, consequential, punitive, special or exemplary damages arising out of or related to the professional services provided during the trial period or this Agreement, however caused and regardless if the form of action, whether in contract, tort, strict liability or otherwise, even if such parties have been advised of the possibility of such damages.
- In no event will Company’s aggregate cumulative liability for any claims arising out of or related to this Agreement or professional services provided during the trial period exceed S$1 (one Singapore Dollar) or the amount Recipient actually paid Company under this Agreement.
- The Recipient’s obligations under this Agreement shall survive any termination of this agreement. This Agreement shall be governed by and construed in accordance with the laws of Singapore.