Important: Please read this End User License Agreement carefully before using Cosmo Star's software services. By accessing or using our services, you agree to be bound by the terms and conditions of this Agreement.
1. Agreement to Terms
This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity, referred to as "you" or "User") and Cosmo Star ("Company", "we", "us", or "our") for the use of software, applications, services, and related materials provided by Cosmo Star.
By downloading, installing, accessing, or using any of our software products or services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
2. License Grant
2.1 Scope of License
Subject to the terms of this Agreement, Cosmo Star grants you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the software and services for your internal business purposes
- Use the software in accordance with the documentation provided
- Make a reasonable number of backup copies for archival purposes only
2.2 License Restrictions
You agree NOT to:
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the software
- Modify, adapt, translate, or create derivative works based on the software
- Rent, lease, lend, sell, sublicense, or distribute the software to third parties
- Remove, alter, or obscure any proprietary notices on the software
- Use the software for any illegal or unauthorized purpose
- Attempt to gain unauthorized access to any systems or networks
3. Intellectual Property Rights
The software, including all content, features, functionality, source code, algorithms, and design, is owned by Cosmo Star and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
All rights not expressly granted to you in this Agreement are reserved by Cosmo Star. The license granted does not transfer any ownership rights to you.
4. User Obligations
4.1 Compliance
You agree to use the software in compliance with:
- All applicable local, state, national, and international laws and regulations
- This Agreement and any additional terms provided by Cosmo Star
- Industry best practices and security standards
4.2 Account Security
If the software requires user authentication, you are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying Cosmo Star immediately of any unauthorized use
5. Service Level and Availability
While we strive to provide continuous, uninterrupted service, Cosmo Star does not guarantee that the software will be available at all times. We reserve the right to:
- Modify, suspend, or discontinue any part of the service with or without notice
- Perform scheduled maintenance that may temporarily interrupt service
- Update or upgrade the software to improve functionality or security
6. Data and Privacy
Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using our services, you consent to our data practices as described in the Privacy Policy.
7. Warranty Disclaimer
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the software will be error-free, secure, or uninterrupted
- Warranties regarding the accuracy, reliability, or completeness of any content
You acknowledge that your use of the software is at your sole risk.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XPEKSOFT SHALL NOT BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Damages resulting from unauthorized access to or alteration of your data
- Damages exceeding the amount you paid for the software in the last 12 months
9. Indemnification
You agree to indemnify, defend, and hold harmless Cosmo Star, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from:
- Your use or misuse of the software
- Your violation of this Agreement
- Your violation of any rights of another party
- Any content you submit or transmit through the software
10. Updates and Modifications
Cosmo Star reserves the right to update, modify, or replace this Agreement at any time. We will provide notice of material changes by:
- Posting the updated Agreement on our website
- Sending notification through the software or via email
- Updating the "Last Updated" date at the top of this Agreement
Your continued use of the software after any such changes constitutes your acceptance of the new Agreement.
11. Termination
11.1 Termination by You
You may terminate this Agreement at any time by ceasing all use of the software and destroying all copies in your possession.
11.2 Termination by Cosmo Star
We may terminate or suspend your access to the software immediately, without prior notice or liability, if you:
- Breach any provision of this Agreement
- Engage in fraudulent or illegal activities
- Fail to pay applicable fees (if any)
- Cause harm to our systems, services, or other users
11.3 Effect of Termination
Upon termination, you must immediately cease all use of the software and destroy all copies. Provisions that by their nature should survive termination shall survive, including but not limited to intellectual property rights, warranty disclaimers, and limitations of liability.
12. Third-Party Components
The software may include or rely on third-party components, libraries, or services that are subject to separate license terms. Your use of such components is governed by their respective licenses, which are available upon request.
13. Export Compliance
You agree to comply with all applicable export and import laws and regulations. You shall not export, re-export, or transfer the software to any prohibited countries, entities, or individuals as specified by applicable laws.
14. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Cosmo Star operates, without regard to its conflict of law provisions.
Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
15. Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Entire Agreement
This Agreement, together with our Privacy Policy and Terms of Service, constitutes the entire agreement between you and Cosmo Star regarding the use of the software and supersedes all prior or contemporaneous understandings.
17. Contact Information
If you have any questions about this End User License Agreement, please refer to our website or documentation for assistance.
Acknowledgment: By using Cosmo Star's software and services, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.