End User License Agreement (EULA)

 

Effective Date: Jan 13, 2025

 

This End User License Agreement (“Agreement”) is a legal agreement between MINDSET Integrated Co. with principal offices at 800 Lomas Blvd NW Suite 100, Albuquerque, NM 87102 (“Licensor”) and CaseReview User, the (“Licensee”) accessing or using CaseReview (“Software”). This agreement governs the use of CaseReview. Licensor reserves the right to change or modify any of the terms and conditions contained in the Agreement without notice and all such revisions are effective immediately upon posting and apply to all access to and continued use of the Software.

 

By accessing, downloading, installing, or using the Software, the Licensee:

(a)    Accepts and agrees to be bound by and comply with the terms of this Agreement; 

(b)    Represents and warrants that they are the legal age of majority under applicable law to form a binding contract with us; and

(c)    Agrees that if they access the application from a jurisdiction where it is not permitted, they do so at their own risk. 

(d)    If the Licensee does not agree to the terms, they must not use the Software.

 

1. Grant of License and License Restrictions

 

1.1 Licensor grants the Licensee a non-exclusive, revocable, non-transferable, limited right to access and use the Software solely for its intended purpose and in accordance with the terms of this Agreement.

1.2 The Licensee may not:

(a)    Modify, translate, adapt, copy, or create derivative works of the Software.

(b)    Reverse engineer, disassemble, integrate, modify, remove, decompile, decode, create derivative works or updates of, adapt, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof.

(c)    Remove, delete, alter, or obscure any trademarks or any copyright, trademark, or other proprietary rights notices from the Software.

(d)    Transfer, sublicense, lease, lend, rent, assign, distribute, publish, transfer, or otherwise make available the Software or any features or functionality of the Software to any third party.

(e)    Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Software.

 

2. Ownership

 

2.1  The Software, including all intellectual property rights, is owned by the Licensor. No ownership rights are transferred to the Licensee.

2.2 The Licensor does not assert ownership over the Licensee’s content. Licensee retains ownership of all content and intellectual property rights or other proprietary rights associated with the Licensee content. Licensor is not liable for any statements or representations in Licensee’s content. Licensee is solely responsible for their content related to the Software and expressly disclaims Licensor from any and all responsibility from any legal action arising from Licensee’s content. 

2.3 Licensor has no obligation to monitor Licensee content. Any use of the Software in violation of this Agreement may result in, among other things, termination or suspension of Licensee's rights to use the Software.

2.4 Upon termination of Licensee rights to use the Software, Licensor is under no obligation to maintain or store the Licensee content. Accordingly, Licensee should take steps to download from their account any data they wish to preserve prior to termination of this Agreement.

 

3. Updates

 

The Licensor may from time to time and at its sole discretion develop and provide Software updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. Licensee agrees that Licensor has no obligation to provide any Updates or to continue to provide or enable any particular feature or functionality.

 

4. Term and Termination

 

5.1 This Agreement remains effective until terminated by either party.

5.2 Licensor may terminate this Agreement immediately if the Licensee breaches any term of this Agreement.

5.3 Upon termination, the Licensee must cease all use of the Software and destroy any copies in their possession.

5.4 Termination will not limit any of Licensor’s rights or remedies at law or in equity.

 

5. Disclaimer of Warranties

 

To the maximum extent permitted under applicable law, the Software is provided “as is” without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Without limitation to the foregoing, Licensor provides no warranty or undertaking, and makes no representation of any kind that the Software will meet Licensee's requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

 

6. Limitation of Liability

 

To the maximum extent permitted by law, Licensor shall not be liable for any indirect, incidental, or consequential damages, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the use or inability to use the Software, however caused, regardless of the theory of liability. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. 

 

7. Confidentiality

 

The Licensee agrees to keep confidential any non-public information provided by the Licensor related to the Software.

 

8. Data and Privacy

 

The Software is a cloud hosted application using best in class security and privacy frameworks which will be updated from time to time. The Licensee’s use of the Software is subject to the Licensor’s Privacy Policy, available at https://www.mindsetintegrated.com/privacy-policy.

 

9. Governing Law

 

This Agreement shall be governed by and construed in accordance with the laws of New Mexico.

 

10. Entire Agreement

 

This Agreement constitutes the entire understanding between the parties concerning the Software and supersedes all prior agreements. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. 

 

By clicking “I Agree” or accessing the Software, the Licensee acknowledges that they have read, understood, and agreed to be bound by this Agreement.