End User License Agreement
Last updated: 07/03/2022
This End User License Agreement (hereinafter referred to as “EULA”) is a legally binding agreement between you, the licensee, an individual customer or legal entity, and BRAVO DESIGN LTD, the company and author of “KANBAN BOARD APP”, which may include software, related media, printed materials, and online or electronic documentation. This Agreement is a legally binding contract that contains terms and conditions limiting your legal rights and the Licensor’s liability to you, and governs all access to and use of this Software. You hereby agree, without limitation or modification, to all of the terms and conditions contained herein.
By installing, copying or otherwise using the Licensed Product (Software), Licensee agrees to the terms and conditions set forth in this EULA. However, if Licensee does not agree to the terms and conditions set forth in this EULA, Licensee may not download, install or use the Software.
Definitions
“EULA” refers to this End User License Agreement, including any amendments to this Agreement.
“Licensee” refers to the individual or entity downloading and using the Software.
“Licensor” refers to the company or author, BRAVO DESIGN LTD, located at Limnaria 1, Westpark Village, Shop 20, 8042 Paphos, Cyprus.
“Software/Licensed Product” means “KANBAN APP”, the licensed product provided pursuant to this EULA.
Grant of License
Subject to the terms of this EULA, BRAVO DESIGN LTD hereby grants Licensee a revocable, limited, non-exclusive license for the term of this EULA to possess and use one copy of the Software. The Software is distributed by BRAVO DESIGN LTD and its distribution partners, or made available for installation in the Microsoft App Store. Licensee is not permitted to charge a fee for the distribution of this Software, whether for profit or merely to cover media and distribution costs.
Intellectual Property
You hereby unconditionally agree that all right, title and interest in and to the copyrights and other intellectual property rights in the Licensed Product are owned by Licensor. The trademarks, logos, designs and service marks appearing on the Licensed Product are registered and unregistered trademarks of Licensor. Accordingly, neither this EULA nor the Licensed Product grant you the right to use any form of intellectual property contained in the Licensed Product.
Therefore, all right, title, interest and copyright in and/or to the Software, including but not limited to all images, graphics, animations, audio, video, music, text, data, code, algorithms and information, are owned by Licensor. Accordingly, the Software is protected by all applicable copyright laws and international treaties, and Licensee is expected to use the Software with respect to all intellectual property contained therein, except as otherwise provided in this EULA.
Description of Rights and Limitations
Installation and Use: Licensee may use the Software only with the licensed number of users and only during the Subscribed Period.
Reproduction and Distribution: Licensee may not reproduce or redistribute copies of the Software without the express written permission of Licensor.
Licensee Restriction: Licensee may not:
Use the Licensed Product for any illegal or unlawful purpose;
Collect actual content or any other portion of the Licensed Product by automated means, including but not limited to database scraping or screen scraping; or
Reverse engineer, decompile or disassemble the Software, unless such activity is expressly permitted under applicable law notwithstanding this limitation or allow another person or entity to use the Software on a timesharing, sublicensing or other basis.
License Fee
The fee to be paid for the Software (Fee) is specified on Bravo Design’s website at www.123bravo.com. You will be invoiced for the Fee and it will be charged to your credit card. You must prepay the Fee before you use the Software.
Bravo Design may terminate or suspend your use of the Software if you do not pay any Fee required to be paid to BRAVO DESIGN LTD under these Terms and Conditions by the applicable due date.
Updating and Maintenance
BRAVO DESIGN LTD will provide updates and maintenance on an unspecified basis or as needed. However, BRAVO DESIGN LTD shall have no obligation to continue to provide or update the Software.
Support
BRAVO DESIGN LTD will provide support for the Software free of charge for the duration of the subscription. Support will endeavor to respond within 48 hours of receipt of the support message (on business days).
Free Software versions do not include support.
Error Correction
Should a software programme covered by the contract behave in a different way compared to the respective service description/documents in the most recent version and should the Client be able to reproduce this differing behaviour, this shall be considered a matter in need of troubleshooting.
Notices of defects shall be made to the Contractor in writing using the support functionality in the app. In order to accurately check possible errors, the Client undertakes to provide the Contractor, free of charge, with the computer system used (for systems in an online network with other computers, also the respective connection), software programmes, records, diagnosis records and data in an amount adequate for testing purposes during the normal working hours of the Contractor, and to support the Contractor. Discovered errors attributable to the Contractor shall be solved within an adequate period.
The Contractor shall be exempt from this obligation should deficiencies attributable to the Client hinder the troubleshooting and these not be eliminated by the Client.
A software update or an adequate workaround shall be considered solving an error.
Free versions are provided “as is”, there is no entitlement to correction of errors.
General terms
Termination
In the event of termination, all licenses granted under this EULA shall terminate immediately and you agree to cease accessing or attempting to access the Licensed Product.
Accordingly, this EULA may be:
Automatically terminated if Licensee fails to comply with any of the terms of this EULA;
terminated by BRAVO DESIGN LTD; or
terminated by Licensee.
Either BRAVO DESIGN LTD or Licensee may terminate this EULA effective immediately upon written notice to the other party, including but not limited to electronic mail.
Non-Transferability
Licensee has the option to permanently transfer all rights under this Agreement, provided that the transferee agrees to the terms of this EULA. Accordingly, this EULA is not assignable or transferable without the prior written consent of BRAVO DESIGN LTD, and any attempt to do so is void.
Notice
All notices, reports, approvals or consents required under this EULA shall be in writing and shall be deemed to have been duly given if delivered by registered mail to the respective addresses of the parties.
Integration
Both parties hereby agree that this EULA constitutes the complete and exclusive statement and legal acknowledgment of the parties’ mutual understanding and supersedes and cancels all prior written and oral agreements and/or communications relating to the subject matter of this EULA.
Severability
No delay or failure by either party to exercise any privilege, power or right under this EULA shall be deemed a waiver of any of the terms and provisions of this EULA. Accordingly, the exercise of any right hereunder, in whole or in part, shall not preclude the further exercise of any other right under this EULA. Assume that any of the outlined provisions of this EULA are held by a court of competent jurisdiction to be unenforceable or invalid in whole or in part. In that event, such provision will be limited to the minimum necessary to keep this EULA in full force and effect and enforceable. This will not render the remaining provisions of this Agreement unenforceable or invalid. They will remain enforceable and valid regardless of the unenforceable and invalid provisions of this EULA.
Warranty and Disclaimer
BRAVO DESIGN LTD and the author of this software expressly disclaim all warranties with respect to the “KANBAN APP”. The licensed product and all accompanying documentation are provided “as is” and without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Accordingly, Licensee assumes all risk arising from the use or performance of the Software.
Limited Liability
Licensee agrees that BRAVO DESIGN LTD shall not be liable to Licensee or to any other person or entity asserting any claim for lost profits, income, savings or other consequential, incidental, special, punitive, direct or indirect damages, whether arising in contract, tort, warranty or otherwise. Even if BRAVO DESIGN LTD has been advised of the possibility of such damages.
These limitations necessarily apply regardless of the primary purpose of any limited remedy. In no event shall BRAVO DESIGN LTD’s total liability to Licensee or any other person or entity claiming through Licensee exceed the actual amount of money paid by Licensee to BRAVO DESIGN LTD for the Software.
Indemnification
You hereby agree to indemnify and hold BRAVO DESIGN LTD harmless from and against any and all liabilities, damages, losses or expenses, including but not limited to reasonable attorneys’ or other professional fees, in any claim, demand, action or proceeding brought by any third party against BRAVO DESIGN LTD arising out of any action of yours, including but not limited to breach of this EULA or any other agreement or applicable law.
Entire Agreement
This Agreement rightfully constitutes the entire agreement between BRAVO DESIGN LTD and Licensee and all parties hereto. It supersedes all prior agreements of the parties, whether written or oral, express or implied, by way of statement, condition, or representation or warranty.
Governing Law and Jurisdiction
This EULA shall be governed by and construed in accordance with the laws of the courts of Cyprus, without regard to conflicts of law provisions thereof. All disputes relating to this EULA shall be brought exclusively in the courts of Cyprus, and all parties consent to the jurisdiction thereof. In addition, the prevailing party in any litigation to enforce this EULA shall be entitled to recover costs and expenses, including without limitation attorneys’ fees. Accordingly, this EULA shall be subject to the exclusive jurisdiction of Cyprus, and its jurisdiction shall prevail over any other jurisdiction chosen by either party.
Further Information
For further details please refer to our General Terms and Conditions.
