END USER SOFTWARE LICENSE AGREEMENT (“EULA”).
This EULA is a legally binding agreement between the end user of the “CURIOSITY (CLOUD DELIVERY PLATFORM)” software (“End User”) and T-LINE MÉXICO, S.A. DE C.V. (holder of the economic rights of the software “CURIOSITY (CLOUD DELIVERY PLATFORM)”, hereinafter “CURIOSITY (CLOUD DELIVERY PLATFORM)” or TLINE interchangeably) that establishes the terms and conditions that govern the use and operation of the software products registered in the National Copyright Institute (“INDAUTOR” in English “National Copyright Institute of Mexico”) (the “Software”) and technical specifications drawn up for its correct use and operation (the “Documentation”). Where meaning and context permit, references in this EULA to the Software include documentation. By downloading and installing, copying or using the Software and/or accepting this EULA, End User will be subject to the terms and conditions of this EULA. If End User does not agree or accept the terms of this EULA, End User may not access, install, download, copy or use the Software.
1.0. Definitions
1.1 “Fee(s) and/or cost and/or price” means any License, Maintenance, professional services, consulting or other Fee(s) and/or costs and/or prices agreed to by the parties as set forth in a service quotation.
1.2 “Maintenance” and “Maintenance Policies” have the respective meanings set forth in Section 9.0.
1.3 “License Grant” and “License Document” have the following meanings: is a commercial software license transaction pursuant to which the End User: i) accepts this EULA as provided above, and; ii) takes actual and/or implied possession and/or use of the Software. A software license may take place by any legal means, electronically or in writing, and may be confirmed by: a) signed purchase orders, credit orders, commitment letters, license keys, amendments to this EULA or other similar materials or unsigned, (each “Software License Documents”), or (b) by the conduct of the parties leading to the implied consent to be bound by the EULA. A software license may be initiated and implemented by any person who is directly or indirectly a party to it, including the End User, “CURIOSITY (CLOUD DELIVERY PLATFORM)” or distributors, merchants and/or other authorized resellers of the Software. A Software License Document may contain terms and conditions of use, commercial, legal and other terms agreed to by the parties. Notwithstanding the foregoing, each software license will require that: i) this EULA be accepted by the End User, and; ii) the End User obtains actual and/or implied possession or use of the Software. In the event of a conflict or inconsistency between the terms and conditions of this EULA and those set forth in a Software License Document, the terms and conditions of the License Document will govern and prevail.
1.4 “Open Source” means various open source software components licensed under the terms of applicable open source license agreements, included in the materials relating to such software. Open source software is made up of individual software elements, each of which has its own copyright and its own applicable license terms.
1.5 Subscription Renewal. The rights to use “CURIOSITY (CLOUD DELIVERY PLATFORM)” purchased by subscription will automatically renew for the renewal period indicated in the order you or your “CURIOSITY (CLOUD DELIVERY PLATFORM)” reseller placed with “CURIOSITY (CLOUD DELIVERY PLATFORM)” ” (“Renewal Term”) unless: (a) You notify Your Approved Source in writing at least 45 days before the end of Your then-current Term of Use of Your intention not to renew; or (b) you or your “CURIOSITY (CLOUD DELIVERY PLATFORM)” reseller elects not to automatically renew at the time of the initial order placed with “CURIOSITY (CLOUD DELIVERY PLATFORM)”. Your Approved Source will notify you reasonably in advance of any Renewal Term if there are changes in rates. The new rates will apply for the next Renewal Period unless you or your “CURIOSITY (CLOUD DELIVERY PLATFORM)” reseller immediately notifies “CURIOSITY (CLOUD DELIVERY PLATFORM)” in writing, prior to the renewal date, that does not accept rate changes. In that case, Your subscription will terminate at the end of the current Usage Term.
2.0. License Grant
Where the Software or an instance of use is delivered to the End User as part of a commercial license transaction, the End User shall, subject to the terms and conditions of this EULA, have
