Monkey Tools End User License Agreement (EULA)

Introduction

This End User License Agreement (“EULA”) is a legal agreement between you and Excelguru Consulting Inc. for the Monkey Tools software product, including any associated media, printed materials, and electronic documentation (the “Software”). Installation and/or use of the Software by the User constitutes acceptance of the terms and conditions of this License.

License Grant

Excelguru Consulting Inc. grants you a revocable, non-exclusive, non-transferable, limited license to install and use the Software on up to three devices per purchased license for your personal or internal business purposes strictly in accordance with the terms of this EULA. Each license is intended for a single user, and additional licenses must be purchased for additional users.

Restrictions

You agree not to, and you will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Software.
Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Software.
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Excelguru Consulting Inc. or its affiliates, partners, suppliers, or the licensors of the Software.

Updates and Maintenance

Excelguru Consulting Inc. may provide enhancements or improvements to the features/functionality of the Software, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”). Updates will be governed by the terms of this EULA unless they are accompanied by a separate license, in which case the terms of that license will govern.

Modifications to this EULA

Excelguru Consulting Inc. reserves the right to modify this EULA at any time without notice. Your continued use of the Software following any changes to this EULA will be deemed acceptance of those changes. It is your responsibility to review this EULA periodically for any changes.

Termination

This EULA is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Excelguru Consulting Inc. This EULA will also terminate immediately if you fail to comply with any term of this EULA. Upon such termination, the licenses granted by this EULA will immediately terminate and you agree to stop all access and use of the Software.

Ownership and Intellectual Property

Excelguru Consulting Inc. retains all right, title, and interest in and to the Software, including all intellectual property rights therein. The Software is licensed, not sold, to you.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Excelguru Consulting Inc. be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Software; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Software. Excelguru Consulting Inc’s entire liability shall be – at Excelguru Consulting Inc’s option – a return of the most recent payment for your software license.

Governing Law

This EULA will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles.

Miscellaneous

If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances or of the remaining provisions hereof under all circumstances.

By using the Software, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions.