END USER LICENCE AGREEMENT (EULA)
DATE VERSION EFFECTIVE 1 MARCH 2022
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY.
By checking the box or clicking the button to confirm your agreement the first time the compilation uses the Product, you agree to all the terms in this End User License Agreement (EULA). Likewise, by using, changing or downloading the Product, you are completing all the terms in this EULA.
Yayasan Equaliser Bumi Untuk Semua (referred to below as “Earthqualizer or “ We” or “Us” or “Our”) as the sole owner of the Product with the Disclaimer as integral part of this EULA.
This EULA as the basis on which Eathqualizer makes the Products available to you (“User” or ”You”) and on which You may use them. What We mean by "You," are buyers, recipients, or end users of the Products. "You" also means someone who download the Product from an official website. Our Privacy and Policy, as an integral part of this EULA that bound You and should be obey by You at all time.
This End User License Agreement (“EULA”) governs your use of Traceability, Monitoring, and Recovery Liability Dashboard (the “Product”). The Product that are licensed to you by Earthqualizer. Product further means monthly monitoring reports of deforestation and peatland development cases within oil palm oil concessions owned by companies inside your supply chain, with primary focus on Indonesia, Malaysia and Papua New Guinea including all versions of the modification or improvement, all advanced versions of the Product].
Earthqualizer reserves the right to change, revise, add or delete articles in this EULA at any time without any prior notification to You.
GRANT OF LICENCE.
Earthqualizer grants You a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to download and/or use the Product either in whole or in part (the “License”), for such time until the termination of this EULA by Earthqualizer. You must in no event use or allow others to use the Product or this License for commercial purposes. Earthqualizer hereby gives you the right to use the product not for commercial use or purposes. The product is licensed to you, not transferred the ownership of the Product.
As applicable, certain parts of the Product may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. Please review such additional terms and costs carefully.
If there is any update of the Product, although Earthqualizer is not required to do that, We may provide you with the updates. This EULA will govern all updates provided by Us that replacing and / or completing the Product, unless the update is accompanied by a separated EULA.
As part of the License, you may: (a) install and use information and data in the manner to engage No Peat, No Deforestation and No Exploitations (NDPE) compliance; (b) if information and data are provided for download to a personal computer or mobile device, make as many copies of these information and data as you reasonably need for your own use for NDPE compliance purpose; and (c) permanently transfer all your rights to use information and data to others, so that person also agrees to be bound by this agreement, and after such transfer you stop using information and data.
You will not use the Product to support any crime under any jurisdiction, especially any action related to the support to carry out the most serious crime such as but not limited to crime against humanity.
You shall not, directly or indirectly: (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of this Product, in whole or in part; (iii) create, use and/or distribute “auto”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs or software applications for this Product (whether in an online multiplayer game or in a single player game over the internet or in local area network); (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations].
All title, ownership rights and intellectual property rights of the Product, including all of its part, and all copies thereof are owned by Earthqualizer. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product. You shall fully respect and support the rights of Eartqualizer over the Product.
ACCESS TO YOUR INFORMATION
CONSENT TO OVERSEE
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND KEEP INDEMNIFIED Earthqualizer, or other
The EULA is effective from the time You check the box or clicking the button to confirm your agreement. Earthqualizer may terminate this EULA, at any time, for any reason. Termination will be effective upon notice to You. You must immediately destroy all the Products, including its copies under Your possession or any other party You have given to.
CHANGES TO THIS EULA OR TO THE PRODUCT.
Earthqualizer reserves the right, under its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain part of this EULA. Such changes will be effective without prior notification to You. If any future changes to this EULA are unacceptable to You or cause You to no longer comply with this EULA, We may terminate this EULA in accordance with Section 6.
The Product is subject to all applicable export restrictions. You must comply with all export and import restrictions and regulations of Indonesia. You represent and warrant that you are not a citizen of an embargoed country or a "terrorist supporter" or an end user that is prohibited or restricted under applicable universal, local and anti-terrorist and export regulation. The Product may not be re-exported, downloaded or otherwise exported to, or used by a national or resident of, any country to which Indonesia has embargoed goods or terrorist supporter.
If any court or authority under any competent jurisdiction found any provision under the EULA is invalid, illegal or unenforceable, that provision or part-provision shall to the extent required be deemed to be deleted, and the validity and enforceability of the other provisions of this EULA shall be not affected. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect Earthqualizer’s vision.
Law and Jurisdiction to the extent permitted by applicable law, the EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of Indonesia. In case there is any dispute, it will be solved by taking place in Bogor District Court, or other court or alternative dispute resolution including its procedural law appointed by Earthqualizer in a written statement.
THIS EULA IS APPLICABLE TO THE EXTENT AUTHORISED BY LAW.