Last revised: June 1, 2017.
Please read this End User License Agreement ("Agreement") carefully before downloading and/or using the Tetra Payments Application. By downloading or using the Tetra Payments Application, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not download or use the Tetra Payments Application.
Tetra Payments LLC grants you a revocable, nonexclusive, nontransferable, limited license to download, install and use the Tetra Payments Application strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to: a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Tetra Payments Application or make the Tetra Payments Application available to any third party.
Modifications to Application
Tetra Payments LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the Tetra Payments Application or any service to which it connects, with or without notice and without liability to you.
Term and Termination
This Agreement shall remain in effect until terminated by you or Tetra Payments LLC. Tetra Payments LLC may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Tetra Payments LLC, in the event that you fail to comply with any provision of this Agreement. Upon termination of this Agreement, you shall cease all use of the Tetra Payments Application and delete all copies of the Tetra Payments Application from your device(s).
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Amendments to this Agreement Tetra Payments LLC reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Tetra Payments LLC or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the application or the content and services for:
(a) Personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, business interruption, computer failure or malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages.
(b) Direct damages in amounts that in the aggregate exceed the amount actually paid by you for the application.
The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable or company was advised of the possibility of such damages. some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
You agree to indemnify, defend and hold harmless Tetra Payments LLC and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that Tetra Payments LLC assumes no responsibility for the content you submit or make available through this Application.
This EULA is governed by the laws of the State of Florida and the federal law of the United States of America, without regard for their conflict of law principles. If you bring any action or claim arising under or related to this EULA, you may do so only in the Florida state courts sitting in Broward County, Florida or in the United States District Court for the Southern District of Florida - Fort Lauderdale. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If you have any questions about this Agreement, please contact us at email@example.com.