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LICENSE
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LICENSE
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ZING BUILDNOW CORE LICENCE AGREEMENT
This License Agreement (the "Agreement") is a legal agreement between you and
Zing Dev Limited (“Zing”). By downloading the BuildNow Core software, which
includes source code, you are agreeing to be bound by the terms of this Agreement.
If you do not agree to the terms of this Agreement, promptly destroy any and all
copies of the Software that you have downloaded or reproduced and cease your use
of the Software.
1. GRANT OF LICENCE
1.1. Subject always to the terms of this Agreement, Zing grants to you the
worldwide, non-exclusive, right to use the Software.
1.2. In the event you use the Software other than in accordance with this
Agreement, your right to use the Software will immediately cease and
you must destroy any and all copies of the Software that you hold.
2. PERMITTED USES
2.1. The Software must only be used by you in connection with a
BuildNow-enabled Twilio Flex account. If you cease to have a
BuildNow-enabled Twilio Flex account you must cease to use the Software.
2.2. Subject to your compliance with the Prohibited Uses section of this Agreement, below, you may:
a) use the Software in its original unmodified form;
b) reproduce the Software;
c) create derivative works (meaning works based on or in some way derived
from the Software) using the Software;
d) use the Software, or such derivate works, for private use and / or for
commercial use, (together the “Permitted Uses”).
2.3. In relation to any use of the Software you must include a copy of this Agreement:
a) as a separate “licence.txt” file; and
b) in any derivative work at the beginning of all source code files, and
viewable to a user in any executable such that the terms of this Agreement
are reasonably brought to the attention of any party using the derivative work.
3. PROHIBITED USES
3.1. You acknowledge and accept that under no circumstances whatsoever shall you:
a) use the Software other than for the Permitted Uses;
b) use or modify the Software in any way contrary to any applicable law; or
c) distribute the Software to any third party without having obtained Zing’s
prior written authorisation and permission, (together the “Prohibited Uses”).
4. INTELLECTUAL PROPERTY RIGHTS
4.1. The Software and all copyright and other intellectual property rights in the
Software are owned exclusively by Zing.
4.2. You acknowledge and accept that you do not have, and shall not obtain, any
ownership or proprietary rights, whether intellectual property rights or otherwise,
whatsoever in or to the Software.
5. RESERVATION OF RIGHTS
Zing reserves the right to make modifications to the Software, and to the terms and
conditions of this Agreement, in its sole and absolute discretion from time to time.
6. DISCLAIMER OF WARRANTIES
6.1. Zing provides the Software strictly on an “as is” basis.
6.2. Zing does not provide any warranties or conditions in relation to the Software,
whether express or implied, including but not limited to that the Software:
a) is of any particular quality;
b) is fit for any purpose or use;
c) meets any specific requirements;
d) is error-free;
e) contains no defects;
f) contains no vulnerabilities or other security flaws; or
g) does not infringe the intellectual property rights or other rights of any third party.
6.3. You acknowledge and accept that you are solely and exclusively responsible for
assessing whether the Software is appropriate for use for your purposes, and you assume
sole and exclusive responsibility for the results obtained from your use of the Software.
7. LIMITATION OF LIABILITY
7.1. Zing shall have no responsibility or liability, whether in tort (including for
negligence or breach of statutory duty), contract, misrepresentation, restitution or
otherwise, however arising out of or in connection with your use of the Software, even if
Zing is advised of the possibility for such liability to occur.
7.2. For the avoidance of any doubt, Zing shall not be liable to you for any:
a) loss of profits; or
b) loss of business; or
c) depletion of goodwill and / or similar losses; or
d) loss or corruption of data or information; or
e) pure economic loss; or
f) for any other special, indirect or consequential loss, costs, damages, charges or expenses,
however arising out of our in connection with your use of the Software.
7.3. Zing shall have no liability for any loss damage caused by errors or omissions in the Software.
7.4. You agree that you have no remedy against Zing relating to your use of the Software.
8. GOVERNING LAW & JURSIDICTION
8.1. This Agreement and any dispute or claim arising out of or in connection with it or its
subject matter or formation (including non-contractual disputes or claims) shall be governed
by and interpreted in accordance with the law of England and Wales.
8.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive
jurisdiction to settle any dispute or claim arising out of or in connection with this
Agreement or its subject matter or formation (including non-contractual disputes or claims).