Last Updated: 2024-04-10
This End-User License Agreement ("EULA") is a legal agreement between you (Licensee) and Twinkle Toes Software, LLC (Licensor).
This EULA agreement governs your acquisition and use of our Booked Scheduler software ("Software") directly from Twinkle Toes Software, LLC.
Please read this EULA agreement carefully before completing the installation process and using the Booked Scheduler software. It provides a license to use the Booked Scheduler software and contains warranty information and liability disclaimers.
By installing and/or using the Booked Scheduler software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Twinkle Toes Software, LLC herewith regardless of whether other software is referred to or described herein. The terms also apply to any Twinkle Toes Software, LLC updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Twinkle Toes Software, LLC hereby grants you a personal, non-transferable, non-exclusive license to use the Booked Scheduler software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Booked Scheduler software on a computer under your control. You are responsible for ensuring your device meets the minimum requirements of the Booked Scheduler software. You are responsible for following the documented installation and update procedures.
Additionally, you are permitted to:
You are not permitted to:
Twinkle Toes Software, LLC will make available for download the Software and all updates to the Software for the lifetime of the Software, effective from the first installation date of the Software.
Twinkle Toes Software, LLC will publish notifications of all updates to the Software via email to a mutually agreed upon party.
There is no warranty for the program, to the extent permitted by applicable law. Except when otherwise stated in writing the copyright holders and/or other parties provide the program “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the program prove defective, you assume the cost of all necessary servicing, repair or correction.
Twinkle Toes Software, LLC shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any all future versions and modifications) are and shall remain the property of Twinkle Toes Software, LLC.
Twinkle Toes Software, LLC reserves the right to grant licenses to use the Software to third parties.
This EULA agreement is effective from the first installation date of the Software and shall continue for one (1) calendar year or until terminated, whichever comes first. You may terminate it at any time upon written notice to Twinkle Toes Software, LLC.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Notwithstanding the foregoing, licensor is not liable to licensee for any damages, including compensatory, special, incidental, exemplary, punitive, or consequential damages, connected with or resulting from this license agreement or licensee's use of this software. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the USA.