DotParse Pty Ltd End User License Agreement (EULA)

Last updated: 23-03-2023

IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE USING THE SOFTWARE OR SERVICES PROVIDED BY DotParse Pty Ltd (Registration Number: 2017/147347/07), WITH OUR REGISTERED ADDRESS AT DotParse Bon Esperance Farm, R44, Stellenbosch, 7600, SOUTH AFRICA (“DOTPARSE”, “WE”, “US”, OR “OUR”). BY INSTALLING, ACCESSING, OR USING OUR SOFTWARE, SOFTWARE AS A SERVICE, OR ANY RELATED DOCUMENTATION (COLLECTIVELY, “SERVICES”), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, ACCESS, OR USE THE SERVICES.

1. License Grant
Subject to your compliance with this EULA, DotParse grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Services for your personal or internal business purposes.

2. Restrictions
You agree not to:

a. Copy, modify, distribute, or create derivative works based on the Services, except as expressly authorized in this EULA.
b. Rent, lease, sublicense, sell, assign, or otherwise transfer your rights in the Services.
c. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services, except as permitted by applicable law.
d. Remove, alter, or obscure any proprietary notices, labels, or marks on the Services.
e. Use the Services for any illegal, unauthorized, or harmful purpose, or to harass, abuse, or defame others.
f. Interfere with, disrupt, or impair the proper functioning of the Services, including by introducing viruses, worms, or other malicious software.
g. Circumvent, disable, or otherwise interfere with security-related features of the Services.

3. Intellectual Property Rights

The Services and all related intellectual property rights, including but not limited to copyrights, trademarks, and trade secrets, are owned by DotParse or its licensors. All rights, title, and interest in the Services, including any updates, enhancements, or modifications thereto, belong to DotParse or its licensors. This EULA does not grant you any ownership rights in the Services.

4. Privacy
Your use of the Services is subject to our Privacy Policy, which is available at www.dotparse.com/privacypolicy and incorporated herein by reference. By using the Services, you agree to the terms of our Privacy Policy and acknowledge that you have read and understand it.

5. Termination
This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling and ceasing to use the Services. DotParse may terminate this EULA at any time and for any reason, including if you breach any terms of this EULA, if required by law, or if we decide to discontinue the Services. Upon termination, you must immediately cease using the Services and delete all copies of the Services in your possession or control.

6. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DOTPARSE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOTPARSE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DOTPARSE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

8. Indemnification
You agree to indemnify, defend, and hold harmless DotParse, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Services or your breach of this EULA.

9. Governing Law and Dispute Resolution
This EULA shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles. Any disputes arising out of or in connection with this EULA or the Services shall be resolved through good faith negotiations. If such negotiations are unsuccessful, the parties agree to submit the dispute to the exclusive jurisdiction of the courts of South Africa.

10. Changes to this EULA
We may update this EULA from time to time to reflect changes in our Services, applicable laws, or for other reasons. We will notify you of any significant changes by posting the updated EULA on our website or through other appropriate communication channels. Your continued use of the Services following the posting of the updated EULA constitutes your acceptance of the revised terms. If you do not agree to the updated EULA, you must stop using the Services and uninstall any software provided by DotParse.

11. Export Compliance
You acknowledge that the Services may be subject to export control laws and regulations, including but not limited to the United States Export Administration Regulations and applicable laws of other jurisdictions. You agree to comply with all such laws and regulations and not to export, re-export, or transfer the Services, directly or indirectly, to any prohibited country, entity, or individual without the necessary authorizations from the relevant government authorities.

12. Miscellaneous
This EULA constitutes the entire agreement between you and DotParse regarding the subject matter hereof and supersedes any and all prior or contemporaneous agreements, representations, and understandings between the parties. If any provision of this EULA is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any provision of this EULA shall be deemed a further or continuing waiver of such provision or any other provision. DotParse’s failure to enforce any provision of this EULA shall not be deemed a waiver of such provision or any other provision.

13. Contact Information
If you have any questions or concerns about this EULA or the Services, please contact us at:

DotParse Pty Ltd
Bon Esperance Farm, R44
Stellenbosech 7600
South Africa
Email: legal@dotparse.com

14. Third-Party Software
The Services may include or incorporate third-party software, components, or services that are subject to open source or other third-party licenses (“Third-Party Components”). Your use of such Third-Party Components is subject to their respective terms and conditions. DotParse is not responsible for any third-party components or their performance, and makes no warranties or representations regarding their functionality or compatibility with the Services.

15. U.S. Government End Users
The Services are a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Services with only those rights set forth in this EULA.

For South African Government end users, the Services are provided as “commercial computer software” and “commercial computer software documentation,” and their use, duplication, and disclosure are subject to the terms and conditions of this EULA.

16. Assignment
You may not assign this EULA or any rights or obligations under it without DotParse’s prior written consent. DotParse may assign this EULA and any rights and obligations under it without your consent. Subject to the foregoing, this EULA shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

17. Force Majeure
Neither party shall be liable for any delay or failure in performance (except for payment obligations) due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil disturbances, labor disputes, natural disasters, governmental actions, or interruptions in telecommunications or internet services.

18. Severability
If any provision of this EULA is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to render it valid, legal, and enforceable, while preserving the parties’ original intent to the maximum extent possible.

19. Notices
Any notices or other communications required or permitted under this EULA shall be in writing and shall be deemed given when delivered personally, sent by email to the addresses specified in this EULA or as updated by the parties from time to time, or three (3) days after being mailed by certified or registered mail, postage prepaid, return receipt requested, to the addresses specified in this EULA or as updated by the parties from time to time.

20. Governing Law and Jurisdiction
This EULA and any disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this EULA shall be brought exclusively in the competent courts located in South Africa, and each party hereby consents to the personal jurisdiction and venue thereof.

21. Language
This EULA has been prepared in English, and the English-language version shall control in all respects. Any translations of this EULA into other languages are provided for convenience only and shall not be binding or have any legal effect.

22. No Third-Party Beneficiaries
Except as expressly provided in this EULA, there are no third-party beneficiaries to this EULA.

23. Relationship of the Parties
The parties are independent contractors, and nothing in this EULA shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties. Neither party has any authority to bind the other party or to incur any obligation on behalf of the other party, except as expressly provided in this EULA.

24. Survival
The provisions of this EULA that by their nature should survive termination or expiration of this EULA shall so survive, including but not limited to Sections 3 (Intellectual Property Rights), 5 (Termination), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 20 (Governing Law and Jurisdiction), and 24 (Survival).

25. Entire Agreement
This EULA, together with any other documents or agreements referenced herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether written or oral, relating to the subject matter. This EULA may not be amended or modified except in writing signed by both parties.

26. Waiver
No waiver of any provision of this EULA shall be effective unless it is in writing and signed by the party against whom the waiver is sought to be enforced. No failure or delay by either party in exercising any right or remedy under this EULA shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude any further exercise of that right or remedy.

By installing, accessing, or using the Services, you acknowledge that you have read, understand, and agree to be bound by the terms and conditions of this EULA.

If you have any questions regarding this EULA, please contact us at legal@dotparse.com or at the following address:

DotParse Pty Ltd
Bon Esperance Farm, R44
Stellenbosch, 7600
South Africa

This completes the full End User License Agreement (EULA) for DotParse Pty Ltd.