APP EULA

END USER LICENSE AGREEMENT FOR QUICKBOOKS APP Invoices to ShipStation FROM NET THEORY, INC.

PLEASE READ THIS END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE INSTALLING OR USING THE QUICKBOOKS APP (“APP”). BY INSTALLING OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE APP.

  1. LICENSE GRANT. Subject to the terms and conditions of this Agreement, the licensor of this App (“Licensor”) grants you a limited, non-exclusive, non-transferable, revocable license to use the App solely for your personal or business purposes in accordance with the documentation provided with the App.
  2. RESTRICTIONS. You may not: (a) copy, modify, or distribute the App; (b) transfer, sublicense, lease, lend, or rent the App to any third party; (c) reverse engineer, decompile, or disassemble the App; (d) make the App available over a network where it could be used by multiple devices at the same time; (e) remove any proprietary notices or labels on the App; (f) use the App for any illegal purpose or in any manner that violates any applicable law or regulation; (g) use the App to infringe upon any person’s intellectual property rights or to harass, abuse, or harm any person; (h) use the App to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature; (i) use the App to violate the privacy of others; (j) use the App to gain unauthorized access to any computer system or network; or (k) use the App in any manner that could interfere with any other party’s use and enjoyment of the App.
  3. OWNERSHIP. The App is owned and copyrighted by Licensor. Your license confers no title or ownership in the App and should not be construed as a sale of any rights in the App.
  4. TERM AND TERMINATION. This Agreement and the license granted hereunder are effective on the date you install or use the App and continue until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the App, and destroy all copies, full or partial, of the App.
  5. DISCLAIMER OF WARRANTIES. THE APP IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.
  6. LIMITATION OF LIABILITY. IN NO EVENT SHALL LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE APP (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR’S LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID BY YOU FOR THE APP.
  7. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the state of [INSERT STATE], without giving effect to any principles of conflicts of law. Any dispute arising under or relating to this Agreement shall be resolved exclusively by the state and federal courts located in New York, and the parties hereby consent to the personal jurisdiction of such courts.
  8. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between you and Licensor with respect to the App and supersedes all prior or contemporaneous understandings regarding such subject matter. This Agreement may not be amended, modified, or supplemented except in writing signed by both parties.
  9. ACKNOWLEDGMENT. BY INSTALLING OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND LICENSOR, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND LICENSOR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.