IMPORTANT – READ CAREFULLY: This End User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Eklipse (hereinafter referred to as “Licensor” or “Eklipse”) for the use of Eklipse software, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (the “Software”). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software.
Eklipse 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 modifications made thereto) are and shall remain the property of Eklipse.
Eklipse reserves the right to grant licenses to use the Software to third parties.
This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Software and destroying all copies of the Software in your possession. This EULA will terminate immediately if you fail to comply with any of its terms or conditions. Upon termination of this EULA, you must cease all use of the Software and destroy all copies of the Software in your possession.
Eklipse may provide support and maintenance services for the Software at its sole discretion. Eklipse is not obligated to provide any support or maintenance services for the Software.
Certain services are paid services. This section explains how we handle payments for those paid services. For certain paid services, such as domain registrations and subscriptions, we will automatically charge you periodically (such as monthly or annually) unless you cancel your subscription. You can cancel your subscription at any time through your account payment settings; Log in to your Account > Account Settings> Premium Plan> Cancel. If you need assistance with canceling your subscription, please contact our customer support team via email at email@example.com and they will guide you through the process. Please note that canceling your subscription will not result in a refund of any fees already paid.
THE SOFTWARE 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. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Eklipse OR ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF Eklipse OR ANY OF ITS AFFILIATES, SUPPLIERS, OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any dispute arising out of or in connection with this EULA, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of one arbitrator to be appointed by the Chairman of the SIAC. The language of the arbitration shall be English.
The parties agree that the award of the arbitral tribunal shall be final and binding upon them. Judgment upon the award may be entered in any court having jurisdiction thereof.
Notwithstanding the foregoing, either party may seek interim relief or injunctive relief from any court of competent jurisdiction in Singapore.