Cloud End-User License Agreement (EULA) - FileHound

Modified on Wed, 09 Aug 2023 at 09:17 AM

PLEASE READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY BEFORE ACCESSING OR USING THE FILEHOUND CLOUD SUBSCRIPTION SOFTWARE (“SOFTWARE”). THIS EULA IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (“END USER” OR “YOU”) AND ELEMENT3 SOFTWARE LTD (“COMPANY,” “WE,” “US,” OR “OUR”), THE OFFICIAL DEVELOPER OF FILEHOUND, THAT GOVERNS YOUR USE OF THE SOFTWARE. BY ACCESSING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT ACCESS OR USE THE SOFTWARE. YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THIS EULA WHEN YOU ACCESS OR USE THE SOFTWARE.

Definitions

"Software" means the FileHound cloud software product.
"Company" means Element3 Software LTD, Caxton House Hertford England SG13 7TZ United Kingdom. Registered in England and Wales No. 08232150, that is responsible for your information under this EULA.
"End User" or "you" means the person or entity that is registered with FileHound to use the product and/or its associated services.
"Organisation" means an entity for whose benefit you utilise the Software or who owns or otherwise controls the means through which you utilise or access the Software.

License Grant
1. Subject to the terms and conditions of this EULA, FileHound grants to the User a non-exclusive, non-transferable License to use the Software and Service for the term of the subscription purchased by the User.
2. The License is limited to the number of users specified in the subscription purchased by the User.
3. The license is for the use of the Software as a service (SaaS) and does not constitute a transfer of ownership.
Subscription Term and Renewal
1. Your subscription term will begin on the date you subscribe to the Software and will continue for the term specified in your subscription plan. Your subscription will automatically renew for successive periods equal to your initial subscription term unless you cancel your subscription prior to the end of the current term.
Restrictions
1. You shall not use the Software for any purpose other than as expressly set forth in this EULA.
2. You shall not, and shall not permit any third party to, copy, modify, distribute, sell, lease, sublicense, or transfer the Software, or any portion thereof, to any other person or entity.
3. You shall not use the Software in any manner that could damage, disable, overburden, or impair the Software, or interfere with any other party's use and enjoyment of the Software.
4. You shall not use the Software to engage in any illegal or unauthorised activities, including but not limited to the following:
5. Transmitting, distributing, or storing any material in violation of any applicable law or regulation, including but not limited to, material that is infringing, obscene, defamatory, or violates any person's privacy rights;
6. Transmitting, distributing, or storing any material that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system, data, or personal information;
7. Accessing or attempting to access any account or computer system without authorisation, or engaging in any activity that interferes with the performance of the Software or any other network or computer system; and
8. Using the Software to conduct any activity that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable law or regulation.
9. You shall not use the Software to download, store, or distribute any material that is pornographic, sexually explicit, or otherwise offensive or inappropriate.
10. You shall not use the Software to send spam or unsolicited messages, or to conduct any other form of unsolicited communication.
11. Use the FileHound Document Management Cloud Subscription Software (SaaS) to infringe any intellectual property or other proprietary rights of any third party;
12. Use the Software for any purposes other than those permitted under this EULA.
Term and Termination
1. This EULA is effective until terminated. The Company may terminate this EULA at any time if you violate any of its terms. Upon termination, you must immediately cease using the Software and destroy all copies of the Software in your possession.
Ownership
1. The Software is owned by the Company and its licensors and is protected by copyright laws and international treaty provisions. You acknowledge that the Software and its structure, organisation, and source code constitute valuable trade secrets of the Company and its licensors.
Updates and Upgrades
1. The Company reserves the right to update or upgrade the Software at any time without notice.
Third-Party Components
1. The Software may contain third-party components that are subject to additional terms and conditions. You agree to comply with any such terms and conditions.
Disclaimer of Warranty
1. 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 COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability
1. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law and Jurisdiction
1. This EULA shall be governed by and construed in accordance with the laws of England and Wales. The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Entire Agreement
1. This EULA constitutes the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Changes to this EULA
1. The Company may revise this EULA at any time without notice by updating this posting. By using the Software, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current EULA to which you are bound.
Notices
1. FileHound includes the following Open Source Software (OSS) components that are used to provide various functionalities within the system. As these OSS components are licensed under various licenses, it is important for users of FileHound to review and comply with the terms and conditions of each license:
2. Elasticsearch - This is a distributed search and analytics engine that is used for full-text search, structured search, and analytics. Elasticsearch is licensed under the Elastic License, which is a source-available license that includes some restrictions on usage and distribution: https://www.elastic.co/licensing/elastic-license
3. Zeebe - This is a workflow engine that is used for orchestrating microservices and other distributed systems. Zeebe is licensed under the Zeebe Community License v1.0, which is a permissive license: https://camunda.com/legal/terms/cloud-terms-and-conditions/zeebe-community-license-v1-0
4. Tesseract - This is an optical character recognition (OCR) engine that is used for converting images of text into machine-readable text. Tesseract is licensed under the Apache License 2.0, which is a permissive license: https://github.com/tesseract-ocr/tesseract/blob/main/LICENSE
5. PDF.js - This is a JavaScript library that is used for displaying PDF documents in web browsers. PDF.js is licensed under the Apache License 2.0, which is a permissive license: https://github.com/mozilla/pdf.js/blob/master/LICENSE
6. FileHound has not made any modifications or changes to the license key functionality, nor removed or obscured any functionality in the software that is protected by the license key. Additionally, FileHound has not altered, removed, or obscured any licensing, copyright, or other notices associated with the open source software components used in the product. We are committed to upholding the integrity of the open source software ecosystem and complying with all applicable license terms and conditions, and we take our responsibilities as a software developer and distributor seriously.

In summary, this Cloud End-User License Agreement (EULA) outlines the terms and conditions that govern your use of the FileHound cloud subscription software. As the end user, you are responsible for adhering to the restrictions outlined in the agreement, which include not copying, modifying, or distributing the software, and not engaging in any illegal or unauthorised activities while using the software. The company, Element3 Software LTD, owns the software and its licensors, and provides no warranty or liability for any damages that may result from the use of the software. By using the software, you agree to be bound by the terms of this EULA.

‍‍Review of this Policy

This Cloud End-User License Agreement (EULA) will be under regular review, and any updates will be published to the FileHound Knowledge Base and/or placed on the FileHound website (www.filehound.co.uk). The last review of this policy was conducted in May 2023.