End-User License Agreement (EULA)
This End-User License Agreement ("Agreement") is a legal agreement between Synergistik dba West OilCo ("Licensor") and its employees ("Licensee") who are authorized to use the internal application CFLex3-QB Sync ("App") solely for company operations.
1. Grant of License
Licensor grants Licensee a non-exclusive, non-transferable, and revocable license to use the App strictly for internal business purposes. This license is subject to the terms and conditions outlined in this Agreement.
2. Restrictions
Licensee agrees to:
Use the App solely for company operations.
Maintain the integrity and confidentiality of the App.
Licensee must not:
Copy, modify, distribute, or create derivative works of the App.
Reverse engineer, decompile, or attempt to extract the source code of the App.
Share or provide access to the App with unauthorized individuals or third parties.
Use the App for any purpose outside of the scope of company operations.
Any breach of these restrictions constitutes grounds for immediate termination of employment. Furthermore, if evidence of theft or fraudulent activity is identified, such violations will be referred to the appropriate law enforcement authorities. Additionally, the Licensor reserves the right to pursue civil legal remedies if the breach permits such action under applicable law.
3. Ownership
The App, including all intellectual property rights, remains the sole property of Licensor. This Agreement does not grant any ownership rights to Licensee.
4. Confidentiality
Licensee acknowledges that the App contains confidential and proprietary information of Licensor. Licensee agrees to:
Maintain the confidentiality of the App and its associated materials.
Only share information from the App with the customer in the course of business operations.
Any unauthorized disclosure or misuse of confidential information is strictly prohibited and will result in immediate termination of employment. Violations may also result in criminal prosecution or civil litigation.
4.1 Prohibition of Screenshots and Photography
Capturing screenshots or using any device to photograph any part of the App is strictly prohibited. Such actions are considered a breach of confidentiality and will result in immediate termination of employment. Violations may also result in criminal prosecution or civil litigation.
4.2 Unauthorized Viewing
Licensee shall not permit any unauthorized person to view or access the App or the device on which it is installed. Allowing unauthorized access is a breach of confidentiality and will result in immediate termination of employment. Violations may also result in criminal prosecution or civil litigation.
5. Security Obligations
Licensee is responsible for safeguarding their login credentials and ensuring the security of the device on which the App is installed. Reports of suspected breaches, unauthorized access, or data vulnerabilities must be made promptly within 24 hours via email to james@sellsoil.com, with the assigned supervisor CC'd. Sharing login credentials or failing to report breaches constitutes a violation of this Agreement and may result in disciplinary action, including termination of employment.
Suspected data breaches include, but are not limited to, unauthorized access, data leaks, or security vulnerabilities such as repeated failed login attempts, unpatched software components, or unauthorized installations. If no response is received within 24 hours, the incident must be escalated to the IT department, which will confirm receipt and provide guidance within one business day.
6. Termination
This Agreement is effective until terminated. Licensor reserves the right to terminate this Agreement at any time if Licensee breaches its terms. Termination triggers include, but are not limited to:
Termination of employment.
Misuse of the App or any associated information.
Violation of confidentiality or security obligations as outlined in this Agreement.
Granting unauthorized access to the App or the device on which it is installed.
Upon termination, Licensor may immediately revoke Licensee’s access to the App, disable the App on the device, and notify the employee via email, formal written communication, or through the company's human resources department. Notifications will include reasons for termination and any necessary follow-up actions. Additional measures necessary to protect proprietary information may also be implemented. Violations leading to termination may result in criminal prosecution or civil litigation.
7. Disclaimer of Warranties
The App is provided "as is" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, or compatibility with specific devices. Licensor does not guarantee that the App will meet all requirements, operate error-free, or remain free from defects or security vulnerabilities.
8. Limitation of Liability
In no event shall Licensor be liable for any damages arising out of or related to the use or inability to use the App, including but not limited to direct, indirect, incidental, special, or consequential damages.
9. Reporting Performance Issues
Licensee must notify the designated IT email (james@sellsoil.com) and their assigned supervisor within 72 hours of identifying any performance issues with the App that impact company operations. Examples of performance issues include, but are not limited to, system crashes, slow response times, data inaccuracies, or functionality errors. Failure to report such issues in a timely manner may result in corrective action.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado.
11. Amendments
Licensor reserves the right to update or amend this Agreement at any time. Significant changes include, but are not limited to, modifications affecting user obligations, data handling policies, or security protocols. Determination of whether changes are significant will be made by the company's HR or legal department. Licensee will be notified of these changes through email, a notice within the App, or other methods, and such notifications may use more than one method.
12. Acknowledgment
By using the App, Licensee acknowledges that they have read this Agreement, understand it, and agree to be bound by its terms. Additionally, upon hiring, Licensee will be required to sign a physical or digital acknowledgment form specifically referencing this EULA and related company policies as a condition of employment with West OilCo or any subsidiary of Synergistik. This signed acknowledgment will be retained for company records. In the event of significant updates to this Agreement, Licensee will be required to re-sign the acknowledgment, and notification of this requirement will be communicated through email or HR notice, to maintain continued access to the App.
IN WITNESS WHEREOF
This Agreement may also be presented digitally within the App, where the Licensee’s acceptance constitutes agreement to its terms. For company onboarding, this document will also be provided in a physical format requiring a signature.
Synergistik dba West OilCo
Authorized Representative: ________________________________
Date: ____________________