SaaS Entry License Agreement

Revised: July 8, 2025 (older version)

Before requesting SaaS Entry License to use Flexmonster Software, please read this SaaS Entry License Agreement (“Agreement”) carefully and make sure you understand it. This Agreement is a legal document that sets out your rights and obligations in connection with your use of Flexmonster Software. If you: (i) do not have the legal capacity or authority to enter into this Agreement, or (ii) do not agree with the terms and conditions of this Agreement, or (iii) do not fully understand it, you may not submit SaaS Entry License Order Confirmation on Flexmonster Website, download, install, and/or use Flexmonster Software in whole or in part.

By submitting SaaS Entry License Order Confirmation after qualification of your SaaS Application for SaaS Entry License, you acknowledge that (i) you have read and agreed to be bound by, and require each of your Representatives, clients and/or end-users, as the case may be, to be bound by, all the terms and conditions of this Agreement; (ii) the individual, who has submitted SaaS Entry License Order Confirmation is acting as Representative of Licensee and has the authority to bind Licensee to accept the terms and conditions of this Agreement.

1. PARTIES

1.1. Flexmonster Software is provided to you by North American Resellers LLC, a company incorporated under the laws of Florida, with its address at 848 Prospect St, Suite C, La Jolla, CA 92037, USA, hereinafter referred to as “Flexmonster”. All references to “us”, “we” and “our” in this Agreement are references to Flexmonster.

1.2. By becoming a party to this Agreement as a licensee (“Licensee”), whether as an individual or a legal entity, you agree to the following conditions:

a) acting as an individual, you confirm to us that you have the legal capacity to enter into and perform this Agreement;

b) acting on behalf of a legal entity, you confirm to us that you have the authority to act on behalf of that entity and that that entity agrees to enter into and perform this Agreement;

c) you certify that you are not included in any list of the sanctioned or ineligible parties maintained by the United States, the European Union, the United Kingdom, or any other relevant jurisdiction. Furthermore, you confirm that you are neither owned nor controlled, directly or indirectly, by an individual or entity on any such list. For purposes of this provision, “owned” and “own” mean an interest of fifty (50) percent or more, and “control” means the right or ability to dictate the decisions, actions, and/or policies of an entity or its management;

d) you affirm that you are not subject to any export laws and regulations of the United States or any other relevant jurisdiction, sanctions, or other trading compliance restrictions that would limit or prohibit your right to download, install, and/or use Flexmonster Software in accordance with this Agreement; and

e) you agree to stop using Flexmonster Software immediately if any of mentioned circumstances in subclauses (a)-(d) hereabove change.

All references to “you” and “your” in this Agreement are references to Licensee.

2. DEFINITIONS

2.1. “Confidential Information” means all information provided to a receiving party and related to or in connection with the business of the disclosing party, including, but not limited to, technical and financial information, pricing and terms, customer and employee information, know-how, trade secrets and all other information containing or reflecting such information, which is disclosed in writing, orally, graphic, machine-readable or other tangible form, or by inspection and is identified as “Confidential” or “Proprietary” or which a receiving party has reason to believe are treated as confidential by disclosing party. Any information, in whatever form, disclosed by Flexmonster that relates to Flexmonster Software, Development Key, License Keys, Proprietary Code, and that is not publicly known is “Confidential Information”.

2.2. “Delivery Date” means the date on which Flexmonster Software and Development Key are delivered to you.

2.3. “Development Key” means License Key tied to you and your SaaS Application.

2.4. “Documentation” means user manuals, software descriptions and specifications, technical manuals, supporting materials and other information and documentation provided or made accessible to you along with Flexmonster Software and/or available at Flexmonster Website.

2.5. “Flexmonster Software” means a fully featured, non-watermarked version of our proprietary software product developed by us alongside Proprietary Code, other content constituting a web reporting tool for data analysis and visualization under the name “Flexmonster”, and any related additional components, including but not limited to Flexmonster Pivot Table & Charts, Flexmonster Data Server, Flexmonster Admin Panel, Flexmonster Accelerator, Flexmonster MongoDB Connector, software updates, error corrections, and/or Documentation provided by us and made available to you under this Agreement through Flexmonster Website, Flexmonster CLI, Flexmonster CDN (cdn.flexmonster.com), Flexmonster npm (https://www.npmjs.com/~flexmonster) and Flexmonster NuGet (https://www.nuget.org/profiles/flexmonster/) or provided to you by our Representatives via electronic mail in non-source code form only.

2.6. “Flexmonster Website” means the website available at https://www.flexmonster.com/.

2.7. “License Key” means a unique sequence of characters, including letters, numerical digits, and/or symbols, in the form of a string that enables you to use Flexmonster Software during Validity Period. Once License Key is issued to you, it cannot be revoked, transferred to another domain, or terminated.

2.8. “Maintenance” means Flexmonster Software low priority support and Updates as described in Article 5 of this Agreement.

2.9. “Open-Source Components” means any software component that is subject to any open-source copyright license agreement, obligation, restriction, or license agreement that substantially conforms to the Open Source Definition as prescribed by the Open Source Initiative (https://opensource.org/osd).

2.10. “Proprietary Code” means the JavaScript files constituting Flexmonster Pivot Table & Charts that are provided in the obfuscated form (i.e., intentionally arranged or configured to increase the difficulty of understanding) and the parts of Flexmonster Software provided in the binary form, including Flexmonster Data Server, Flexmonster Admin Panel and Flexmonster Accelerator, Flexmonster MongoDB Connector.

2.11. “Representative” means, in relation to the party, directors, officers, employees, civil contractors, agents, advisers, accountants, and consultants.

2.12. “SaaS Application” means a specific SaaS application (meaning a cloud-based or off-premises software application designed to be used by multiple clients and/or end-users) developed by you, as specified in SaaS Entry License Request or in the relevant Notice to us. After obtaining SaaS Entry License under the terms and conditions of this Agreement such SaaS Application shall include or incorporate Flexmonster Software, in whole or in part.

2.13. “SaaS Entry License Order Confirmation” means a required form that confirms that (i) you have ordered SaaS Entry License and (ii) you have read and agree to the terms and conditions of this Agreement. We provide the link to such a form only after your SaaS Application is qualified for SaaS Entry License.

2.14. “SaaS Entry License Request” means your request for qualification of your SaaS Application for SaaS Entry License and subsequent obtaining of SaaS Entry License. This request may, among other information that we may additionally require, specify the following: (i) the name of your SaaS Application, (ii) production SaaS domain URL and (iii) dev/staging/QA domain(s)/subdomain(s). Such a request may be submitted to us either through Flexmonster Website by completing Flexmonster SaaS Entry License application form or by electronic mail. Submission of the SaaS Entry License Request does not guarantee the automatic granting of SaaS Entry License.

2.15. “Software License Agreement” means the software license agreement that governs the terms and conditions for obtaining licenses other than SaaS Entry License, which is available at https://www.flexmonster.com/software-license-agreement/.

2.16. “Third Party” means individuals, corporations, and entities other than Flexmonster, Licensee, or any of their Representatives.

2.17. “Validity Period” means the period starting from Delivery Date during which Flexmonster Software is available for use by you.

3. GRANT OF LICENSE

3.1. Once your SaaS Application is qualified for SaaS Entry License, you will be required to submit SaaS Entry License Order Confirmation on Flexmonster Website. Upon receipt of your submitted form, we, at our sole discretion, grant you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable, free-of-charge, and royalty-free license to download, install, and/or use Flexmonster Software for any purpose that does not contradict any applicable laws and regulations, as further limited in this Agreement (“SaaS Entry License”).

3.2. The rights that we grant you under SaaS Entry License are subject to the terms of this Agreement, and you may only use SaaS Entry License if you comply with all applicable terms of this Agreement.

3.3. We provide you with SaaS Entry License only in consideration of your compliance with the obligations under this Agreement. You are not obliged to make any payments for using Flexmonster Software under this Agreement.

3.4. This Agreement becomes effective on the date you submit SaaS Entry License Order Confirmation on Flexmonster Website.

3.5. This Agreement remains valid during Validity Period unless terminated earlier in accordance with Article 13 below.

4. SAAS ENTRY LICENSE CONDITIONS

4.1. You may use Flexmonster Software as a component of your SaaS Application for SaaS Application development purposes only. We grant you SaaS Entry License for a specific SaaS Application. You may not use Flexmonster Software in any application other than SaaS Application unless you separately obtained a license from us for that other application under the terms and conditions of Software License Agreement.

4.2. Your use of Flexmonster Software shall be limited to dev/staging/QA domain(s)/subdomain(s) specified in your SaaS Entry License Request or in the relevant Notice to us. Your dev/staging/QA domain(s)/subdomain(s) should at all times be separate and different from your production or demonstration SaaS domain(s)/subdomain(s), should be full (i.e., should not contain any wildcard characters), and it should be obvious from their name(s) that the relevant dev/staging/QA domain(s)/subdomain(s) are used for development purposes.

4.3. Validity Period of SaaS Entry License shall be until SaaS Application reaches the production stage, but in any event no longer than one (1) year unless terminated earlier in accordance with Article 13 below. Validity Period shall not be extended or renewed. You must stop using Flexmonster Software once Validity Period expires. To continue using Flexmonster Software after Validity Period expires, you should obtain a separate license from Flexmonster under the terms and conditions of Software License Agreement.

4.4. The number of your developers that can work with Flexmonster Software under SaaS Entry License is not limited.

4.5. You are entitled to Flexmonster Software’s Maintenance in accordance with Article 5 of this Agreement.

4.6. Commercial, professional, or any other for-profit use of SaaS Entry License of Flexmonster Software, as well as any kind of distribution of Flexmonster Software, is prohibited.

4.7. You may not, directly or indirectly, including through any affiliate, agent, or other Third Party:

(a) use Flexmonster Software in a production environment, which, for purposes of this Agreement, shall include demonstration domain(s)/subdomain(s);

(b) use Flexmonster Software for demonstration purposes, including to present SaaS Application to any Third Parties, including your existing or potential clients;

(c) publish or otherwise make Flexmonster Software available to any other Third Parties, in whole or in part, or in any other form (e.g., under another title or brand name), whether as included or incorporated into SaaS Application or separately, whether for free or commercially, unless otherwise permitted under this Agreement; sublicense, resell, distribute, market, commercialize, rent, lease, or lend Flexmonster Software, in whole or in part, or in any other form (e.g., under another title or brand name), to any other Third Parties without our prior written consent;

(d) de-obfuscate, decompile, hack, reverse engineer, disassemble, decode, or otherwise determine or attempt to determine Proprietary Code or otherwise attempt to extract the non-obfuscated code or source code of Proprietary Code or any part of it and/or determine any part of source code of Flexmonster Software, and/or the algorithms of its work, and agrees not to permit or authorize anyone else to do so;

(e) change, alter, analyze, explore, copy or create any derivative works or improvements of Proprietary Code or otherwise modify Flexmonster Software or its part(s) and agrees not to permit or authorize anyone else to do so without our prior written consent;

(f) use Flexmonster Software to infringe or violate the rights of any Third Party, including any intellectual property, publicity or privacy rights;

(g) use Flexmonster Software in any way that could harm it or impair the use of it by any other lawful user;

(h) use, export or re-export Flexmonster Software to any country, person, entity, client, and/or end-user, in violation of the export laws and regulations of the United States of America or any other relevant jurisdictions; and

(i) enter into any agreement or arrangement or grant any power of attorney or delegate any powers or authority in any form to do any of the matters set out in any of the preceding items,

except as the applicable laws and regulations require that this be permitted or, only in relation to any Open-Source Components included in Flexmonster Software, to the extent as may be permitted by the licensing terms governing the use of such Open-Source Components.

For purposes of clarity, you may customize Flexmonster Software to your needs by modifying the files constituting Flexmonster Software that are not Proprietary Code (e.g., to customize the toolbar, perform a language localization or create custom themes), provided that you comply with the restrictions in relation to Proprietary Code set out in this Agreement.

4.8. You are responsible for abiding by the provisions set forth in this Agreement and ensuring such abidance from its Representatives.

4.9. In case of a breach of this Agreement involving the distribution or use of Flexmonster Software outside the terms of SaaS Entry License, we may retrospectively charge you a fee calculated based on the license model corresponding to the actual use of Flexmonster Software outside the terms of SaaS Entry License using the relevant list prices that Flexmonster charges for use of Flexmonster Software under Software License Agreement. These charges are in addition to any other right or claim that we may have against you.

5. MAINTENANCE

5.1. During Validity Period, Licensee may receive Flexmonster Software’s Updates and low priority support, subject to provisions of this Article.

5.2. Updates are provided on the following terms:

(a) We may (but are not obligated to) modify Flexmonster Software for any reason or without any specific reason, at any time and at our sole discretion. Such modifications may include minor and major updates, changes, alterations, additions, deprecations, etc. of Flexmonster Software or its functionality, and may be made available from time to time through the distribution channels listed in the definition of “Flexmonster Software” in clause 2.5 above as new versions of Flexmonster Software (“Updates”).

(b) If any Updates are made available, such Updates shall be deemed integral parts of Flexmonster Software and shall be subject to the terms and conditions of this Agreement, unless Updates are expressly provided to you under other or additional terms and conditions, in which case, if you accept the associated terms and conditions or download, install and/or use Updates, those other or additional terms and conditions shall apply.

(c) After issuing Updates, we do not guarantee the continuous availability of previous versions of Flexmonster Software. We also reserve the right to disable, discontinue, or delete Flexmonster Software, in whole or in part, excluding Flexmonster Pivot Table & Charts, at any time and at our sole discretion, subject to an advance Notice to your electronic mail address as defined in subclause 14.1.2 to this Agreement.

5.3. Low priority support includes: (i) the provision of technical expertise and/or assistance by us to you for the questions directly related to Flexmonster Software and (ii) fixing the bugs in Flexmonster Software reported by you. Low priority support is provided subject to Flexmonster personnel's availability with no time estimates regarding response time or bug fixing. Detailed conditions of provision of low priority support are provided at https://www.flexmonster.com/low-priority-support/. You accept that the description of low priority support may be, from time to time, amended by us and shall update the terms of low priority support itself by checking the information on the above-mentioned link. You shall be guided with low priority support terms as provided on the above-mentioned link.

5.4. For purposes of this Article, a “bug” means a serious malfunction in Flexmonster Software that causes it to crash or produce invalid output, and which is a direct result of a coding or design error by us. We retain the final discretion to determine whether an issue in Flexmonster Software shall be considered a bug.

5.5. You may provide us with your feedback (e.g., questions, suggestions, comments, ideas or any other types of information) regarding Flexmonster Software, including in connection with low priority support as per clause 5.3 above (“Feedback”). If you provide us with Feedback, you agree that:

(a) you, to the extent allowed by any applicable laws, grant us an exclusive, free-of-charge, royalty-free, worldwide, perpetual, irrevocable, sublicensable, transferable and assignable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, sell, offer to sell, import, and otherwise exploit Feedback, except information provided as Feedback that was clearly marked “CONFIDENTIAL” by you, for any purposes;

(b) we have no obligation to use, consider, reply to, or do any other actions with your Feedback; and

(c) if we use your Feedback in any manner, we are not required to notify, credit or compensate you for your contribution.

6. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

6.1. Your rights to use Flexmonster Software are strictly limited to rights expressly provided by this Agreement.

6.2. Flexmonster Software is licensed, not sold, to you under SaaS Entry License. SaaS Entry License does not grant you any title to or ownership of Flexmonster Software.

6.3. We and our licensors (as applicable) own all rights, title and interest in and to Flexmonster Software, including all copyright and other intellectual property, goodwill or other proprietary rights in Flexmonster Software. No title to or ownership in Flexmonster Software or any associated intellectual property, goodwill or proprietary rights are transferred to you by this Agreement.

6.4. All changes, modifications, upgrades, updates or otherwise of Flexmonster Software performed by us shall remain the sole and exclusive property of us.

6.5. Any pre-existing intellectual property and other content and data that you process using Flexmonster Software under this Agreement shall remain your property.

6.6. Flexmonster Software includes certain components provided under open-source licenses. In this respect, please note the following:

(a) the use of such components is subject to the respective open-source licenses. The list of such components and links to the respective licenses as of the date of this Agreement are specified in Annex No. 1 (Open-Source Components); and

(b) the list of such components may be changed without any prior Notice to you. Please refer to a dedicated page on Flexmonster Website at https://www.flexmonster.com/open-source-components/ for the most relevant list of Open-Source Components included in Flexmonster Software. Please note, however, that we do not undertake to keep the links to the respective licenses updated at all times;

(c) it is solely your responsibility to comply with the relevant license terms of Open-Source Components included in Flexmonster Software.

7. CONFIDENTIALITY

7.1. A party's Confidential Information shall not be deemed to include information that: (i) is or becomes publicly known other than through any act or omission of the receiving party; (ii) was in the other party's lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving party by Third Party without restriction on disclosure; (iv) is independently developed by the receiving party, which independent development can be shown by written evidence; or (v) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body, provided that to the extent practicable and permitted by law, the receiving party shall promptly notify the disclosing party in advance of such requested disclosure and provide the disclosing party with an opportunity to object to such request.

7.2. Each party shall (and shall ensure that each of its Representatives shall) maintain Confidential Information in confidence and not disclose that Confidential Information to any person or its use for purposes not related to the execution or performance of this Agreement. Each party shall treat Confidential Information with at least the same level of care and confidence as its own.

7.3. Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any Third Party, provided that such party has taken reasonable steps to protect and avoid the loss, destruction, alteration or disclosure of such Confidential Information.

7.4. You shall be liable to us for any unauthorized use, transfer or disclosure of Confidential Information by you.

8. GOVERNING LAW AND JURISDICTION

8.1. This Agreement is governed by the laws of the State of Florida, without regard to any conflict of law principles to the contrary. The United Nations Convention for the International Sale of Goods or any successor to it does not apply to this Agreement.

8.2. You hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts located in the State of Florida with respect to any dispute regarding this Agreement or Flexmonster Software.

8.3. If any applicable mandatory laws prohibit a dispute under this Agreement from being resolved under the laws of the State of Florida and/or by the courts located in the State of Florida, the rules of such mandatory laws shall apply.

9. DISCLAIMER

WE PROVIDE FLEXMONSTER SOFTWARE “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND OR ANY OTHER PROMISES ABOUT IT. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, INSTALLATION AND/OR USE OF FLEXMONSTER SOFTWARE.

WITHOUT LIMITING THE PARAGRAPH ABOVE, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS (EXPRESS, IMPLIED, ORAL AND WRITTEN) WITH RESPECT TO FLEXMONSTER SOFTWARE, INCLUDING WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.

WE DO NOT GUARANTEE THAT FLEXMONSTER SOFTWARE CAN BE: (I) INTEGRATED INTO YOUR PRODUCT HOSTED ON ANY COUNTRY CODE TOP-LEVEL DOMAINS (CCTLDS), (II) ACCESSED THROUGH A SPECIFIC INTERNET PROVIDER, OR (III) AVAILABLE IN ALL GEOGRAPHIC LOCATIONS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR DEALERS, RESELLERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY.

The above limitations, for example, mean that we shall not be liable before you in case Flexmonster Software will not:

(a) meet your requirements (whether known or not to us); or

(b) be reliable or free of any bugs, errors or other defects.

Some of the above exclusions and limitations may not apply to you in whole or in part, as some jurisdictions do not allow the exclusion of certain warranties or limitations on the applicable statutory rights of a consumer.

We reserve the right to terminate your access to Flexmonster Software at any time, without Notice, for any reason whatsoever.

10. LIMITATIONS OF LIABILITY

IN ANY EVENT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, ENHANCED OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF OPPORTUNITY, BUSINESS INTERRUPTION OR THE LIKE, ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH:

(a) THIS AGREEMENT;

(b) DOWNLOADING, INSTALLATION, AND/OR USE OF FLEXMONSTER SOFTWARE;

(c) INABILITY TO DOWNLOAD, INSTALL, AND/OR USE FLEXMONSTER SOFTWARE, INCLUDING AS A RESULT OF THE EXECUTION OF ANY OF OUR RIGHTS UNDER THIS AGREEMENT;

(d) TERMINATION OF YOUR ACCESS TO FLEXMONSTER SOFTWARE FOR ANY REASON WHATSOEVER; OR

(e) ANY OTHER MATTER RELATING TO FLEXMONSTER SOFTWARE,

IN EACH CASE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF REMEDIES SET OUT IN THIS AGREEMENT ARE FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

OUR ENTIRE LIABILITY FOR DAMAGES PURSUANT TO ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE DOLLAR (U.S. $1).

FOR PURPOSES OF THIS ARTICLE 10, “WE” AND “OUR” INCLUDES FLEXMONSTER'S EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, SUCCESSORS, ASSIGNS AND OTHER REPRESENTATIVES.
NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

11. INDEMNIFICATION

11.1. You agree to indemnify, defend (or, where applicable, pay the defense costs for) and hold harmless each of us, our employees, officers, directors, agents, contractors, successors, assigns and other representatives from and against all claims, suits, demands, actions, losses, liabilities, and expenses (including attorneys' and other professional fees, costs, and expert witnesses' fees) that result or arise from or in connection with your downloading, installation and/or use of Flexmonster Software, your breach of any terms and conditions of this Agreement, including but not limited to clause 1.2 of this Agreement, or your use of Flexmonster Software in violation of any applicable laws or regulations, whether by you directly or with your knowledge and/or active assistance.

12. MODIFICATIONS

12.1. We may update this Agreement at any time at our discretion by reasonable Notice to you in accordance with clause 14.2, including by posting the updated Agreement on Flexmonster Website. If any amendment to this Agreement is not acceptable to you, you may terminate this Agreement according to clause 13.2 below. Your continued use of Flexmonster Software will demonstrate your acceptance of the amended Agreement. The modified terms and conditions of this Agreement will become effective upon posting the updated Agreement on Flexmonster Website or if we notify you by email, as stated in the email message. It is your responsibility to check Flexmonster Website regularly for modifications to this Agreement. We last modified this Agreement on the date listed at the beginning of this Agreement.

13. TERMINATION

13.1. Without limiting any of our other rights, this Agreement will terminate automatically without Notice if you fail to comply with any of terms and conditions of this Agreement or obtain a license from us for SaaS Application under the terms and conditions of Software License Agreement.

13.2. You may terminate this Agreement at any time by advance Notice in writing to us.

13.3. We, at our sole discretion, have the right to terminate this Agreement immediately at any time and with or without cause, subject to an advance Notice to your electronic mail address as defined in subclause 14.1.2 to this Agreement.

13.4. In case of termination of this Agreement for any reason:

(a) SaaS Entry License automatically terminates;

(b) you may no longer exercise any of the rights granted to you under this Agreement;

(c) you agree and undertake, without any delay and at your own expense, to cease all use of Flexmonster Software, and to destroy all copies of Flexmonster Software, Development Key, and any other License Keys in your possession or under your control issued by us for SaaS Application and provide us immediately with a written certification signed by an authorized representative, certifying that you have destroyed all copies of Flexmonster Software, Development Key, and any other License Keys and that all use of Flexmonster Software by you has been discontinued; and

(d) we shall not be liable to you or any Third Party for termination of access to Flexmonster Software.

13.5. Any provision of this Agreement that expressly or by implication should come into effect or continue in force on or after termination or expiry of this Agreement shall remain in full force and effect.

14. NOTICES

14.1. All notices, consents, approvals, requests, claims, demands, notifications and other communications related to the terms and conditions of this Agreement and the provision of SaaS Enter License (collectively referred to as “Notices”) shall be in writing and in English, and shall be delivered by electronic mail to the respective parties as follows:

14.1.1. Flexmonster - notices@flexmonster.com;

14.1.2. Licensee - at the electronic mail addresses and contact information provided by you when submitting SaaS Entry License Order Confirmation or as specified in your Notice to us, or by responding to your Notice.

14.2. Notwithstanding the abovementioned, we may make Notices regarding changes to SaaS Entry License, and/or low priority support descriptions, and/or Documentation either by posting on Flexmonster Website or by electronic mail.

14.3. Any Notice or communication shall be deemed to have been received if sent by electronic mail at 9.00 am on the next Business Day after transmission. In this paragraph, “Business Day” means a day other than Saturday, Sunday, or a public holiday in the United States of America when banks in the United States of America are open for business.

15. ASSIGNMENT

15.1. This Agreement shall be binding upon and inure to the benefit of the parties and their successors, legal representatives, and permitted assigns. You shall not, without our prior written consent, assign, transfer, charge, sub-contract, or deal in any other manner with all or any of its rights or obligations under this Agreement. Any unauthorized assignment or delegation by you is void. We may at any time assign, transfer, charge, sub-contract, or deal in any other manner with all or any of its rights or obligations under this Agreement to any person or entity at any time without your consent.

16. WAIVER

16.1. Neither a delay nor a failure of either party to enforce any of the provisions of this Agreement shall be interpreted or construed to be a waiver of that party to enforce the same or any other provision hereof.

17. PUBLICITY

17.1. You authorize us to publicly identify you as a customer and user of Flexmonster Software. This authorization includes the right to reproduce and display your name, trademarks, and logo on Flexmonster Website and other promotional and marketing materials for the purpose of identifying our relationship with you.

18. OTHER TERMS

18.1. This Agreement shall not be construed as creating a joint venture, partnership or the like. Neither party shall act or be deemed to act on behalf of the other party or have the right to bind the other party.

18.2. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in any respect under the law of any jurisdiction, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in this Agreement but without invalidating any of the remaining provisions of this Agreement.

18.3. This Agreement, including its modifications, or other documents, additionally agreed by parties, constitutes the sole and entire agreement of parties with respect to the subject matter hereof and supersedes any prior oral or written promises or agreements. There are no promises, covenants, or undertakings other than those expressly set forth in this Agreement. This Agreement can be supplemented or superseded by a mutually agreed-upon written agreement. All additional documents to this Agreement shall be considered valid only if executed by both parties.

18.4. You agree that this Agreement does not confer any rights or remedies on any person other than the parties to this Agreement.

18.5. The Articles' headings used in this Agreement shall not affect the interpretation of this Agreement.

18.6. The words including and include used in this Agreement mean including without limitation and include without limitation, respectively.

18.7. If there is an inconsistency between any of the provisions in this Agreement or other related documents, the provisions in this Agreement shall prevail except where we expressly agree otherwise in writing. No terms or conditions in your request or confirmation documentation shall be incorporated into or form any part of this Agreement and all such terms and conditions shall be null and void.

Annex No. 1 (Open-Source Components)
to SaaS Entry License Agreement

This Annex No. 1 to SaaS Entry License Agreement constitutes an integral part of it.

We use certain Open-Source Components in Flexmonster Software. Here are the lists of these libraries and links to their respective licenses for each part of Flexmonster Software as of the date of this Agreement:

Flexmonster Pivot Table & Charts:

Flexmonster Data Server:

Flexmonster Admin Panel:

Flexmonster Accelerator:

Flexmonster MongoDB Connector:

Please click here to access the most current list of Open-Source Components.