Terms of Use

Last Updated: May 4, 2021

Last Modified on February 20, 2020

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

Welcome to the Duro Labs, Inc. website (the “Site”). Your access and use of the Site, and the features, products and services provided by Duro Labs, Inc. (“Duro Labs,” “we,” “us,” or “our”) through the Site, but excluding any software, products or services provided by Duro Labs under a separate written agreement, (individually and collectively, the “Service”) is subject to the terms and conditions in this Terms of Use (this “ToU”).

You must agree to this ToU in order to use the Service. If you use the Service, or click to accept or agree to this ToU if presented to you in a user interface for the Service, we will understand this as your acceptance of this ToU and your agreement to all of its terms and conditions. By accepting this ToU or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept this ToU, then you may not use the Service.

 

1. ToU Updates.

Duro Labs may update this ToU at any time, and Duro Labs will post a link to the updated version of this ToU on the Site. You understand and agree that you will be deemed to have accepted the updated ToU if you use the Service after the updated ToU is posted. If at any point you do not agree to any portion of this ToU then in effect, you must immediately stop using the Service.

 

2. Provision of the Service.

You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Service. You acknowledge and agree that Duro Labs may make changes to the Service at any time without notifying you in advance.

 

3. Duro PLM Application.

The following terms and conditions apply to your access and use of Duro Labs’s proprietary software application referred to as the “Duro PLM Application” (the “Application”):

 

3.1 SaaS Services.

a) Grant of License. Duro Labs will provide the person or entity associated with an Account (as defined below) (“Licensee”) and Licensee’s employees, agents and independent contractors who are authorized by Licensee (each, an “Authorized User”), access to and use of the Application via a web browser or desktop application (the “SaaS Services”). Subject to Licensee’s and each Authorized User’s compliance with all of the terms and conditions of this ToU, Duro Labs hereby grants to Licensee and its Authorized Users a non-exclusive, non-sublicensable and non-transferable, limited license to (i) access and use the SaaS Services, solely in connection with Licensee’s own internal business use and benefit in accordance with the Documentation (as defined below); and (ii) copy any written materials delivered by Duro Labs to Licensee from time to time, in any medium, relating to the use and operation of the SaaS Services (the “Documentation”) and distribute such copies within Licensee’s enterprise, only as reasonably necessary to use the SaaS Services in accordance with this Section 3.1(a).

b) Reservation of Rights. This ToU grants Licensee only the right to use the SaaS Services as set forth herein and does not convey or transfer title or ownership of the Application and/or SaaS Services to Licensee. All rights not expressly granted herein are reserved by Duro Labs, and no other licenses are granted herein by implication, estoppel or otherwise.

c) Restrictions. Licensee may not use the SaaS Services, the Application or the Documentation, except as expressly set forth in Section 3.1(a). Licensee shall not, and shall not permit any third party to, (i) copy, modify, duplicate, create derivative works of the SaaS Services, the Application or the Documentation and/or any component thereof; (ii) access, use, distribute, sell, transfer, encumber, sublicense, rent, loan, lend or lease the SaaS Services or the Application, and/or any component thereof to any third party; (iii) reverse engineer, decompile, disassemble or otherwise attempt to discover or directly access the source code or any underlying ideas or algorithms of any portions of the SaaS Services, the Application, the Documentation and/or any component thereof, except to the extent permitted by applicable law; (iv) permit use any of the SaaS Services or the Application by any person who is not an Authorized User; (v) provide temporary access to the SaaS Services to any other party; or (vi) use the SaaS Services or the Application to provide any timesharing service, service bureau, network or any other services for revenue generating purposes.

d) Cooperation. Licensee shall cause its systems administrator and Authorized Users to comply with the terms and conditions of this Section 3.1. Licensee shall cooperate with Duro Labs, and shall render all reasonable assistance requested by Duro Labs in preventing and identifying any use of or access to the SaaS Services, the Application or the Documentation, by Licensee personnel or anyone else, in violation of the terms and restrictions of this Section 3.1.

e) Modification of SaaS Services. Duro Labs may periodically modify the features, components and functionality of the SaaS Services from time to time; provided, however, that Duro Labs will use commercially reasonable efforts to provide Licensee with at least twenty-four (24) hours advance notice of any modification or maintenance of the SaaS Services that is expected to materially affect Licensee’s use of, or ability to access, the SaaS Services. Duro Labs shall have no liability for, or any obligations due to, any changes in Licensee’s hardware, systems or other software which may be necessary to use or access the SaaS Services due to a modification of the SaaS Services provided

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