This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a legal entity) and Dukanor, LLC (“Dukanor”), an e-commerce SaaS company located in the Commonwealth of Virginia, for the software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“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.

1. GRANT OF LICENSE

Dukanor grants you a non-exclusive, non-transferable, limited right to use the Software, provided that you comply with all terms and conditions of this EULA.

2. RESTRICTIONS

You may not: (i) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software; (ii) rent, lease, lend, or provide commercial hosting services with the Software; (iii) distribute copies of the Software or transfer the Software to any third party; (iv) use the Software to operate a service bureau or for any other commercial purpose; or (v) remove any proprietary notices or labels on the Software.

3. OWNERSHIP

The software is licensed, not sold. Dukanor retains all ownership and intellectual property rights in the Software and any copies thereof.

4. TERMINATION

This EULA is effective until terminated. You may terminate this EULA at any time by destroying all copies of the Software in your possession or control. Dukanor may terminate this EULA if you fail to comply with any term or condition of this EULA. Upon termination, you must destroy all copies of the Software.

5. DISCLAIMER OF WARRANTY

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT DUKANOR OR AN AUTHORIZED REPRESENTATIVE OF DUKANOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

6. LIMITATION OF LIABILITY

IN NO EVENT WILL DUKANOR BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF DUKANOR OR AN AUTHORIZED REPRESENTATIVE OF DUKANOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GOVERNING LAW.

This EULA shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law.

8. ENTIRE AGREEMENT.

This EULA constitutes the entire agreement between you and Dukanor and supersedes all prior or contemporaneous understandings or agreements, whether oral or written. This EULA may not be modified except in writing signed by you and an authorized representative of Dukanor. If any provision of this EULA is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

9. THIRD PARTY SOFTWARE.

The Software may include software or components licensed by third parties, including open-source software. Any such third-party software is provided to you under the terms of the license applicable to such software, which may be found in the documentation or other materials accompanying the Software.

10. EXPORT RESTRICTIONS.

You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

11. U.S. GOVERNMENT RESTRICTED RIGHTS.

The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Dukanor, Commonwealth of Virginia, USA.

12. PAYMENT PROCESSING.

Dukanor processes payments on behalf of the businesses that use its platform. By using the Software, you agree to the payment processing terms and conditions as set forth by Dukanor and any payment gateway processor that Dukanor chooses to work with.

By accepting this EULA, you acknowledge that you have read and understand this agreement
and agree to be bound by its terms and conditions.

This EULA was last updated on Dec 19, 2022.