EULA License

TrackMe Limited (TrackMe) EULA

End-User License Agreement (“Agreement”)

Our EULA was last updated on 9 April 2024

We provide the Application, also known as TrackMe. In this Agreement, you means the person or entity using the Application. If you are agreeing to this Agreement not as an individual but on behalf of your company, government, or other entity for which you are acting (for example, as an employee or governmental official), then you means your entity and you are binding your entity to this Agreement.

Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using TrackMe, Data Tracking system for Splunk.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

  • “Agreement” means this End-User License Agreement that forms the entire agreement between you and the Company regarding the use of the Application.

  • “Application” means the software program provided by the Company downloaded by You through an Application Store’s account to a device, named TrackMe, Data Tracking system for Splunk.

  • “Application Store” or “Splunk Base” means the digital distribution service operated and developed by Splunk Inc. (“Splunk”) by which the Application can be downloaded to your Splunk Enterprise or Splunk Cloud environment.

  • “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to TrackMe Limited, U.K.

  • “Consequential Loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

  • “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • “Country” refers to: United Kingdom.

  • “Third-Party Services” means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

Acknowledgment

By clicking on “Agree to Download” button in SplunkBase Website, or downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click on the “Agree to Download” button in SplunkBase Website, do not download or do not use the Application.

You must be at least 16 years old to use the Application.

This Agreement is a legal document between you and the Company and it governs your use of the Application made available to you by the Company.

This Agreement is between you and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content.

The Application is licensed, not sold, to you by the Company for use strictly in accordance with the terms of this Agreement.

We may amend this Agreement at any time, by providing written notice to you, unless otherwise stated in this Agreement. By clicking “I accept” or continuing to use the Application after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Agreement. If you do not agree to the amendment, you may cease accessing the Application.

License

Scope of License

Subject to your compliance with this Agreement, the Company grants you a revocable, non-exclusive, non-transferable, royalty free, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement. All other uses are prohibited without our prior written consent.

You may only use the Application on a device that you own or control and as permitted by the Application Store’s terms and conditions.

License Restrictions

When using the Application, you agree not to, and you will not permit others to:

  • do or attempt to do anything that is unlawful or inappropriate;

  • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

  • use the Application to defame, harass, threaten, menace or offend any person, including using the Application to send unsolicited electronic messages;

  • tamper with or modifying the Application (including by transmitting viruses and using trojan horses);

  • use data mining, robots, screen scraping or similar data gathering and extraction tools on the Application;

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party; or

  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights (Our Intellectual Property) are, and shall remain, the sole and exclusive property of the Company.

We authorise you to use Our Intellectual Property solely for your limited commercial use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party.

You must not, without our prior written consent:

  • (a) copy, in whole or in part, any of Our Intellectual Property;

  • (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

  • (c) breach any intellectual property rights connected with the Application, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with notice and without liability to you.

Updates to the Application

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

The Company provides maintenance and support for licensed customers, customers using the Free community edition are not entitled to any maintenance or support, To the extent that any maintenance or support is required by applicable law, the Company, shall be obligated to furnish any such maintenance or support.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services. To the maximum extent permitted by law, we shall have no liability for any Third-Party Services, or any unavailability of the Application due to a failure of the Third-Party Services.

Our solution use a number of third party components, which are documented at the following address: https://docs.trackme-solutions.com/latest/third_party_credits.html

By using our product, you also agree to the terms and conditions of these third party components.

Indemnification

Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.

The restrictions on liability in this Indemnification clause apply to every liability arising under or in connection with this Agreement including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.

Nothing in this Agreement limits any liability which cannot legally be limited, including liability for:

  • (a) death or personal injury caused by negligence;

  • (b) fraud or fraudulent misrepresentation;

  • (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and

  • (d) defective products under the Consumer Protection Act 1987.

To the maximum extent permitted by law:

  • (a) you agree to indemnify us for any liability we incur due to your breach of the Acknowledgement and/or Licence clauses and the Intellectual Property clause of this Agreement;

  • (b) neither party will be liable for Consequential Loss;

  • (c) each party’s liability for any liability under this Agreement will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party or any of that party’s personnel, including any failure by that Party to mitigate its losses; and

  • (d) our aggregate liability for any liability arising from or in connection with this Agreement will be limited to us resupplying the Application to you.

No Warranties

2.1 You represent, warrant and agree that:

  • (a) you will not use our Application, including Our Intellectual Property, in any way that competes with our business;

  • (b) if you are agreeing to this Agreement not as an individual but on behalf of your company, government, or other entity for which you are acting (for example, as an employee or governmental official), then you access and use the Application on behalf of that entity;

  • (c) there are no legal restrictions preventing you from entering into this Agreement;

  • (d) all information and documentation that you provide to us in connection with this Agreement is true, correct and complete; and

  • (e) you have not relied on any representations or warranties made by us in relation to the Application (including as to whether the Application is or will be fit or suitable for your particular purposes), unless expressly stipulated in this Agreement.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Access, Term and Termination

This Agreement shall remain in effect until terminated by you or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

We may revoke access to the Application at any time by giving 30 days’ written notice to you.

Should we suspect that you are in breach of this Agreement, we may suspend your access to the Application while we investigate the suspected breach. Should we determine that you are in breach of this Agreement, your access to the Application will be terminated immediately.

You may also terminate this Agreement by deleting the Application and all copies thereof from your device or from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your device.

Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between you and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and the Company.

You may be subject to additional terms and conditions that apply when you use or purchase other Company’s services, which the Company will provide to you at the time of such use or purchase.

Assignment

You must not assign or deal with the whole or any part of your rights or obligations under this Agreement without our prior written consent.

Contracts (Rights of Third Parties) Act 1999

Notwithstanding any other provision of this Agreement, nothing in this Agreement confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

Contact Us

If you have any questions about this Agreement, you can contact Us: