This agreement is effective from 7th Jan 2020.
Subject to the terms and conditions of this Agreement, including the payment of fees as set forth in Section 4, En-trak will provide you access to, and use of, the Licensed Software and the Service on a non-exclusive, non-transferable, revocable, non-sub-licensable basis throughout the Service Period. On the Activation Date, En-trak will deliver to you your user account details and/or URLs to access the Service.
During the Service Period, En-trak may offer additional functionality and/or the ability to use the Service with other third-party applications (collectively the Applications). If you choose to subscribe to such Applications, your license grant will hereby be amended to include such Applications in the license grant in Section 2.1 above. Applications may allow the use or disclosure of your information, as further set forth in each application description.
You hereby grant a non-exclusive, worldwide, fully sub-licensable license to En-trak to copy, display and modify (as necessary for compatibility with the Service) Your Materials. You warrant that Your Materials are owned by you or are properly licensed from the Materials’ rightful owner(s) for use in association with the Licensed Software and Service. By providing such Materials to En-trak, you warrant that all Materials do not infringe any third party’s proprietary rights. You agree to indemnify, defend, and hold harmless En-trak and its licensors from any infringement or similar claims arising from or against a third party relating to En-trak’s use of the Materials and the Materials’ incorporation in the Licensed Software or Services.
Subscriber hereby grants En-trak a non-exclusive, perpetual, worldwide, royalty-free license, including the right to sub-license on an anonymous basis, to Subscriber’s Metered Points data gathered by the Service.
The Service and Licensed Software, including its underlying software and structure, and all worldwide Intellectual Property Rights therein are the exclusive property of En-trak. Except as may be expressly provided in this Agreement, nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any of En-trak’s existing or future intellectual property, including patents. Subscriber will not remove, alter, or obscure any proprietary notices (including copyright notices) of En-trak.
En-trak may update the Services, hardware and software used to provide the Service from time to time. En-trak shall include in the Services provided hereunder any such updates that En-trak generally provides to its similarly situated customers free of charge; however, nothing in this Agreement will obligate En-trak to provide Services that include any upgrade (i.e. revisions to the Services that include new features or substantial increases in functionality), unless such upgrade is described in a new purchase order and You have paid the applicable license fees for such upgrade.