End User License Agreement

IMPORTANT — READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you and ClockShark that covers the ClockShark software product (“Software”) and any supplemental information that ClockShark has made available (including documents together with their accompanying supplemental information). This EULA is in addition to the TERMS OF SERVICE located here (“TOS”). By accessing or otherwise using any Software, you agree to be bound by the terms of this EULA and the TOS. If you do not agree to the terms of this EULA or the TOS, do not use any ClockShark software. This EULA does not grant you any other rights but for the ones contained herein.

1. GRANT OF License. This EULA grants you the right to use the Software only for its intended purpose. You may not sell, resell, License, rent, lease, lend, or otherwise transfer the use of or installation of the Software. You may not redistribute the Software in any form or broadcast it in any media.
2. RESERVATION OF RIGHTS. All title and copyrights in and to the Software, and any copies of the Software, are owned by ClockShark and its licensors. All rights not expressly granted are reserved by ClockShark. In particular, this EULA does not grant you any rights in connection with any trademarks or service marks of ClockShark. Use of the Software for any purpose other than expressly permitted in this EULA is prohibited and may result in the commencement of civil and/or criminal proceedings.
3. TERMINATION. Without prejudice to any other rights, ClockShark may terminate this EULA if you fail to comply with the terms and conditions of this EULA or the TOS. In such event, you must immediately uninstall and delete all copies of the Software.
4. SPECIFIC USE. ClockShark makes no representations about the suitability of the Software for any purpose. To the maximum extent permitted by applicable law, the Software is provided “as is” and “as available” and any express or implied warranties, including, but not limited to, the implied warranties or merchantability and fitness for a particular purpose are disclaimed. To the maximum extent permitted by applicable law, ClockShark shall not be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of use of the Software, even if advised of the possibility of such damage.
5. ACCOUNTS AND PASSWORDS. You agree to maintain the confidentiality of your password and will be responsible for all use via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify ClockShark of any unauthorized use or your registration, user account or password.
6. CONTENT. “Content” means the graphics, text, data, audio, photos, music, sounds, video or similar information or material provided, uploaded or submitted by you or any user to ClockShark or the Software in the course of utilising the Software. You understand and agree that:
   1. The sole responsibility for Content lies with you and your users;
   2. ClockShark shall not be responsible to you or your users, in any way, for Content that appears in the Software;
   3. You and your Users are not permitted to distribute, upload, transmit, store, make available or otherwise publish or process through the Software, Content that:
      1. Is unlawful or encourages another to engage in anything unlawful; 
      2. contains a virus or any other similar programs or software which may damage the operation of ClockShark’s or another’s computer; 
      3. violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, or other intellectual property right of any party; 
      4. breaches the terms of ClockShark’s privacy notice or any applicable third-party privacy notice; 
      5. includes any sensitive personal information (such as protected health information) or any information that requires special precautions to protect from unauthorized use (such as payment card information and PINs); or
      6. Is libelous, defamatory, obscene, invasive of privacy or publicity rights, abusing, harassing, fraudulent, misleading, illegal, threatening or bullying.
   4. ClockShark reserves the right to edit, modify or remove content being hosted by ClockShark, including for violations of the above standards.
   5. You indemnify ClockShark against any loss or damage (including consequential loss) that may result from any breach of the foregoing.
7. THIRD PARTY SERVICES. Goods and services of third parties may be advertised and/or made available on or through this Software. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. ClockShark shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
8. TRADEMARK. ClockShark is a registered trademark of ClockShark, LLC.

Updated 17th July 2023.