End-Customer Agreement
This End-Customer Agreement (“Agreement”) is entered into between AGIX Linux Pty Ltd, an Australian company (“Company”), and the end-customer (“Customer”) identified below. This Agreement governs the terms and conditions under which the Customer may access and use the cybersecurity products and services (“Products”) provided by the Company.
1. Products and Services
1.1 Provision of Products: Upon payment by the Reseller (as defined below), the Company will provide the Customer with access to its cybersecurity Products. The specific Products, features, and licenses provided will be outlined in a separate purchase agreement between the Customer and the Reseller.
1.2 Reseller Transactions: The Company provides the Products to the Customer through an authorized Reseller. The Customer acknowledges that the Company’s responsibility to provision the Products is contingent upon full payment being received from the Reseller.
1.3 Customer refund policy: The customer should make themselves aware of the AGIX Linux refund policy, and any limitations, terms and conditions relating to the Reseller.
1.3 Scope of Use: The Customer may use the Products only for internal business purposes, and not for any unauthorized resale, redistribution, or sharing of the Products with third parties unless explicitly agreed by the Company.
2. Licenses and Access
2.1 License Activation: License seats and access to the Products will be provisioned once the Reseller has made full payment to the Company. The Company is not responsible for delays caused by the Reseller’s failure to provide timely payment.
2.2 License Term: The term of the license will commence upon provisioning and will continue for the duration specified in the agreement with the Reseller. Renewal terms, if applicable, must be handled through the Reseller.
2.3 License Restrictions: The Customer may not modify, reverse engineer, decompile, or disassemble any part of the Products. The Products are provided solely for use in compliance with applicable laws and regulations, including cybersecurity and data protection standards.
3. Payment
3.1 Payment Structure: Payment for the Products is handled through the authorized Reseller. The Customer acknowledges that the Company will not activate the Products until the Reseller has fully paid the Company.
3.2 Non-Refundable: Once license seats are provisioned, payments made for the Products are non-refundable, except as required by applicable consumer laws.
4. Support
4.1 Basic Support: The Company’s support is limited to assistance with initial setup and basic troubleshooting directly related to the Products. Support does not extend to issues arising from the Customer’s surrounding environment or external systems.
4.2 Extended Support Agreement: A separate support agreement may be entered into to provide advanced support services. This extended agreement can cover more complex use cases and issues related to the broader environment in which the Products are deployed.
5. Confidentiality and Data Security
5.1 Confidentiality: The Customer agrees to keep all confidential information provided by the Company secure and not to disclose it to third parties except as required by law.
5.2 Data Protection: The Company will implement industry-standard security practices to protect the Customer’s data. The Customer is responsible for maintaining the confidentiality and security of any access credentials provided for the Products.
6. Termination
6.1 Termination for Breach: The Company may terminate this Agreement or suspend access to the Products if the Customer violates any material term of this Agreement, including misuse of the Products or non-compliance with applicable laws.
6.2 Effect of Termination: Upon termination of this Agreement, the Customer’s access to the Products will be revoked, and the Customer must immediately discontinue use of all provided licenses.
7. Intellectual Property
The Customer acknowledges that all intellectual property rights, including but not limited to the software, trademarks, and logos related to the Products, are owned by the Company. The Customer is granted a non-exclusive, non-transferable license to use the Products solely in accordance with this Agreement.
8. Limitation of Liability
To the fullest extent permitted by law, the Company’s total liability to the Customer, whether arising in contract, tort, or otherwise, shall be limited to the amount paid by the Reseller for the relevant Products under this Agreement. The Company shall not be liable for any indirect, incidental, or consequential damages.
9. Indemnification
The Customer agrees to indemnify and hold the Company harmless from any claims, liabilities, or damages arising from the Customer’s breach of this Agreement, misuse of the Products, or failure to comply with applicable laws.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the state of South Australia. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of South Australia.
11. Miscellaneous
11.1 Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, discussions, or representations.
11.2 Amendments: Any amendments to this Agreement must be in writing and signed by both parties.
11.3 Assignment: The Customer may not assign or transfer its rights under this Agreement without the prior written consent of the Company.
By signing below, you agree to the terms of this Agreement.
End-Customer
Name: ____________________
Title: ____________________
Date: ____________________