End User Licence Agreement
This End User Licence Agreement ("EULA") is entered into between Kaskade Payment Solution Inc., a corporation organised under the laws of the Republic of Panama, with its registered office at Torre Advanced Building, 1st Floor, Calle Ricardo Arias, Bella Vista, Panama City, Postal Code 08230, Republic of Panama (trading as "Kaskade Pay", "Company", "we", "our", or "us"), and the Merchant that installs, accesses, or uses the Software, whether directly or through its Authorised Representatives ("User", "you", or "your").
The Software is licensed to the Merchant as a corporate user. Installation, access, or use of the Software by an individual is permitted only where that individual is an Authorised Representative acting on the Merchant’s behalf, and the Merchant remains responsible for that individual’s compliance with this EULA as if it were the Merchant’s own act.
This EULA supplements, and forms part of, our Terms of Service. Capitalised terms not defined in this EULA have the meaning given to them in the Terms of Service. In the event of a conflict between this EULA and the Terms of Service on a matter expressly covered by this EULA, this EULA prevails; on all other matters, the Terms of Service prevail.
By installing, accessing, or using the Software, you accept and agree to be bound by this EULA.
1. DEFINITIONS
- Software
- Means the Kaskade Pay dashboard application, mobile or desktop application (where made available), software development kits, client libraries, plug-ins, and any other downloadable or installable software made available by Kaskade Pay, together with any associated documentation and updates.
- Documentation
- Means any user guide, API reference, or technical documentation made available by Kaskade Pay in connection with the Software.
- Open Source Components
- Means third party or open source software components incorporated into or distributed with the Software.
2. LICENCE GRANT
2.1 Grant
Subject to compliance with this EULA and the Terms of Service, Kaskade Pay grants the User a limited, non-exclusive, non-transferable, revocable licence to install and use the Software, solely for the purpose of accessing and using the Services in accordance with the Terms of Service.
2.2 No Sale
The Software is licensed, not sold. Kaskade Pay and its licensors retain all right, title, and interest in and to the Software, save for the limited rights expressly granted under this EULA.
3. LICENCE RESTRICTIONS
The User shall not, and shall not permit any third party to:
- Copy, modify, adapt, or create derivative works of the Software.
- Reverse engineer, decompile, or disassemble the Software, except to the extent such restriction is prohibited by applicable law.
- Sell, rent, lease, sublicense, distribute, or otherwise transfer the Software to any third party.
- Remove, obscure, or alter any proprietary notice on the Software.
- Use the Software to build a competing product or service.
- Circumvent any technical limitation, security measure, or usage restriction built into the Software.
4. UPDATES AND MODIFICATIONS
Kaskade Pay may release updates, patches, or new versions of the Software from time to time. The User’s continued use of the Software following an update constitutes acceptance of that update. Kaskade Pay may, but is not obliged to, provide ongoing support or maintenance for any version of the Software.
5. THIRD PARTY AND OPEN SOURCE COMPONENTS
The Software may incorporate Open Source Components, which are licensed to the User under the applicable open source licence terms rather than this EULA, to the extent of any conflict between those terms and this EULA.
6. OWNERSHIP AND INTELLECTUAL PROPERTY
All intellectual property rights in the Software and Documentation, excluding Open Source Components, are and remain the exclusive property of Kaskade Pay or its licensors, consistent with Clause 18 of the Terms of Service. Nothing in this EULA transfers any ownership right in the Software to the User.
7. EXPORT CONTROL AND SANCTIONS
The Software may be subject to export control and economic sanctions laws administered by competent authorities with jurisdiction over Kaskade Pay, the User, or the Software. The User represents that it is not a Restricted Person and is not located in a Prohibited Jurisdiction, as those terms are defined in the Terms of Service, and shall not use or make the Software available in violation of any applicable export control or sanctions law.
8. TERM AND TERMINATION
8.1 Term
This EULA takes effect when the User first installs or uses the Software and continues until terminated in accordance with this Clause 8.
8.2 Termination
This EULA terminates automatically if the User’s Account is terminated under Clause 20 of the Terms of Service, or if the User breaches this EULA and, where the breach is capable of remedy, fails to remedy it within a reasonable period of notice from Kaskade Pay.
8.3 Effect of Termination
On termination, the licence granted under Clause 2 ends immediately, and the User must uninstall and cease all use of the Software. Clauses 3, 6, 9, 10, 11, and 13 survive termination.
9. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KASKADE PAY DISCLAIMS ALL WARRANTIES IN RELATION TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR COMPATIBLE WITH ANY PARTICULAR DEVICE OR SYSTEM. NOTHING IN THIS CLAUSE 9 EXCLUDES OR LIMITS ANY LIABILITY WHICH MAY NOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR FRAUD.
10. LIMITATION OF LIABILITY
Kaskade Pay’s liability arising out of or in connection with this EULA is subject to, and forms part of the same aggregate cap as, the limitation of liability set out in Clause 23 of the Terms of Service, and is not a separate or additional cap.
11. RELATIONSHIP TO THE TERMS OF SERVICE
This EULA does not create a separate or independent relationship between the User and Kaskade Pay. Use of the Software remains subject at all times to the Terms of Service, including the provisions on suspension and termination, indemnification, and dispute resolution.
12. CHANGES TO THIS EULA
Kaskade Pay may update this EULA from time to time, in accordance with Clause 1.3 of the Terms of Service.
13. GOVERNING LAW AND JURISDICTION
This EULA is governed by the laws of the Republic of Panama and is subject to the dispute resolution and jurisdiction provisions set out in Clauses 24 and 25 of the Terms of Service.