This Software License Agreement ("Agreement") is a legally binding agreement between you ("Licensee," "you," or "your") and JK Creative LLC ("Licensor," "JK Creative," "we," or "us") governing your use of the Curato software product. By downloading or using the Software, you agree to be bound by this Agreement. If you do not agree, do not download or use the Software.
Subject to your payment of the applicable one-time license fee and your compliance with all terms of this Agreement, JK Creative grants you a:
license to install and use the Software solely for your internal business purposes in connection with the retail of premium cigars.
You may not, and may not permit any third party to:
The Software, including all source code, object code, design, architecture, documentation, trade secrets, and all intellectual property rights therein, is and shall remain the exclusive property of JK Creative LLC. This Agreement does not convey to you any title or ownership interest in the Software, only a limited right to use it as expressly described herein.
JK Creative reserves all rights not expressly granted in this Agreement.
You retain full ownership of all Licensee Data. JK Creative claims no rights, title, or interest in your catalog data, customer interaction records, or any other data generated through your use of the Software.
Because the Software runs on your own infrastructure, your data never passes through JK Creative systems. You are solely responsible for the security, backup, and lawful use of all Licensee Data.
The Software may incorporate open-source libraries or third-party components. Any such components are governed by their respective licenses, which are included in the Software's documentation or license directory.
The Software's catalog processing features require a Google Gemini API key obtained and paid for by you. Your use of the Gemini API is governed by Google's terms of service. JK Creative is not responsible for any interruption, change, or discontinuation of the Gemini API or for any costs you incur in connection with it.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JK CREATIVE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:
YOU ASSUME ALL RISK FOR YOUR SELECTION AND USE OF THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JK CREATIVE OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JK CREATIVE LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF JK CREATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
JK CREATIVE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID JK CREATIVE FOR THE LICENSE.
This Agreement is effective upon your download of the Software and continues in perpetuity unless earlier terminated as set forth herein.
You may terminate this Agreement at any time by ceasing all use of the Software and permanently deleting all copies in your possession or control.
JK Creative may terminate this Agreement immediately upon written notice if:
Upon termination for any reason:
You agree to defend, indemnify, and hold harmless JK Creative LLC and its members, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Software in violation of this Agreement; (b) your Licensee Data; or (c) your violation of any applicable law or regulation.
This Agreement is governed by the laws of the State of Washington, United States, without regard to conflict-of-law principles. Disputes shall be resolved by binding individual arbitration as set forth in the Terms of Sale. In the event arbitration is not applicable, the exclusive venue for legal proceedings shall be the state or federal courts located in Washington State.
This Agreement, together with the Terms of Sale and Privacy Policy, constitutes the entire agreement between the parties with respect to the Software and supersedes all prior agreements, representations, and understandings.
If any provision of this Agreement is held unenforceable, such provision shall be modified only to the extent necessary to make it enforceable, and all other provisions shall remain in full force.
JK Creative's failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.
JK Creative may update this Agreement from time to time. The version in effect at the time of your license purchase governs your use of that license. Updated versions posted at this URL apply to new purchases only.
JK Creative LLC
Washington State, United States
Email: support@jkcreative.store