Effective: January 05th, 2022
ATLAN Space may modify this EULA from time to time, subject to the terms in Section 18 (Changes to this Agreement) below.
LAST UPDATE OF THE CURRENT DOCUMENT: JANUARY 05TH, 2022.
This Software End User License Agreement (“EULA” or “Agreement”) governs the use by an individual or entity (“Customer” or “You”) of any ATLAN Space software that is pre-installed, downloaded, installed or otherwise embedded in any hardware pursuant to a contract, agreement, quote, order form, invoice, on-line procurement process.
If You use, download or install any Software, as defined below, then You agree to be bound by the terms of this EULA, except to the extent any Software is the subject of a separate written agreement between Customer and ATLAN Space that govern your use of such Software (“Pre-existing Agreement”). If You use the Software on behalf of a company, government, or other entity, then You confirm that You have authority to take those actions and this EULA will be binding on that entity unless the entity has a Pre-existing Agreement. IF YOU DO NOT AGREE WITH THIS EULA, OR DO NOT HAVE THE AUTHORITY ON BEHALF OF YOUR ENTITY, DO NOT INSTALL OR USE THE SOFTWARE.
If any Software is identified in an Agreement, Customer’s license to such Software is subject to additional terms and conditions contained in the Agreement, including, without limitation, the term of the license, applicable license fees (“Fees”), and limitations with respect to use on a single hardware device. The Software provided or made available to Customer may include features or functionality that Customer may not use unless Customer purchases a separate license to such features and functionality.
If You purchase Software from a third party (“Reseller”), this EULA governs your use of the Software, and any terms in your agreement with the Reseller that are inconsistent or contravene the terms of this EULA shall not apply. You acknowledge and agree that Resellers may only grant rights, and must pass through conditions, consistent with this EULA, and that any license rights given to You pursuant to Customer’s separate agreement with the Reseller that are greater than the license rights in this EULA shall not apply.
By signing the Agreement or clicking on the “I agree” (or similar button or checkbox) that is presented to you at the time of your order, you indicate your assent to be bound by this EULA. If you do not agree to this EULA, do not use or access the Software.
1. Definitions. Any capitalized terms used in this EULA that are not otherwise defined in this EULA shall have the meaning as set forth below:
1.1 “Affiliate” means any entity that controls, is controlled by, or is under common control with a Party, where “control” means the ability to direct the management and policies of an entity.
1.2 “Beta Software” means versions of the Software that are labeled as “Alpha”, “Beta”, “Preview”, “Experimental”, “Preview,” “Evaluation,” or similar terms.
1.3 “Documentation” means the documentation related to the Software provided to Customer by ATLAN Space
1.4 “Initial Subscription Term” means the term for the applicable Software starting on the Subscription Start Date set forth on Customer’s first Order Form and continuing for the subscription term set forth in the Order Form.
1.5 “Intellectual Property Rights” mean all intellectual property rights, including, without limitation, patents, copyrights, trademarks, goodwill, moral rights, trade secrets, and any other intellectual and industrial property and proprietary rights including registrations, applications, renewals, and extensions of such rights worldwide.
1.6 “Order Form” means the written ordering document physically or electronically signed by both Customer and ATLAN Space that specifies Software.
1.7 “Software” means the latest version of the Software specified in the Order Form which is generally available as of the Subscription Start Date in the relevant Order Form or becomes generally available during the Term, any versions explicitly specified in the Order Form (if any), and all Updates of the foregoing.
1.8 “Subscription Start Date” means the subscription start date specified in the applicable Order Form.
1.9 “Subscription Term” means the term for the Initial Subscription Term or any renewal term for the Software.
1.10 “Update(s)” means any release of the Software that ATLAN Space makes available to Customer, including, without limitation, modifications, patches, workarounds, bug fixes, error corrections, minor modifications or enhancements, and any other major or minor releases, updates or upgrades, new versions, or successor products that ATLAN Space may release from time to time in its sole discretion.
2. License. Subject to and in accordance with the terms and conditions of this EULA and further conditioned upon Customer’s payment of all Fees and during the Subscription Term, ATLAN Space grants to Customer.
2.1 License Grants. A limited, non-exclusive, non-transferable (except as provided in Section below titled “Transferability”), non-sublicensable, worldwide license to Customer to use the Software and Documentation solely during the period defined on the Agreement. ATLAN Space will deliver the Software and Documentation by making it available via electronic download on the Subscription Start Date or the date specified on the Agreement.
2.2 License Keys and Usage Limits. ATLAN Space will supply Customer with all necessary instructions and license keys required to access the Software and Documentation and Customer will keep such information in strict confidence in perpetuity. Use of the Software is subject to usage limits set forth in the Order Form, if any. The Software may (a) report data about license key validation and compliance with usage limits back to ATLAN Space (“Data”); and (b) limit or disable functionality on failure to validate license keys or if Customer exceeds the usage limits. Customer agrees that ATLAN Space may process Data to (i) monitor Customer’s compliance with this Agreement and improve the Software; and (ii) to create and distribute reports and materials about ATLAN Space’s products and services, provided that the Data is anonymized, aggregated, and de-identified. To the extent that this information constitutes personal data, ATLAN Space shall be the controller of such personal data. To the extent that it acts as a controller, each Party shall comply at all times with its obligations under applicable data protection legislation.
2.3 Modifications and Beta Software. Notwithstanding anything to the contrary in this Agreement, ATLAN Space has no warranty, indemnity or other obligation or liability with respect to (a) modifications made to the Software or Documentation by Customer or on Customer’s behalf other than Updates provided by ATLAN Space (“Customer’s Modifications”); or (b) Beta Software.
2.4 License Restrictions. Except as otherwise expressly permitted under this EULA, Customer agrees not to (and will not permit any third party to): (a) reverse engineer or otherwise attempt to discover the source code of or trade secrets embodied in the Software; (b) exceed the usage limits stated in the Order Form, if any; (c) interfere with any license key mechanism in the Software or mechanisms in the Software intended to limit use; (d) distribute, transfer, grant sublicenses to, or otherwise make available the Software or any portion thereof to third parties, including, but not limited to, making Software available (i) through resellers or other distributors, or (ii) as an application service provider, service bureau, or rental source; (e) embed or incorporate in any manner the Software into any services or products; (f) use or transmit the Software in violation of any applicable law, rule or regulation, including any export/import laws; (g) in any way access, use, or copy any portion of the Software (including the logic and/or architecture thereof and any trade secrets included therein) to directly or indirectly develop, promote, distribute, sell or support any product or service that is competitive with the Software; or (h) remove, obscure or alter any copyright notices or any name, trademark, hyperlink or other designation of ATLAN Space displayed within the Software. Unless otherwise specified in the applicable Order Form, the Software License is granted on a per-unit basis and it may only be exercised with respect to the specific units of Hardware identified on the applicable Order Form or, if the Order Form does not specify such units, then with respect to no more than the total number of Hardware units authorized on the Order Form, or if such total number of units is not specified on the Order Form, then only with respect to one (1) single Hardware unit (“Authorized Units”).
2.5 Future Functionality. Customer agrees payment is not conditional on delivery of future functionality or features, or dependent on any oral or written public comments made by ATLAN Space regarding future functionality or features. Customer may request new features, enhancements or other changes be implemented into the Software and ATLAN Space will review such requests, but is under no obligation to implement any such feature, enhancement or other change requested by Customer.
2.6 Dual Licensing. During the Term, Customer must abide by this Agreement with respect to the Software even if the Software is also made available to the public or to everyone who receives a copy under a separate license (“Public License”). Upon termination or expiration of this Agreement, any continued use of the Software will be subject to the Public License, if available.
3. Updates. The terms and conditions of this EULA shall apply to all Updates or additional copies of the Software. Subject to the terms and conditions of this EULA, including Customer’s timely payment of all Fees due and owed to ATLAN Space. Notwithstanding any other provision of this EULA, Customer has no license or right to use any Updates to the Software unless Customer holds a valid license to the Software and has paid any required Fees for such Software. Updates are solely provided on a “when-and-if-available” basis and as made generally available by ATLAN Space to its customers. Customer shall promptly install any Updates that ATLAN Space designates as required for the continued safe operation of Hardware or operation of any Software.
4. Proprietary of Rights.
4.1 The Software and documentation and all other Intellectual Property materials are owned by ATLAN Space and its licensors, and is protected by copyright, patent, trademark, and trade secret laws of the kingdom of Morocco and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and under applicable laws. As between Customer and ATLAN Space, the Software, including without limitation Intellectual Property Rights therein and thereto, are the sole and exclusive property of ATLAN Space or its subsidiaries or affiliated companies and/or its third-party licensors. All Software is licensed to Customer, not sold. ATLAN Space reserves all rights not expressly granted in this EULA, and no rights or licenses shall be deemed or interpreted to be granted or transferred hereunder, whether by implication, estoppel, or otherwise
4.2 Feedback. Customer may provide suggestions, comments, or other feedback (collectively, “Feedback”) regarding ATLAN Space’s products and services. Feedback is entirely voluntary. ATLAN Space may use Feedback for any purpose without obligation of any kind. Customer hereby grants ATLAN Space exclusively and perpetually, all rights, titles, and interests, including all intellectual property rights, Customer may have in the Feedback.
5. FEES AND PAYMENT.
5.1 Fees. Customer will pay ATLAN Space the fees for the Software set forth in the Order Form, invoice, or ATLAN Space billing webpage, as applicable. Customer is responsible for providing complete and accurate billing and contact information to ATLAN Space and updating ATLAN Space of any changes. Unless explicitly stated otherwise in this Agreement, all fees are non-refundable, non-cancelable and non-creditable. ATLAN Space reserves the right to suspend and/or terminate access to the Software if any undisputed Fees are past due. Such suspension or termination shall not relieve Customer from its obligation to pay all undisputed amounts due under this Agreement.
5.2 Payment. Unless otherwise set forth in the Order Form, invoice, or ATLAN Space billing webpage, all fees will be invoiced in advance and are due and payable according to the payment terms in the Order Form. If Customer provides ATLAN Space with credit card information for payment, Customer acknowledges that an invoice may not be sent, and Customer authorizes ATLAN Space to charge the credit card for the Software listed in the Order Form or ATLAN Space billing webpage for the Subscription Term. If the Customer requires the use of a purchase order or purchase order number, the Customer (a) must provide the purchase order number at the time of purchase and (b) agrees that any terms and conditions on a Customer purchase order will not apply to this Agreement and are void. All amounts payable will be non-refundable and in the currency of the United States and specifically exclude (and Customer is responsible for) any and all applicable sales, use, excise, customs duties, tariffs and other taxes, (other than taxes based on ATLAN Space income) which if applicable will be paid by Customer. Customer will be responsible for all reasonable expenses (including attorneys’ fees) incurred by ATLAN space in collecting past due amounts.
6. Third Party Software and Open Source Software. The Software may include third party software, and open source software (“OSS”), and such software is provided under separate license terms.
6.1 Open Source Software. To the extent the licenses for any OSS requires ATLAN Space to make available to Customer the corresponding source code included in the Software, Customer may obtain a copy of the applicable OSS source code by sending a written request to firstname.lastname@example.org (mailto:email@example.com). The OSS license terms shall take precedence over this EULA to the extent that this EULA imposes greater restrictions on Customer than the applicable OSS license terms. Customer acknowledges receipt of notices for the Open Source Components for the initial delivery of the Software.
6.2 Third Party Software. The use of third party software or applications, or the integration of such software or applications with the Software, (collectively, “Third Party Applications”), may result in Customer data or information being transferred to a third party. ATLAN Space is not responsible for, and Customer agrees to hold ATLAN Space harmless, for any data or information transferred to third parties in connection with your use of Third Party Applications.
7. TERM, TERMINATION AND EFFECT.
7.1 Term. The term of this Agreement will begin as of the Subscription Start Date and continue until the earlier of (a) the last Subscription Term has expired; or (b) until this Agreement is terminated (“Term”). Unless otherwise set forth in an Order Form, subscriptions will automatically renew for durations equivalent to the Initial Subscription Term, unless either Party gives the other notice of non-renewal before the end of the Subscription Term. ATLAN Space may revise fees for the Software by providing Customer with 30 days’ notice prior to any renewal.
7.2 Termination. This Agreement may be terminated by either Party if (a) the other Party materially breaches this EULA and does not cure the breach within 30 days after receiving written notice thereof from the non-breaching Party; or (b) if at any time the other Party: (i) ceases operation without a successor; or (ii) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition or comparable proceeding, or if any such proceeding is instituted against that Party (and not dismissed within 60 days thereafter).
7.3 Effect of Termination. Upon any termination of this Agreement, without prejudice to any other rights or remedies which the Parties may have, (a) all rights licensed and obligations required hereunder will immediately cease, provided that Sections 1, the confidentiality obligations in Section 2.2, Section 4, and any other provision of this Agreement that must survive termination to fulfill its essential purpose will survive termination; (b) Customer will promptly delete or destroy all license keys, and upon request by ATLAN Space will certify in writing such destruction; ( c) if Customer terminated pursuant to Section 7.2, ATLAN Space will refund to Customer any pre-paid fees for use of the Software for the terminated portion of the applicable Subscription Term; and (d) unless Customer terminated pursuant to Section 7.2, if Customer has not already paid all applicable fees for the Subscription Term, any such fees that are outstanding will become immediately due and payable.
8. Free or Trial License Term. If you have obtained a license to a free version of the Software, or have obtained a trial license to the Software, then your license will continue for such time period as may be specified by ATLAN Space with respect to such trial or free version (and if no period is specified, for 30 days). ATLAN Space may terminate a trial license or free version at any time in its sole discretion.
9. Disclaimer of Warranties. THE SOFTWARE, BETA SOFTWARE, DOCUMENTATION IS PROVIDED “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATLAN SPACE, ON BEHALF OF ITSELF, ITS AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. ATLAN SPACE MAKES NO WARRANTY OF ANY KIND THAT THE SOFTWARE, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOU OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. IN NO EVENT SHALL ATLAN SPACE, BE LIABLE UNDER ANY LEGAL THEORY, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST PROFITS. CUSTOMER ASSUMES ALL RISK FOR ANY DAMAGE OR INJURY THAT MAY RESULT FROM CUSTOMER’S USE OF THE SOFTWARE OR ANY CONTENT MADE AVAILABLE USING THE SOFTWARE. CUSTOMER AGREES THAT CUSTOMER’S USE OF THE SOFTARE IS AT CUSTOMER’S OWN RISK AND THAT CUSTOMER IS SOLELY RESPONSBILE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY OR LOSS OF DATA. ANY USE OF THIRD PARTY SITES OR THIRD PARTY APPLICATIONS OR CONTENT PROVIDED BY ANY SUCH THIRD PARTY IS AT YOUR OWN RISK AND ATLAN SPACE PROVIDES NOT WARRANTY OR INDEMNIFICATION RELATED TO SUCH USE OR ACCESS.
10. Limitation of Liability. IN NO EVENT SHALL ATLAN SPACE ( INCLUDING ITS AFFILIATES) OR ANY OF ITS LICENSORS OR INFORMATION PROVIDERS AND OTHER SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES AND AGENTS, (COLLECTIVELY, “ATLAN SPACE PARTIES”) BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE OR DATA, ARISING FROM OR RELATING TO THIS AGREEMENT OR CUSTOMER’S USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ARISING UNDER ANY OTHER LEGAL THEORY, EVEN IF SUCH ATLAN SPACE PARTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, THE ATLAN SPACE PARTIES’ AGGREGATE LIABILITY TO CUSTOMER OR TO ANY THIRD PARTY CLAIMING THROUGH CUSTOMER IS LIMITED TO THE GREATER OF $100 OR THE AMOUNTS PAID BY CUSTOMER UNDER THE ORDER FORM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY. The foregoing limitations apply, even if the remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11. Indemnification. Customer shall defend, indemnify, and hold ATLAN Space, its affiliates, directors, employees, and representatives harmless against any liabilities, losses, damages, claims, demands, fees, expenses and other costs of any kind or nature, including, without limitation, any attorney fees, expert fees, filing fees, judgments and settlement amounts associated therewith, as and when incurred, made by a third party and arising out of or related to: (i) Customer’s use of the Software in violation of this EULA, (ii) any violation by Customer or Customer’s employees, representatives or agents, of any applicable law or regulation, (iii) Customer’s violation of any third party right, including property, privacy, publicity, confidentiality or intellectual property right, or (iv) any breach or alleged breach of this EULA by Customer or any of Customer’s employees, representatives or agents, of any obligation, representation or warranty contained in this EULA.
12. Customer’s Representations and Warranties. Customer represents, covenants, and warrants that: (i) Customer will use the Software only in compliance with, and subject to all limitations and instructions in, any provided documentation and only as expressly permitted under this EULA; (ii) Customer will comply with all relevant laws, rules, regulation and statutes set forth by governments, law enforcement and regulatory agencies when using the Software and that Customer will not use the Software for any illegal purpose; (iii) Customer will not use the Hardware or Software in any hazardous activity likely to result in death or injury to persons or injury to property; and (iv) Customer will comply with all relevant flight limitations and restrictions that may be imposed during the flight and to obtain all required approvals and clearances from any government agencies before flight.
13. Export and Compliance with Laws. Customer acknowledges that the Software may contain encryption or encryption technology and may be subject to certain controls and restrictions under export, re-export and other laws, regulations and restrictions. Customer agrees that it is solely responsible for obtaining and will obtain any necessary approvals or licenses from the applicable regulatory authorities. Without limiting the generality of the foregoing, Customer represents and warrants to ATLAN Space that it will not, directly or indirectly, export or re-export, supply or otherwise make available the Software or any related technical information or data to any person in violation of any Export Regulation. Customer represents and warrants that it is not using and will not use any Software or related technical information or data to further activities in support of development, manufacture or use of nuclear fuel or weapons, missiles, or chemical or biological weapons. Customer further certifies to ATLAN Space that Customer will immediately notify ATLAN Space if at any time those warranties and representation become no longer accurate.
14. Reports and Audit. Customer agrees to monitor its use of the Software and maintain accurate, complete and auditable records of its level of use.If at any time Customer becomes aware that it has used any Software without paying any applicable Fees or in excess of the limitations set forth in any applicable Agreement, Customer shall promptly notify ATLAN Space in writing of such use and pay any additional Fees for the type of the Software or the features or functionality thereof actually used by Customer. Customer agrees that ATLAN Space shall have the right, at ATLAN Space’s expense, to audit Customer’s use of the Software on at least 30 business days’ advance notice, during Customer’s normal business hours and no more frequently than once every year, which audit shall not unreasonably interfere with Customer’s business.
15. General Provisions. ATLAN Space may assign this EULA without restriction upon notice to Customer. Except as otherwise provided herein, Customer may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior express written consent of ATLAN Space; provided, however, Customer may assign this Agreement in its entirety, together with all rights and obligations hereunder, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets related to this Agreement, and Customer shall provide ATLAN Space with prior written notice of such assignment. Any assignment or assumption in violation of the foregoing shall be void and of no effect.Subject to the foregoing, this EULA shall bind and inure to the benefit of the parties and their respective permitted successors and assigns. This EULA represents the entire agreement between the parties with respect to the Software, and supersedes any prior or contemporaneous oral or written agreements concerning the subject matter contained herein.This EULA may only be modified, or any rights under it waived, by a written agreement executed by the party against which it asserted.
16. BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER
16.1 Arbitration. For any dispute with ATLAN SPACE, you agree to first contact us by Mail at ATLAN SPACE S.A., CFC Tower, Lot 57, 5ème étage Avenue Main Street, Casa Anfa, Hay Hassani, 20230, Casablanca, Morocco and attempt to resolve the dispute with us informally by providing your name, address and contact information and describing the nature of the dispute. In the unlikely event that ATLAN SPACE has not been able to resolve a dispute it has with you within 60 days of your original informal claim (or sooner if, in ATLAN SPACE’s opinion, a dispute is not likely to be resolved within 60 days), we each agree to resolve any claim, dispute, or controversy (excluding any ATLAN SPACE claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration before an arbitrator from “Centre International de Médiation et d’Arbitrage de Casablanca” (“CIMAC”) located in Casablanca, Morocco. CIMAC may be contacted at www.cimac.ma. The arbitration will be conducted in Casablanca, Morocco, unless you and ATLAN SPACE agree otherwise. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights.
16.2 Class Action & Jury Trial Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION UNLESS SUCH ARBITRATION IS NECESSARY TO EFFECTUATE THE ENFORCEMENT OF THE COURT CLASS ACTION WAIVER OR IN THE EVENT THAT CLASS ARBITRATION IS EXPRESSLY AGREED TO BY ATLAN SPACE. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ATLAN SPACE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
16.3 Right to Opt Out. YOU MAY OPT OUT OF THE FOREGOING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION OF THIS AGREEMENT BY NOTIFYING ATLAN SPACE IN WRITING WITHIN 30 DAYS OF PURCHASE. SUCH WRITTEN NOTIFICATION MUST BE SENT TO ATLAN SPACE S.A., CFC Tower, Lot 57, 5ème étage Avenue Main Street, Casa Anfa, Hay Hassani, 20230, Casablanca, MOROCCO AND MUST INCLUDE (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR WARRANTED PRODUCT, AND (4) A CLEAR STATEMENT INDICATING THAT YOU DO NOT WISH TO RESOLVE DISPUTES THROUGH ARBITRATION AND DEMONSTRATING COMPLIANCE WITH THE 30 DAY TIME LIMIT TO OPT OUT.
18. CHANGES TO THE AGREEMENT.
18.1 Modifications Generally. ATLAN Space may modify the terms and conditions of this Agreement from time to time. Together with notice, ATLAN Space will specify the effective date of the modifications.
18.2 Beta Software. Customer must accept the modifications to continue using the Beta Software. If Customer objects to the modifications, Customer’s exclusive remedy is to cease using the Beta Software.
18.3 Licensed Software. The modifications to this EULA will take effect at the next renewal of the Subscription Term and will automatically apply as of the renewal date unless Customer elects not to renew pursuant to Section 7.1 (Subscription Term). In some cases, such as when it is necessary to address compliance with applicable or new features, ATLAN Space may specify that such modifications become effective during the Subscription Term. If the effective date of such modifications is during the Subscription Term and Customers objects to the modifications, then (as its exclusive remedy) Customer may terminate affected Order Forms upon notice to ATLAN Space, and ATLAN Space will refund to Customer any pre-paid fees for use of the affected Software for the terminated portion of the applicable Subscription Term. To exercise this right, Customer must provide ATLAN Space with notice of objection and termination within 30 days of ATLAN Space providing notice of the modifications.
For any customer questions or inquiries, please contact our support team at firstname.lastname@example.org.