Effective Performance Strategies, OPTIC(S)® System

End-User License Agreement (EULA)

Last Updated: 12/30/2024

IMPORTANT: READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.

This End-User License Agreement ("Agreement") is a legal contract between you (either an individual or a legal entity) ("User") and Effective Performance Strategies ("Company") for the use of the EPS OPTIC(S)(R) Platform ("Software"). By installing, accessing, or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree, do not install or use the Software.

1. License Grant

1.1. License. Company grants User a limited, non-exclusive, non-transferable, and revocable license to use the Software solely for its intended purpose as a business operating system and process documentation platform.

1.2. Restrictions. User shall not:

• Copy, modify, distribute, sell, or lease any part of the Software.
• Reverse-engineer, decompile, or attempt to extract the source code of the Software.
• Use the Software to develop a competing product or service.

1.3. Updates. This license includes updates and upgrades provided by the Company unless otherwise specified.

2. Ownership

2.1. The Software is licensed, not sold. The Company retains all ownership rights, including intellectual property rights, to the Software and any related documentation.

2.2. Trademarks. OPTIC(S)(R), ARM(TM), and QVS(R) are trademarks of Effective Performance Strategies. User receives no claim to use these trademarks or any other intellectual property owned by the Company.

3. User Obligations

3.1. Compliance. User agrees to comply with all applicable laws and regulations related to the use of the Software.

3.2. Account Security. User is responsible for maintaining the confidentiality of login credentials and all activities under their account.

4. Data and Privacy

4.1. Data Collection. The Software may collect and process data necessary for operation and improvement. User consents to such data collection in accordance with the Company’s Privacy Policy.

4.2. User Content. User retains ownership of any data or content entered into the Software but grants the Company a license to use such content to provide services.

5. Warranties and Disclaimers

5.1. No Warranty. The Software is provided "AS IS" without warranties of any kind, either express or implied, including but not limited to merchantability or fitness for a particular purpose.

5.2. Limitation of Liability. The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to this Agreement.

6. Termination

6.1. Termination by User. User may terminate this Agreement by discontinuing use of the Software and deleting all copies.

6.2. Termination by Company. The Company may terminate this Agreement if User breaches any term. Upon termination, User must cease all use of the Software.

7. General Terms

7.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.

7.2. Dispute Resolution. Any disputes arising under this Agreement shall be resolved through arbitration in Kane County, State of Illinois.

7.3. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements.

Contact Information For questions about this Agreement, contact us at [email protected] or 908-227-9685.

By clicking "Accept" or using the Software, you acknowledge that you have read, understood, and agree to be bound by this Agreement.