Summary

eJay Website:

• You must agree to all of the terms of this EULA to use this website.
• If so, you may use the website for free and for any lawful purpose.
• You can use website for read, learn and buy eJay software. Also to contact eJay team and  get support about software.

eJay Software

• You must agree to all of the terms of this EULA to use this Software.
• If so, you may use the Software for free and for any lawful purpose.
• This Software automatically communicates with eJay servers for three reasons: (1) to receive and install updates; (2) to send error reports; and (3) to validate license. You can view sample data to see what information is sent, and you may opt out of sending the anonymized usage data.
• This Software is provided "as-is" with no warranties, and you agree that eJay is not liable for anything you do with it.
• You really ought to just go ahead and read the whole EULA. It's not all that long. You should not only rely on this summary.

The Agrement of eJay Website

Any information you provide about yourself (“personal information”) to eJay or www.eJay.com will only be used in accordance with our Privacy Policy, detailed below. This Privacy Policy outlines the kinds of personal information we collect, how we use personal information, who we share it with and your rights regarding the personal information you provide to us.  Please note, this Privacy Policy does not apply to websites or text services operated by third parties.

Collection of Information

We collect personal information from you through your interaction via our websites, text services or other media.  This may occur when you participate in, or sign up to, any of eJay services, such as competitions, research panels, or if you use any of our app(s), register an account or apply for a job with us.

The information we collect will vary depending on the service you request but could include name, address, phone number, email address, user name, password, age, gender, date of birth, household composition, comments, competition answers or your job application.  We may also ask for additional information depending on the nature of the service provided.  Unless stated, the data fields we request must be completed.  We will not normally collect any sensitive personal information from you, and in any event, will request your express consent to do so. 

If you use any of our apps, we will collect the following information: (i) your location – upon your first use you will be prompted for permission for us to use your location (which you may decline) in order to offer you relevant services (we cannot offer relevant services if you do not permit us to detect and use your location); and (ii) your device - if you access our services from a device such as a mobile telephone running an application, we will uniquely identify each instance of the application, but we will not be able to personally identify you from this information.

We also collect certain information through the use of “cookies” and other automated means.  Cookies are small pieces of information that are stored by your browser on your computer's hard drive.  We use cookies to identify registered users without needing to ask for registration details every time you access one of our sites.  Cookies are also used to track usage patterns on our sites and to control the display of advertisements.  We may also use cookies to track registered or unregistered users as they travel through the site - for instance, we might use cookies to count the total number of unique users who are accessing the site over a particular period of time. This information will never be shared with a third party in a way that will identify you, and is used to make our systems more efficient.

We may use third party web analytics services who use technologies such as cookies, web server logs and web beacons to help us analyse how visitors use the site.  The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of our websites.  

Use of Information

We will use your personal information for a number of purposes including the following:

• to provide, administer and communicate with you about our services and promotions (e.g. to enable you to log in to your account and/or enter competitions).
• to analyse and improve the services we offer.
• to send you marketing communications about products, events and promotions by us, that you might be interested in. 

Sharing Information

We will not sell, trade, rent or otherwise pass on your personal information to others, except as described here or with your prior consent.

We may share personal information with service providers who perform functions and services on our behalf.  Such third parties will be provided with personal information necessary to perform the services on our behalf but are not authorised to use such information for any other purposes.

Only where you have agreed to receive marketing communications from third parties, will we pass on your personal information for this purpose.

We may disclose your personal information when you enter a competition or when you provide material we wish to publish. We will only do so with your prior consent.

We may carry out research or analysis, which contains your personal information, via our sites.  Any "pooled" responses to questions may also be shared with our partner organisations.

We may also disclose personal information about you to comply with applicable laws and when requested to do so by law enforcement agencies or government bodies.

We reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets.  Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Policy.  Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

Use of Aggregate Information

We may share anonymous aggregate statistics about our users, sales and traffic patterns with our advertisers and other third parties.  However it will not be possible to identify you from this information.  For example, we might report to potential advertisers that a certain percentage of our users are interested in its products, based on information requests.

Data Transfers

We may transfer the personal information we collect about you to countries other than the country in which the information was originally collected.  Those countries may not have the same data protection laws as the country in which you initially provided the information.  When we transfer your personal information to other countries, we will protect the information as described in this Privacy Policy.

Your Rights

If you are registered for an account with us you may update your personal information at any time via the "My Details" page for web users, where registration is available on the site. You can access the "My Details Page" from most pages on the website if you are logged-on. If you are a text user, then where appropriate the text messages you receive from us will alert you to options for unsubscription and/ or change of details – please follow these messages.

You have certain rights to the personal information we process about you.  You have the right to request that we cease sending marketing communications, whether by e-mail or otherwise, to you.  You can do this by checking certain boxes when we collect your personal information or by clicking the unsubscribe link in the marketing e-mails you receive from us.  You can also do this by contacting us at support@ejay.com

You may request access to the personal information we hold about you.  If you would like to submit a request please contact us at support@ejay.com

The Agreement of eJay Software

By downloading, installing, using, or copying the Software, you accept and agree to be bound by the terms of this EULA. If you do not agree to all of the terms of this EULA, you may not download, install, use or copy the Software.

The License

This EULA entitles you to install as many copies of the Software as you want, and use the Software for any lawful purpose consistent with this EULA. Your license to use the Software is expressly conditioned upon your agreement to all of the terms of this EULA. This software can be freely downloaded and tested in trial mode. This software is sold in the format of one license per user. eJay reserves all other rights not granted by this EULA.

The Restrictions

1. When using the Software you must use it in a manner that complies with the applicable laws in the jurisdiction(s) in which you use the Software.

2. You may not sell, resell, rent, lease or exchange the Software for anything of value.

3. You may redistribute the software, but it must include this EULA and you may not repackage or bundle the Software with any other software.

4. You may not remove or alter any proprietary notices or marks on the Software.

Privacy Notices

The Software automatically communicates with eJay servers for three purposes: (1) updating the Software; (2) sending error reports; and (3) to validate license.

1. Automatic Software Updates. The Software communicates with eJay (and sends information described at the URL above) to determine whether there are any patches, bug fixes, updates, upgrades or other modifications to improve the Software. You agree that the Software may automatically install any such improvements to the Software on your computer without providing any further notice or receiving any additional consent. This feature may not be disabled. If you do not want to receive automatic updates, you must uninstall the Software.

2. Error Reports. In order to help us improve the Software, when the Software encounters certain errors, it will automatically send some information to eJay about the error (as described at the URL above). This feature may not be disabled. If you do not want to send error reports to eJay, you must uninstall the Software.

3. Validate License. For check eJay software you can install and use trial period for testing. The test time varies according to the software. If you buy a license of use, when install software you must register your data and serial code inside for get an activation number from our servers.

Open-Source Notices

Certain components of the Software may be subject to open-source software licenses ("Open-Source Components"), which means any software license approved as open-source licenses by the Open Source Initiative or any substantially similar licenses, including without limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format. The Software documentation includes copies of the licenses applicable to the Open-Source Components.

To the extent there is conflict between the license terms covering the Open-Source Components and this EULA, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent the terms of the licenses applicable to Open-Source Components prohibit any of the restrictions in this Agreement with respect to such Open-Source Component, such restrictions will not apply to such Open-Source Component. To the extent the terms of the licenses applicable to Open-Source Components require Licensor to make an offer to provide source code in connection with the Product, such offer is hereby made, and you may exercise it by contacting support@eJay.com

Intellectual Property Notices

The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of eJay. eJay reserves all rights in and to the Software not expressly granted to you in this EULA.

The names eJay, eJay for Windows, and related eJay logos and/or stylized names are trademarks of eJay. You agree not to display or use these trademarks in any manner without eJay's prior, written permission, except as allowed by 

Disclaimers and Limitations on Liability

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. eJay does not warrant that (i) the Software will meet your specific requirements; (ii) the Software is fully compatible with any particular platform; (iii) your use of the Software will be uninterrupted, timely, secure, or error-free; (iv) the results that may be obtained from the use of the Software will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations; or (vi) any errors in the Software will be corrected.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT eJay SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF eJay HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SOFTWARE, including, for example: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Software; (v) or any other matter relating to the Software.

eJay reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. eJay shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Software.

Miscellanea

1. If you configure the Software to work with one or more accounts on the eJay.com website or with an instance of eJay Enterprise, your use of the Software will also be governed by the eJay.com website Terms of Service and/or the license agreement applicable to your instance of eJay Enterprise.

2. The failure of eJay to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.

3. This EULA constitutes the entire agreement between you and eJay and governs your use of the Software, superseding any prior agreements between you and eJay (including, but not limited to, any prior versions of the EULA).

4. You agree that this EULA and your use of the Software are governed under Germany law and any dispute related to the Software must be brought in a tribunal of competent jurisdiction located in Germany.