End-User License Agreement (EULA)

Last updated: December 16, 2024

 

Introduction This End-User License Agreement (EULA) is a legal contract between the software provider, Hulu Target (hereafter referred to as “Licensor”), and the individual or entity using the software (hereafter referred to as “Licensee”). It outlines the terms and conditions governing the use of Hulu Target software, including its web platform and mobile applications. By downloading, installing, or using Hulu Target software, the Licensee agrees to abide by the terms set forth in this agreement. This EULA aims to clarify the roles, responsibilities, and expectations of both parties to ensure a secure and reliable software usage experience.

Chapter 1: General Provisions

Article 1: Definitions

  1. “Software” refers to Hulu Target’s computer program, web platform, mobile applications, and any related documentation, updates, and supplementary materials.
  2. “License” refers to the permission granted to the Licensee to use Hulu Target software under the conditions specified in this EULA.
  3. “Intellectual Property” refers to copyrights, trademarks, patents, and other proprietary rights related to Hulu Target software.
  4. “User Data” refers to all information collected from or provided by the Licensee during their interaction with the Software.

Article 2: Purpose

This EULA governs the Licensee’s rights and obligations regarding the use of Hulu Target software and ensures the protection of the Licensor’s intellectual property. The agreement also aims to safeguard user data and ensure ethical and secure interactions within the Hulu Target ecosystem.

Article 3: Acceptance

  1. The Licensee must accept this agreement before using Hulu Target software.
  2. Acceptance may be expressed through a “clickwrap” mechanism, where the Licensee agrees by clicking an “Accept” or equivalent button.
  3. Any refusal to accept the EULA will prevent access to Hulu Target’s services and functionalities.

Chapter 2: License Grant and Restrictions

Article 1: Grant of License

  1. The Licensor grants the Licensee a non-exclusive, non-transferable, and limited license to use Hulu Target software.
  2. The License is subject to any fees, subscription terms, or usage limitations specified in the agreement.
  3. The License covers only the intended purposes of Hulu Target software and does not extend to unauthorized integrations or modifications.

Article 2: Usage Restrictions

1. The Licensee is prohibited from:

  • Copying, modifying, or distributing Hulu Target software without prior written consent.
  • Reverse engineering, decompiling, or disassembling Hulu Target software.
  • Using Hulu Target software for unlawful activities or in violation of third-party rights.

2. The Licensee must not:

  • Create derivative works based on Hulu Target software.
  • Share login credentials with unauthorized users or entities.

3. Any breach of these restrictions may result in termination of the License and possible legal action.

Article 3: Transfer and Assignment

  1. The Licensee may not transfer or assign the License to any third party without the Licensor’s prior written consent.
  2. Any unauthorized transfer or assignment is void.
  3. In case of company mergers or acquisitions, the Licensee must notify the Licensor and obtain approval for continued software use.

Chapter 3: Data Usage and Confidentiality

Article 1: Data Usage

  1. The Licensee agrees that Hulu Target may collect and use data derived from the Licensee’s use of the Software for analytics purposes to improve functionality, user experience, and performance.
  2. Hulu Target may also use collected data for promotional activities, ensuring that no personally identifiable information (PII) is disclosed without prior consent from the Licensee.
  3. The Licensee acknowledges that aggregated, anonymized data may be shared with third parties to support product development and marketing efforts.
  4. Hulu Target shall ensure compliance with applicable data protection laws, including GDPR and CCPA, in handling user data.

Article 2: Confidentiality

  1. The Licensee agrees to keep any proprietary information related to Hulu Target software confidential and not to disclose it to third parties without the Licensor’s consent.
  2. Confidential information includes, but is not limited to, source code, algorithms, business strategies, and user data.
  3. This obligation remains effective even after termination of the agreement.

Chapter 4: Limitations and Liability

Article 1: Warranty Disclaimer

  1. Hulu Target software is provided “as is” without any warranties, express or implied.
  2. The Licensor disclaims any responsibility for issues arising from compatibility, user error, or external factors.
  3. No guarantees are provided regarding uninterrupted or error-free operation of the Software.

Article 2: Limitation of Liability

The Licensor is not liable for any indirect, incidental, or consequential damages resulting from the use of Hulu Target software.
The Licensor’s total liability, in any case, shall not exceed the amount paid by the Licensee for Hulu Target software.
The Licensee agrees to use the Software at their own risk and to take necessary precautions to secure their data and devices.

Article 3: Indemnification

The Licensee agrees to indemnify and hold the Licensor harmless from any claims or damages arising from misuse of Hulu Target software. This includes:

  1. Breach of third-party rights.
  2. Violations of local, national, or international laws.
  3. Unauthorized distribution or exploitation of Hulu Target software.

Article 4: Prohibited Actions

1. The Licensee agrees not to engage in any activity using Hulu Target software that:

  • Promotes hate speech, discrimination, or violence based on race, religion, gender, or any other protected characteristic.
  • Involves illegal activities, such as fraud, hacking, or dissemination of malicious software.
  • Harms the reputation of Hulu Target or its affiliates through defamatory statements or unethical practices.

2. Activities that attempt to bypass Hulu Target’s security measures are strictly prohibited.

3. The Licensor reserves the right to terminate access to the Software immediately if such activities are detected.

Chapter 5: Updates and Termination

Article 1: Updates and Maintenance

  1. The Licensor may provide updates or patches to Hulu Target software to improve functionality or address security concerns.
  2. The Licensee is required to install updates to maintain compliance with this agreement.
  3. Failure to install critical updates may result in suspension or termination of the License.

Article 2: Termination

  1. The Licensor may terminate this agreement if the Licensee breaches any of its terms.
  2. Upon termination, the Licensee must cease all use of Hulu Target software and delete any copies in their possession.
  3. The Licensee may terminate the agreement by providing written notice and ensuring removal of all Software components.
  4. Termination does not exempt the Licensee from outstanding payment obligations.

Chapter 6: Governing Law and Dispute Resolution

Article 1: Governing Law

This agreement shall be governed by the laws of [Jurisdiction], excluding its conflict of law provisions.

Article 2: Dispute Resolution

  1. Any disputes arising from this agreement shall be resolved through negotiation between the parties.
  2. If negotiation fails, the parties agree to submit to arbitration under the rules of [Arbitration Body].
  3. Legal action may only be initiated after exhausting all alternative dispute resolution mechanisms.

Chapter 7: Additional Provisions

Article 1: Related Agreements

  1. The Licensee agrees to comply with Hulu Target’s Privacy Policy and Terms of Service, as referenced in this agreement.
  2. Links to these documents shall be provided within the Software.

Article 2: Entire Agreement

This EULA constitutes the entire agreement between the parties and supersedes all prior communications or understandings.

Article 3: Amendments

The Licensor reserves the right to amend this agreement. Any updates shall be communicated to the Licensee through official channels.

Article 4: Severability

If any provision of this agreement is found to be unenforceable, the remaining provisions shall remain valid and enforceable.

Article 5: Force Majeure

The Licensor shall not be held liable for any failure to perform due to causes beyond its reasonable control, including natural disasters, governmental actions, or technical failures.

Conclusion This EULA is designed to protect the interests of both the Licensor and Licensee, ensuring clarity and fairness in the use of Hulu Target software. By adhering to the terms outlined in this agreement, the parties can foster a cooperative and legally sound relationship.