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User License Agreement

Last updated February 14, 2024

stag-wp.evalartapp.com is licensed to You (End User) by Noosa Labs, Inc., located and registered at 382 NE 191st St, Miami, FL 33179, USA, Miami, Florida 33179, United States (“Licensor”), for use only under the terms of this License Agreement.

By downloading the Licensed Application from, and any update thereto, as permitted by this License Agreement, You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement, referred to in this License Agreement as “Services.”

The parties to this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with respect to the Licensed Application, such as warranty, liability, maintenance, and support thereof. Noosa Labs, Inc., and not the Services, is solely responsible for the Licensed Application and its content.

This License Agreement may not establish usage rules for the Licensed Application that conflict with the latest (“Usage Rules”). Noosa Labs, Inc. acknowledges that it has had the opportunity to review the Usage Rules and that this License Agreement does not conflict with them.

stag-wp.evalartapp.com, when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. stag-wp.evalartapp.com is intended to be used on devices that operate with.

 

TABLE OF CONTENTS

  1. THE APPLICATION
  2. SCOPE OF LICENSE
  3. TECHNICAL REQUIREMENTS
  4. MAINTENANCE AND SUPPORT
  5. DATA USE
  6. USER-GENERATED CONTRIBUTIONS
  7. CONTRIBUTION LICENSE
  8. LIABILITY
  9. WARRANTY
  10. PRODUCT CLAIMS
  11. LEGAL COMPLIANCE
  12. CONTACT INFORMATION
  13. TERMINATION
  14. THIRD-PARTY AGREEMENT TERMS AND BENEFICIARY
  15. INTELLECTUAL PROPERTY RIGHTS
  16. APPLICABLE LAW
  17. MISCELLANEOUS

 

  1. THE APPLICATION

stag-wp.evalartapp.com (“Licensed Application”) is software created to provide companies and teams with the tools they need to identify and recruit the best talent for their needs. By using our innovative recruitment solutions, any company, anywhere, can evaluate more candidates faster and better than they are doing today, leading to better hiring and, ultimately, better results. Candidates also benefit from a fairer and more convenient process, allowing them to be found and valued by the companies they want to work for — and customized for mobile devices (“Devices”). It is used to evaluate candidates.

  1. ALCANCE DE LA LICENCIA

2.1 This license shall also govern any updates of the Licensed Application provided by the Licensor that replace, repair, and/or supplement the original Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license shall govern.

 

2.2 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates from, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof, except with the prior written consent of Noosa Labs, Inc.

 

2.3 Violations of the obligations mentioned above, as well as any attempt at such violation, may be subject to legal action and damages.

 

2.4 The Licensor reserves the right to modify the terms and conditions of the license.

 

2.5 Nothing in this license shall be interpreted as restricting third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

 

  1. REQUISITOS TÉCNICOS

3.1 The Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of firmware and new hardware. You are not granted the right to claim such an update.

 

3.2 The Licensor reserves the right to modify the technical specifications as it deems appropriate at any time.

 

  1. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You may contact the Licensor at the email address listed in the overview of this Licensed Application.

 

4.2 Noosa Labs, Inc. and the End User acknowledge that the Services have no obligation whatsoever to provide any maintenance and support services with respect to the Licensed Application.

 

  1. DATA USE

The End User acknowledges that the Licensor may access and adjust the downloaded content of the Licensed Application and the End User’s personal data, and that the Licensor’s use of such material and information is subject to the legal agreements entered into by the End User with the Licensor and to the Licensor’s privacy policy, which can be found at the bottom of the Licensed Application.

 

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, application software, and peripherals, provide product support, facilitate software updates, and provide other services, if any, related to the Licensed Application. The Licensor may also use this information to improve its products or to provide services or technologies to you, provided that it is done in a way that does not personally identify you.

  1. USER GENERATED CONTRIBUTIONS

The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other features, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Licensed Application, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material, collectively, “Contributions.” Contributions may be visible to other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. By creating or making available any Contributions, you represent and warrant that:

 

  1. The creation, distribution, transmission, public display or performance, and access, download, or copying of your Contributions do not and will not infringe the proprietary rights, including, but not limited to, copyrights, patents, trademarks, trade secrets, or moral rights of any third party.
  2. You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, filthy, violent, harassing, defamatory, slanderous, or otherwise objectionable, as determined by us.
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions are not used to harass or threaten, in the legal sense of those terms, any other person or to promote violence against a specific person or class of people.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  12. Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference, or physical disability.
  13. Your Contributions do not violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

 

Any use of the Licensed Application that violates the above violates this License Agreement and may result, among other things, in the termination or suspension of your rights to use the Licensed Application.

  1. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Licensed Application or by making Contributions accessible to the Licensed Application by linking your Licensed Application account to any of your social media accounts, you automatically grant, and represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to use, copy, reproduce, disclose, sell, resell, publish, broadly broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt, in whole or in part, and distribute such Contributions, including, without limitation, your image and voice, for any purpose, commercial advertising or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any format and through any communication channel.

 

This license shall apply to any form, media, or technology now known or later developed, and includes our use of your name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images that you provide. You waive all moral rights in your Contributions, and warrant that moral rights have not otherwise been asserted in them.

 

We do not claim ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and expressly agree to release us from any and all liability and to refrain from taking any legal action against us regarding your Contributions.

 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise modify any Contribution; (2) to recategorize any Contribution to place it in more appropriate locations within the Licensed Application; and (3) to pre-screen or delete any Contribution at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

  1. LIABILITY

8.1 The Licensor’s liability in the event of breach of obligations and tort liability shall be limited to intent and gross negligence. Only in the event of a breach of essential contractual duties, cardinal obligations, shall the Licensor also be liable in cases of slight negligence. In any case, liability shall be limited to foreseeable damages typical of the contract. The aforementioned limitation shall not apply to damages to life, body, or health.

 

8.2 The Licensor is not responsible for damages caused by a breach of your obligations under Section 2 of this License Agreement. To avoid data loss, You are required to use the backup functions of the Licensed Application to the extent permitted by the applicable third-party terms and conditions of use. You are aware that in the event of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

  1. WARRANTY

9.1 The Licensor warrants that the Licensed Application is free of spyware, trojans, viruses, or any other malware at the time of download. The Licensor warrants that the Licensed Application works as described in the user documentation.

 

9.2 No warranty is provided for the Licensed Application if it is not executable on the device, has been modified without authorization, has been inappropriately or culpably manipulated, has been combined or installed with inappropriate hardware or software, has been used with inappropriate accessories, regardless of whether this was done by You or by third parties, or if there is any other reason outside the sphere of influence of Noosa Labs, Inc. that affects the executability of the Licensed Application.

 

9.3 You are required to inspect the Licensed Application immediately after installing it and to notify Noosa Labs, Inc. of any issues discovered without delay through the email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been sent by email within fifteen (15) days after discovery.

 

9.4 If we confirm that the Licensed Application is defective, Noosa Labs, Inc. reserves the option to remedy the situation either by correcting the defect or by providing a replacement delivery.

 

9.5 In the event that the Licensed Application fails to conform to any applicable warranty, You may notify the Service Store Operator, and the purchase price of your Licensed Application will be refunded to you. To the maximum extent permitted by applicable law, the Service Store Operator will have no other warranty obligation with respect to the Licensed Application, and any other loss, claim, damages, liabilities, expenses, and costs attributable to any negligence in complying with any warranty.

 

9.6 If the user is an entrepreneur, any claim based on defects shall expire after a statutory limitation period of twelve (12) months from the date the Licensed Application was made available to the user. For users who are consumers, the statutory limitation periods shall apply.

  1. PRODUCT CLAIMS

Noosa Labs, Inc. and the End User acknowledge that Noosa Labs, Inc., and not the Services, is responsible for addressing any claim by the End User or any third party relating to the Licensed Application or the End User’s possession and/or use of such Licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation.

  1. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

  1. CONTACT INFORMATION

For general inquiries, complaints, questions, or claims regarding the Licensed Application, please contact:

 

382 NE 191st St, Miami, FL 33179, EE.UU.

Miami, FL 33179

Estados Unidos

evalart@stag-wp.evalartapp.com

  1. TERMINATION

The license is valid until terminated by Noosa Labs, Inc. or by You. Your rights under this license will terminate automatically and without notice from Noosa Labs, Inc. if You fail to comply with any of the terms of this license. Upon termination of the license, You must stop all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.

  1. THIRD-PARTY AGREEMENT TERMS AND BENEFICIARY

Noosa Labs, Inc. represents and warrants that Noosa Labs, Inc. will comply with applicable third-party agreement terms when using the Licensed Application.

 

In accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End User License Agreement,” affiliates shall be third-party beneficiaries of this End User License Agreement and, upon Your acceptance of the terms and conditions of this License Agreement, shall have the right, and shall be deemed to have accepted the right, to enforce this End User License Agreement against You as a third-party beneficiary thereof.

  1. INTELLECTUAL PROPERTY RIGHTS

Noosa Labs, Inc. and the End User acknowledge that, in the event of any third-party claim that the Licensed Application or the End User’s possession and use of such Licensed Application infringes that third party’s intellectual property rights, Noosa Labs, Inc., and not the Services, shall be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

  1. APPLICABLE LAW

This License Agreement is governed by the laws of the State of Delaware, excluding its conflict of law rules.

  1. MISCELLANEOUS

17.1 If any of the terms of this agreement is or becomes invalid, the validity of the remaining provisions shall not be affected. Invalid terms shall be replaced by valid terms formulated in such a way as to achieve the primary purpose.

 

17.2 Collateral agreements, changes, and amendments shall only be valid if set forth in writing. The foregoing clause may only be waived in writing.

 

17.3 At Evalart.com, we believe in creating a safe and respectful virtual environment for everyone, regardless of background or identity. To make this possible, we have established a set of rules that we expect all users to follow. These rules prohibit any discriminatory, harassing, or disrespectful behavior toward individuals or groups. This includes racism, which means treating people differently based on their race or ethnicity; antisemitism, which means discriminating against people of Jewish heritage, beliefs, or practices; and harassment, which means intimidating, belittling, or harassing others. We also do not tolerate any form of discrimination based on age, sex, sexual orientation, disability, religion, or any other characteristic protected by law. This applies to all aspects of our business, including hiring, promotion, and service delivery. If you violate any of these rules, we will take appropriate disciplinary action, which may include termination of your account or legal action, depending on the circumstances. We take all reports of discrimination, harassment, or other violations of these rules seriously and will investigate them thoroughly and confidentially. We encourage everyone to report any incident they believe violates these rules, and we are committed to taking all necessary steps to ensure that Evalart.com remains a welcoming and respectful virtual environment for everyone.