Please read this End User License Agreement ("EULA") before You purchase a License Key for the Product and subsequently download and use the Product.
By purchasing a License Key and/or downloading and using the Product, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License Key and/or download and use the Product.
If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
- In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
- "Confidential Information" — any and all information that Author discloses to You, whether in writing, electronically or orally and in any form (tangible or intangible) that is confidential, proprietary, or relates to shareholders, whether commercial, technical, financial, customer, supplier, product or production related;
- "Documentation" — the detailed information about the Product, its features and the system requirements as made available on the website of the Product, as amended from time to time;
- "Product License" — the license for the Product for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription) to Use the Product;
- "License Key" — a unique code provided by Author, which enables You to activate the Product and to subsequently use the Product during the applicable license term;
- "Product" — any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Author, including any Updates;
- "Updates" — any modified versions and updates of, and additions to the Product (excluding upgrades of the Product);
- "Use" — the access, download, install, copy or get benefit from using the Product in accordance with the documentation;
- "You" — you, the final and ultimate user of the Product or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Product, and the company or other legal entity that will be the final and ultimate user of the Product, if applicable.
- This EULA applies to any licenses granted to You by Author for the use of the Product.
- By purchasing a License Key for the Product and/or downloading and using the Product, You enter into this EULA with Author.
- You acknowledge that this EULA may be modified from time to time without prior notice to You. Such modifications will be effective upon posting on Product website.
- Author grants You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to Use the Product in accordance with this EULA. Author reserves all rights not expressly granted to You.
- Author is and remains the owner of any intellectual property rights with respect to the Product. You shall not acquire any ownership to the Product as result of Your purchase of the License Key or Your Use of the Product.
4. Permitted use and restrictions
- In order to be able to install the Product and receive Updates and upgrades, Your server shall have access to the Internet and shall meet the system requirements described in the Documentation.
- You shall Use the License Key with one production installation of the Product only, unless You have purchased a volume license. In the event You have purchased a volume license, the number of production installations of the Product You may Use shall not exceed the limits of the license. If You exceed the limit, Author may block the License Key.
- You shall Use the Product in accordance with applicable laws and shall not:
- rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key;
- assign the License Key or the Product License without prior written approval of Author;
- Use the Product for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
- delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Product;
- disclose Confidential Information unless if this is required by law or authoritative order.
- Author may modify the Product at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
5. Maintenance and support
- Author will notify You of any available Updates and upgrades.
- You will be entitled to receive Updates and support free of charge during a period of 12 (twelve) months upon purchasing the License Key for the Product. In order to receive Updates after this 12 (twelve) months' period, You will need to renew your License Key.
- You may need to pay an additional fee in order to be able to download an upgrade.
- Any maintenance and support provided by Author, including the provision of Updates and upgrades, will be provided in an adequate way on an "as is" basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
- The terms of this EULA will govern any Updates.
6. Use of data
- Author and its subsidiaries may periodically collect and use technical and related data concerning the Product You have licensed, including about the version number of the Product You have installed and about the system You have installed the Product on. Author will use such data to facilitate maintenance and support with respect to the Product, to improve its products and to provide further services or technologies to You.
- Author may process personal data with respect to You, if and to the extent necessary to provide the License Key, to provide maintenance and support to You with respect to the Product and to comply with its obligations under this EULA. To the extent Author will process personal data, it will comply with its obligations under applicable data protection law.
- You Use the Product at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
- The Product and accompanying documentation are provided on an "as is" and "as available" basis without warranty - express or implied - of any kind, and Author specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Author, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty, and You may not rely upon such information or advice.
8. Liability limitation
- The liability of Author and any third party that has been involved in the creation, production, or delivery of the Product for all damages arising out of or in any way relating to the Product License, the License Key, the Product and/or this EULA shall in no event exceed the total amount(s) paid by You to Author in the preceding 12 (twelve) months.
- Author and any third party that has been involved in the creation, production, or delivery of the Product are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Product).
- This EULA will continue to be in force until the expiry or termination of the Product License.
- The License Key will terminate automatically at the end of the Product License, unless renewed or activated prior to the end of the applicable license term.
- Author is entitled to terminate the Product License by blocking the License Key during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your fee for the License Key within the applicable payment term, or in the event Author is required to do so by law or an order of an applicable court.
- Upon termination of the Product License, You shall cease all use of the Product.
- You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.