The following is the EULA – End User License Agreement that you agree to by downloading and using the software. The following is version 1 of the EULA.
Plain english EULA
- You have a 60 day money back guarantee
- You may use the software for as many users as you have purchased licenses
- You may make backup copies of the software
- You may use the software to help create your own software
- You may redistribute the license validation components with you software
- You may not rent, lease or copy the software to others
- The product may contain copy management technology
- The product may auto-update and contact servers in order to complete updates
- You may opt-in to allow collection of feature-usage data for the license manager
- You allow me to tell others that you use my software
- You may provide feedback on the product and I may implement your suggestions
- You agree to respect any and all copyrights that apply to the software
- I believe the software works as intended and will attempt to fix it if it doesn’t
- Don’t use this software for systems where peoples health and safety may be at risk!
- Any disputes will be resolved in Stockholm using Swedish law
Full Text EULA
End-User License Agreement
HABANERO BUSINESS DEVELOPMENT AB (“VENDOR”) IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU IF YOU ACCEPT THE TERMS IN THIS AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING OR USING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE “ACCEPT” BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE “DECLINE” BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ACT FOR AND TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.
- Definitions. “Software” means the software that you obtain from Vendor in binary form and all other machine readable materials that are included with such software or are provided for use with it, including (a) any updates or error corrections provided by Vendor and (b) any user manuals and other documentation provided by Vendor. “Agreement” refers to this End-User License Agreement.
- Sixty-Day Money Back Guarantee. If you are the original licensee of this copy of the Software and are dissatisfied with it for any reason, you may delete all copies of the product and any additional files you have received from Vendor, file a refund request to Vendor or an authorized dealer for a full refund at any time during the sixty (60) day period following your receipt of the Software.
- Use. Under this Agreement, Vendor grants you a non-exclusive license to do the following:
- Install and use one copy of the Software on a single computer. If Vendor has provided you with a Vendor-issued license certificate (“License Certificate”) that authorizes a different number of copies, then you may make the number of copies of the Software licensed to you by Vendor as provided in your License Certificate;
- Make a reasonable number of copies of the Software for backup and archival purposes only;
- Use the Software on a network, provided that you have a licensed copy of the Software for each computer or user that can access the Software over that network;
- After written notice to Vendor, transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this license; and
- Use the Software in accordance with any additional permitted uses set forth below.
- Development License Grant. Subject to the terms and conditions of this Agreement, Vendor grants you a non-exclusive, non-transferable, royalty-free license to use the Software internally for the purpose of designing, developing, and testing your own original software programs. This Agreement does not license you to distribute the Software except as expressly stated herein.
- Distribution License Grant.
- “Run Time Module” means the binary components of the Software designated as the Run Time Module in the Software user documentation that are required for programs created by use of the Software to operate.
- Subject to the terms and conditions of this Agreement, Vendor grants you a non-exclusive, non-transferable, royalty-free license to reproduce and distribute the Run Time Module, provided that (i) you distribute the Run Time Module complete and unmodified and only bundled as part of, and for the sole purpose of running your original software programs, (ii) your original software programs add significant functionality and value, (iii) you do not modify the Run Time Module, (iv) you do not remove or alter any proprietary legends or notices contained in the Run Time Module, (v) you do not distribute the Run Time Module as part of a software or application development program, and (vi) you only distribute the Run Time Module subject to a license agreement that protects Vendor with terms and conditions consistent with the terms contained in this Agreement.
- If you distribute the Run Time Module, you agree to defend, indemnify and hold harmless Vendor, its officers, employees and agents and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys’ fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results or is alleged to arise or result from the use or distribution of your original software programs and/or the Run Time Module.
- Restrictions. You may not:
- Copy the documentation that accompanies the Software;
- Use the Software as part of a facility management, timesharing, service provider, software-as-a-service or service bureau arrangement;
- Sublicense (except as expressly permitted with regard to the Run Time Module), rent, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate or make any attempt to create derivative works from the Software except as expressly permitted by law;
- Use the Software in any manner not authorized by this Agreement.
- Copy Management Technology. This Software may contain license management technology that limits the ability to install and uninstall the Software on a computer to not more than a specified number of times for a specified number of computers. You agree not to disable or circumvent such technology.
- Installation and Auto-Update. The Software’s installation and auto-update processes transmit a limited amount of data to Vendor (or its service provider) about those specific processes from your computer to help Vendor understand and optimize them. Vendor does not associate the data with personally identifiable information.
- Usage Data. You may elect to allow the Software to collect and transmit a limited amount of feature usage data to Vendor (or its service provider) to help Vendor understand and optimize the product. Vendor does not associate the data with personally identifiable information.
- Publicity Provisions. You agree to permit Vendor to use Your name and trademarks to identify You as a Vendor customer on Vendor’s Web site(s), in Vendor marketing materials and in other sales and marketing activities.
- Feedback. You may provide feedback to Vendor. If you do so, Vendor, without compensation to you, may use, copy, commercialize or exploit your feedback in any manner and for any purpose.
- Third Party Software. Additional copyright notices and license terms applicable to portions of the Software from third parties may apply. Any such terms can be found on Vendor’s web site. By accepting this Agreement, you also accept the third party terms.
- License Only. The Software is the property of Vendor or its licensors and is protected by copyright law. You are granted non-exclusive license rights only, which take effect after your acceptance of this license. No right, title or interest is granted except as expressly stated in this Agreement.
- Limited Warranty. Vendor warrants to you that: (a) for a period of sixty (60) days from the date of purchase, as evidenced by a copy of the receipt, the Software will function substantially in accord with its applicable documentation and (b) the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, the Software is provided “AS IS”. Your exclusive remedy and Vendor’s entire liability under this limited warranty will be at Vendor’s option to replace the Software or refund the fee paid for Software. Any implied warranties on the Software are limited to 60 days. Some regions do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which may vary from region to region.
- Disclaimer of Warranty. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL VENDOR OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Vendor’s liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some regions do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
- Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Vendor if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party’s opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon termination, all license grants end and you must destroy all copies of Software and cease all use.
- Export Regulations. All Software and technical data delivered under this Agreement are subject to Swedish export control laws and may be subject to export or import regulations in other countries. You agree to comply with all such laws and regulations.
- Governing Law. Any action related to this Agreement will be governed by the law of Sweden. No choice of law rules of any jurisdiction will apply. Exclusive jurisdiction and venue for any claim regarding this Agreement or its subject matter will lie in the county of Stockholm, Sweden.
- Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
- Usage Limitations. You acknowledge that Software is not designed or intended for use in the design, construction, operation or maintenance of any facility or other use that may affect individual health and safety. Vendor disclaims any express or implied warranty of fitness for such uses.
- Entire Agreement. This Agreement is the entire agreement between you and Vendor relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.