| Language: |
END USER LICENSE AGREEMENT (EULA) FOR QUBICLE 3.0
IMPORTANT-READ CAREFULLY
Be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement ("EULA"). Use of this product constitutes your acceptance of these terms and conditions and your agreement to abide by them.
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. DEFINITIONS
“MINDDESK” means Minddesk Software GmbH, a company organized under the German laws, registered at Amtsgericht Hannover, HRB 213421.
“Computer” means a virtual or physical personal electronic device that accepts information in digital or similar form and manipulates it for specific result based on a sequence of instructions.
“SOFTWARE PRODUCT or SOFTWARE” means the program Qubicle 3.0 and associated media, and may include “online” or electronic documentation as well as licensed third party Content.
“Use” means to download, install, access, use the functionality of the Software, subject to compliance with the terms of the License.
“You” means the person, company, or organization that has licensed the SOFTWARE PRODUCT or SOFTWARE.
“LICENSE” means this end-user license agreement between you and MINDDESK.
“DEMO” means a version of the SOFTWARE which may has limited features and is limited in terms of the length of time the SOFTWARE may be used and will cease operating after a predetermined amount of time (“the Trial Period”) due to an internal mechanism within the Demo.
1. SOFTWARE LICENSE
1.1 MINDDESK grants you a non-transferable, non-exclusive license to install and use the SOFTWARE, solely for internal use by a single person.
1.2 You may install and use the SOFTWARE on a primary and a secondary COMPUTER for your convenience but only for use by a single person.
1.3 All rights not expressly granted are reserved by MINDDESK.
3. PERMITTED USES AND RESTRICTIONS
3.1 You may not use the DEMO for any commercial purposes.
3.2 You may use the SOFTWARE for any commercial purposes, if your annual revenue is below $80,000 USD, based on prior fiscal year.
3.3 If your annual revenue is above $80,000 USD, based on prior fiscal year, you may not use the software without the Commercial license DLC.
3.4 You must maintain all copyright notices on all copies of the SOFTWARE.
3.5 You may not reverse engineer, decompile, or disassemble the SOFTWARE.
3.6 You may not rent or lease or lend the SOFTWARE.
3.7 You may not distribute or share the SOFTWARE.
3.8 You may not transfer or assign the License or your rights and obligations in whole or in part, to another party
4. TERMINATION
Without prejudice to any other rights, MINDDESK may terminate this EULA if you fail to comply with the terms and conditions of this EULA. MINDDESK may terminate this EULA by offering you a superceding EULA for the SOFTWARE or any replacement or modified version of or upgrade to the SOFTWARE and conditioning your continued use of the SOFTWARE or such replacement, modified or upgraded version on your acceptance of such superceding EULA. In addition, MINDDESK may terminate this EULA by notifying you that your continued use of the SOFTWARE is prohibited. In the event that MINDDESK terminates this EULA, you must immediately stop using the SOFTWARE and destroy all copies of the SOFTWARE and all of its component parts.
5. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any images and text incorporated into the SOFTWARE) and any copies of the SOFTWARE, are owned by the respective content owner. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE contains documentation which is provided only in electronic form, you may print a copy of such electronic documentation for your personal use.
6. DISCLAIMER OF WARRANTIES
MINDDESK AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
7. EXCLUSION OF ALL DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINDDESK OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MINDDESK OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. LIMITATION AND RELEASE OF LIABILITY
To the full extent allowed by law, YOU HEREBY RELEASE MINDDESK AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of this EULA, do not install the SOFTWARE.
9. QUESTIONS
Should you have any questions, or if you desire to contact MINDDESK for any reason, please contact us online at http://www.minddesk.com or support@minddesk.com
IMPORTANT-READ CAREFULLY
Be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement ("EULA"). Use of this product constitutes your acceptance of these terms and conditions and your agreement to abide by them.
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. DEFINITIONS
“MINDDESK” means Minddesk Software GmbH, a company organized under the German laws, registered at Amtsgericht Hannover, HRB 213421.
“Computer” means a virtual or physical personal electronic device that accepts information in digital or similar form and manipulates it for specific result based on a sequence of instructions.
“SOFTWARE PRODUCT or SOFTWARE” means the program Qubicle 3.0 and associated media, and may include “online” or electronic documentation as well as licensed third party Content.
“Use” means to download, install, access, use the functionality of the Software, subject to compliance with the terms of the License.
“You” means the person, company, or organization that has licensed the SOFTWARE PRODUCT or SOFTWARE.
“LICENSE” means this end-user license agreement between you and MINDDESK.
“DEMO” means a version of the SOFTWARE which may has limited features and is limited in terms of the length of time the SOFTWARE may be used and will cease operating after a predetermined amount of time (“the Trial Period”) due to an internal mechanism within the Demo.
1. SOFTWARE LICENSE
1.1 MINDDESK grants you a non-transferable, non-exclusive license to install and use the SOFTWARE, solely for internal use by a single person.
1.2 You may install and use the SOFTWARE on a primary and a secondary COMPUTER for your convenience but only for use by a single person.
1.3 All rights not expressly granted are reserved by MINDDESK.
3. PERMITTED USES AND RESTRICTIONS
3.1 You may not use the DEMO for any commercial purposes.
3.2 You may use the SOFTWARE for any commercial purposes, if your annual revenue is below $80,000 USD, based on prior fiscal year.
3.3 If your annual revenue is above $80,000 USD, based on prior fiscal year, you may not use the software without the Commercial license DLC.
3.4 You must maintain all copyright notices on all copies of the SOFTWARE.
3.5 You may not reverse engineer, decompile, or disassemble the SOFTWARE.
3.6 You may not rent or lease or lend the SOFTWARE.
3.7 You may not distribute or share the SOFTWARE.
3.8 You may not transfer or assign the License or your rights and obligations in whole or in part, to another party
4. TERMINATION
Without prejudice to any other rights, MINDDESK may terminate this EULA if you fail to comply with the terms and conditions of this EULA. MINDDESK may terminate this EULA by offering you a superceding EULA for the SOFTWARE or any replacement or modified version of or upgrade to the SOFTWARE and conditioning your continued use of the SOFTWARE or such replacement, modified or upgraded version on your acceptance of such superceding EULA. In addition, MINDDESK may terminate this EULA by notifying you that your continued use of the SOFTWARE is prohibited. In the event that MINDDESK terminates this EULA, you must immediately stop using the SOFTWARE and destroy all copies of the SOFTWARE and all of its component parts.
5. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any images and text incorporated into the SOFTWARE) and any copies of the SOFTWARE, are owned by the respective content owner. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE contains documentation which is provided only in electronic form, you may print a copy of such electronic documentation for your personal use.
6. DISCLAIMER OF WARRANTIES
MINDDESK AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.
7. EXCLUSION OF ALL DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINDDESK OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MINDDESK OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. LIMITATION AND RELEASE OF LIABILITY
To the full extent allowed by law, YOU HEREBY RELEASE MINDDESK AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of this EULA, do not install the SOFTWARE.
9. QUESTIONS
Should you have any questions, or if you desire to contact MINDDESK for any reason, please contact us online at http://www.minddesk.com or support@minddesk.com