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End User License Agreement (EULA) for DriftGuard: Gamepad Maintenance Tool

Effective Date: 28.08.2024

IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE DRIFTGUARD SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

This End User License Agreement ("EULA") is a legal agreement between you ("User" or "You") and VestraCode Sp. z o.o ("Company" or "We"), the creator of the software application DriftGuard: Gamepad Maintenance Tool ("Software"). This EULA governs your use of the Software.

1. License Grant
VestraCode Sp. z o.o grants you a non-exclusive, non-transferable, revocable license to use the Software solely for your personal, non-commercial purposes in accordance with the terms of this EULA.

2. Restrictions
You agree not to:

Modify or Create Derivative Works: You may not modify, adapt, translate, or create derivative works based on the Software.
Reverse Engineer: You may not reverse engineer, decompile, or disassemble the Software, except to the extent that such activity is expressly permitted by applicable law.
Distribute or Sublicense: You may not distribute, sublicense, rent, lease, lend, or otherwise transfer the Software to any third party.
Commercial Use: The Software is licensed for personal use only. Any commercial use of the Software is strictly prohibited without prior written consent from VestraCode Sp. z o.o.
3. Device Compatibility and Usage
Supported Devices: The Software is designed to work only with original PS4 (all revisions), PS5, and PS5 Edge controllers. Compatibility with other devices is not guaranteed.
Calibration Feature: The calibration feature of the Software is experimental. By using this feature, you acknowledge that it may not function as expected and that you do so at your own risk. VestraCode Sp. z o.o is not responsible for any issues that may arise from using this feature.
Battery Requirements: You must ensure that your controller is fully charged before using the Software. VestraCode Sp. z o.o is not liable for any damage caused by using the Software with a low battery.
4. Intellectual Property Rights
The Software and all associated intellectual property rights are the exclusive property of VestraCode Sp. z o.o. All rights not expressly granted to you under this EULA are reserved by VestraCode Sp. z o.o.

5. Disclaimer of Warranties
The Software is provided "AS IS" without warranty of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. VestraCode Sp. z o.o does not warrant that the Software will meet your requirements or that its operation will be uninterrupted or error-free.

6. Limitation of Liability
To the fullest extent permitted by applicable law, VestraCode Sp. z o.o shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Software; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Software; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Software by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Software, whether based on warranty, contract, tort, or any other legal theory, and whether or not VestraCode Sp. z o.o has been informed of the possibility of such damage.

7. Termination
This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from VestraCode Sp. z o.o if you fail to comply with any term(s) of this EULA. Upon termination, you must cease all use of the Software and destroy all copies, full or partial, of the Software.

8. Governing Law and Jurisdiction
This EULA shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of laws principles. Any legal action or proceeding arising under this EULA will be brought exclusively in the courts located in Poland, and the parties irrevocably consent to the personal jurisdiction and venue therein.

9. Amendments to this EULA
VestraCode Sp. z o.o reserves the right to amend this EULA at any time. Any such amendments will be posted on our website or within the Software itself. Your continued use of the Software after such posting constitutes your acceptance of the modified EULA.

10. Severability
If any provision of this EULA is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the other provisions of this EULA shall remain in full force and effect.

11. Entire Agreement
This EULA constitutes the entire agreement between you and VestraCode Sp. z o.o with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter.

12. Contact Information
If you have any questions about this EULA, please contact VestraCode Sp. z o.o at [Insert Contact Information].

By installing or using the Software, you acknowledge that you have read this EULA, understand it, and agree to be bound by its terms and conditions.