End User License Agreement for UserLAnd Software
Please read this End User License Agreement (“EULA”) before You purchase the Software and/or subsequently download and use the Software. By purchasing and/or downloading and using the Software, 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 the full functionality and/or download and use the Software. 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. You may not accept this EULA if You are not of legal age to form a binding contract with UserLAnd.
In this EULA herein the words below shall have the defined meaning assigned to them in this clause, unless the context requires otherwise:
- “Activate” turning the Free version into the Full version of the same application through a purchase at the Google Play store or Apple App store;
- “UserLAnd” UserLAnd Technologies, LLC;
- “Documentation” the detailed information about the Software, its features and the system requirements as made available on the website of UserLAnd, as amended from time to time;
- “Full version” the license for the Software 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 Software;
- “Open Source Software” any software that requires as a condition of use, copying, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form, and (b) be licensed for the purpose of making and/or distributing derivative works, and (c) be redistributable at no charge;
- “Software” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by UserLAnd, including any Updates;
- “Trial version” the license for the Software with reduced functionality for the sole purpose of testing and evaluating the Software;
- “Updates” any modified versions and updates of, and additions to the Software (excluding upgrades of the Software);
- “Use” the access, download, install, copy or receiving of the benefit from using the Software in accordance with the documentation.
- “You” you, the final and ultimate user of the Software or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Software, and the company or other legal entity that will be the final and ultimate user of the Software, if applicable.
- General Terms 1.1 This EULA applies to any licenses granted to You by UserLAnd for the use of the Software. By purchasing the Software and/or downloading and using the Software, You enter into this EULA with UserLAnd. 2.3 This EULA may be modified from time to time. UserLAnd will notify you of such modifications or otherwise, e.g. by using the email address used relating to the download of the Trial version or purchase of the Full version. Any modifications to this EULA shall only apply upon acceptance by You.
- License Grant 2.1 UserLAnd grants You a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA. UserLAnd reserves all rights not expressly granted to You. 2.2 UserLAnd is and remains the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership rights other than a license to the Software as result of Your Use of the Software.
- Permitted use and restrictions 3.1 In order to be able to install the Software and receive Updates and upgrades, Your computer shall have access to the Internet, must have a Google Play or Apple App Store account and shall meet the system requirements described in the Documentation that can be found on the webpage: www.userland.tech. 3.2 You may Use the Software on multiple devices associated with one email address, unless You have purchased (a) a volume license or (b) more than one Full version or Trial version. In the event You have purchased a volume license or more than one Full version or Trial version, the number of computers You may Use the Software on shall not exceed the number of the Full version or Trial version purchased. 3.3 If You exceed the limit or violate the terms of this EULA, UserLAnd reserves the right to disable or block your account from accessing the Full version or Trial version. 3.4 You shall Use the Full version or Trial version in accordance with applicable laws and shall not: rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the Full version or the Trial version; assign the Full version or the Trial version without prior written approval of UserLAnd; Use the Full version or Trial version 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 Software; or copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Software or any parts thereof, except to the extent permitted by applicable law. UserLAnd may modify the Software 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. Certain components of the Software are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. You shall adhere to these terms and conditions, which can be found via the webpage: www.userland.tech.
- Maintenance and support 4.1 UserLAnd will notify You of any available Updates and upgrades. 4.2 You will be entitled to receive software Updates periodically from UserLAnd. 4.3 You may need to pay an additional fee in order to be able to download an upgrade that offers additional functionality beyond the Trial version. 4.4 Any maintenance and support provided by UserLAnd, 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.
- Disclaimer 6.1 Please Use the Software at Your own risk and the entire risk as to satisfaction, quality, performance and accuracy is with You. 6.2 The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied- of any kind, and UserLAnd specifically disclaims the warranty of merchantability or fitness for a particular purpose. No oral or written advice given by UserLAnd, 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.
- Limitation on Liability 7.1 The liability of UserLAnd and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to the License version, the Trial version, the Full version, the Software and/or this EULA shall in no event exceed the total amount of $99. 7.2 UserLAnd and any third party that has been involved in the creation, production, or delivery of the Software shall not be liable to You for any lost profits, lost revenues or opportunities, downtime, or any consequential damages or costs, resulting from any claim or cause of action based on breach of warranty, breach of contract, negligence, or any other legal theory, even if UserLAnd and any third party knew or should have known of the possibility thereof. In no event shall the aggregate liability of UserLAnd and any third party exceed the amount stated in 7.1 of this Agreement. 7.3 The limitations of liability referred to in clause 7.1 and 7.2 shall not apply in the event that: (i) any negligence on the part of UserLAnd leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of UserLAnd or the management of UserLAnd.
- Termination 8.1 This EULA will remain in full force until termination of this Agreement by either Party. 8.2 Upon termination of the Full version or Trial version, You shall cease all use of the Software and shall destroy all copies thereof. 8.3 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.
- Governing law and disputes 9.1 This EULA shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflicts of law rules. 9.2 Any dispute between UserLAnd and You shall exclusively be heard in a competent court of law located in Denver, Colorado.