End User License Agreement (EULA)
This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "You") and HyperMink ("Developer") for the use of the software product ("Software") provided by HyperMink. By downloading, installing, or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, install, or use the Software.
1. License Grant
Subject to the terms and conditions of this Agreement, Developer grants User a non-exclusive, non-transferable license to use the Software for personal or commercial purposes in accordance with the terms herein.
2. Permitted Use
User may install and use the Software on any computer or device owned or controlled by User for personal or commercial use. User may use the Software to create derivative works, provided that such derivative works are used in compliance with this Agreement.
3. Restrictions
a. User may not sublicense, sell, lease, rent, loan, distribute, or otherwise transfer the Software to any third party without the prior written consent of Developer. b. User may not reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software, except to the extent permitted by applicable law. c. User may not remove, alter, or obscure any copyright, trademark, or other proprietary notices included in or on the Software.
4. Intellectual Property Rights
User acknowledges and agrees that the Software and all intellectual property rights therein are and shall remain the exclusive property of Developer. This Agreement does not grant User any ownership rights to the Software.
5. Updates and Support
Developer may, but is not obligated to, provide updates, patches, or technical support for the Software. Any updates or patches provided by Developer shall be subject to the terms of this Agreement.
6. Termination
This Agreement is effective until terminated by User or Developer. User may terminate this Agreement at any time by ceasing to use the Software and destroying all copies of the Software in User's possession or control. Developer may terminate this Agreement immediately without notice if User breaches any term of this Agreement.
7. Disclaimer of Warranty
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
8. Limitation of Liability
IN NO EVENT SHALL DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Sydney, Australia, without regard to its conflict of law principles.
10. Compliance with Laws
User agrees to comply with all applicable laws, regulations, and ordinances regarding the use of the Software. User acknowledges that the legality of using the Software may vary based on the jurisdiction in which they are located. Developer makes no representations or warranties regarding the legality of using the Software in any particular jurisdiction. User is solely responsible for determining whether their use of the Software complies with the laws of their jurisdiction.
11. Miscellaneous
Any additional terms, conditions, or provisions not explicitly stated herein shall be subject to negotiation and agreement by both parties in writing.
12. Entire Agreement
This Agreement constitutes the entire agreement between User and Developer regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communications, whether oral or written, between the parties regarding such subject matter.
13. Acceptance of Terms
By downloading, installing, or using the Software, User acknowledges that User has read, understood, and agrees to be bound by the terms of this Agreement.