The EULA applies to your rights to use software or applications that are proprietary to Vaderstad, its subsidiaries, and to any updates, and/or supplements thereto, where such software or applications are available for download (for example from the Google Play store or Itunes) and installation on a device as an application (“Software”), and to any associated services, unless other terms accompany such Software or services.
BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE AND/OR SERVICES, YOU ACCEPT THE TERMS OF THIS EULA. YOU WILL HAVE THE RIGHTS TO USE THE SOFTWARE AND/OR SERVICES IF YOU COMPLY WITH THE TERMS OF THIS EULA.
- AGE OF MAJORITY. You must be at least eighteen (18) years of age and either over the age of majority, an emancipated minor, or possess legal parental or guardian consent and be fully able and competent to enter into this EULA.
- SCOPE OF LICENSE. Subject to the terms and conditions of this EULA, and any other terms accompanying such Software, or services, Vaderstad grants to you a personal, revocable, non-exclusive, non-transferable license to download, install and use the Software, and use any associated services, for your own internal or personal use. The Software is licensed and not sold under this EULA.
- THIRD PARTY SOFTWARE. In order to obtain, access or use the Software or services (or portions thereof) you may be required to obtain, access and/or use third party software or services. You must ensure that you are permitted to obtain, access and use such third party software and that you comply with all usage rules governing any third party digital storefront from which you acquire such third party software or services. The Software may also include third party programs that Vaderstad, not the third party, licenses to you under this EULA. Notices, if any, for the third party software or programs are included for your information only.
- FEES AND SUBSCRIPTIONS. Fees may apply to the Software and/or services (or portions thereof) and your license to download, install and use the Software and services is conditional upon payment of the applicable license fees. If you are acquiring the Software and services (or any portion thereof) on a subscription basis or as part of a free trial, then the license set out above applies only for the time period for which you have paid the requisite subscription fees or for the trial time period.
- ADVERTISING. Software may include third party advertisements unless you have subscribed to Software or services that specifically exclude third party advertisements.
- RESTRICTIONS ON USE. Except as permitted by Section 2 (Scope of License), you may not: (i) download, install or use the Software or use the services; (ii) copy, modify, transmit, adapt, vary or create derivative works based on the Software or service in whole or part; (iii) rent, lease, sub- license, sell or otherwise transfer the Software or services to any third party; (iv) work around any technical limitations, including any piracy counter measures, in any Software or services; or (v) reverse engineer, decompile, disassemble, debug, hook, spoof or pirate any Software or services, except solely to the extent that, despite the applicable limitation, it is not permissible for Vaderstad to prohibit such activities pursuant to any applicable laws.
- UPDATES. Vaderstad may change or cancel the availability of any Software or services at any time with or without notice. You may not use the Software or services in any way that could harm them or impair anyone else’s use of them. You may not use the Software or services to try to gain unauthorized access to any service, data, account or network by any means.
- SUPPORT. Complimentary support may be provided by Vaderstad to customers of the Software and services for so long as Vaderstad provides such support. Nothing in this Agreement shall obligate Vaderstad to provide support for the Software for any length of time after publication.
- TERMINATION. You are free to stop using the Software and services and cancel your subscription at any time. You are not required to notify Vaderstad. Your license under this EULA will automatically terminate upon: (a) the end of any trial time period that is not renewed or replaced with an alternative offering by us, (b) when you stop paying any applicable charges or breach this EULA, (c) Vaderstad ceasing to make the Software or service generally available, or (d) when you are given notice of such termination by us. Upon termination all rights granted to you under this license shall cease and you must delete or remove the Software from all products in your possession and control and immediately cease using the Software and any services.
- ENTIRE AGREEMENT. This EULA, and the terms for supplements, updates and services that you use, constitute the entire agreement for the Software and services.
- APPLICABLE LAW. This EULA is governed by and construed under the laws of the Province of Saskatchewan, Canada, excluding any body of law governing conflicts of law. The courts of Regina, Saskatchewan, Canada have non-exclusive jurisdiction. If the laws of the Province of Saskatchewan, Canada are not recognized by the courts of your country, then this EULA shall be governed by and construed by your local laws.
- LEGAL EFFECT. This EULA describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired third party software. This EULA does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
- APPLICATION OF LIMITATIONS. This limitation applies (A) to anything related to the Software and services; and (B) even if Vaderstad knew or should have known about the possibility of the damages. The above limitation or exclusion do not apply: (I) to you to the extent that your country does not allow Vaderstad to exclude or limit its liability, in which case Vaderstad’s liability shall be limited and excluded to the extent permissible by the laws of your country; and (II) in relation to any third party content (including code), third party internet sites, third party software, data, in which case Vaderstad’s liability shall be excluded entirely.
- DISCLAIMER OF WARRANTY. THE SOFTWARE AND SERVICES ARE LICENSED “AS-IS” AND FOR ACCESS AND USE ONLY IN ACCORDANCE WITH THE DOCUMENTATION PROVIDED BY VADERSTAD. YOU BEAR THE RISK OF USING IT. VADERSTAD GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS WHICH THIS EULA CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, VADERSTAD EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT. THE LIMITATION OF LIABILITY SPECIFIED IN THIS PARAGRAPH APPLIES REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION, WHETHER THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, THE DAMAGES ARE FORESEEABLE, OR THE ALLEGED BREACH OR DEFAULT IS A FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM. To the extent that liability limitations are unenforceable in your jurisdiction, vaderstad's aggregate liability in any event for any cause shall be limited to $100.
- MODIFICATIONS TO THIS AGREEMENT MAY BE MADE BY VADERSTAD AT ANY TIME. THE MODIFIED AGREEMENT WILL BE EFFECTIVE IMMEDIATELY UPON POSTING ON OUR WEBSITE AND YOU AGREE TO THE NEW POSTED AGREEMENT BY CONTINUING THE USE OF THE SOFTWARE. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF MODIFICATIONS THAT ARE MATERIAL TO YOUR USE OF THE SOFTWARE. IF YOU DO NOT AGREE WITH THE MODIFIED AGREEMENT, YOUR ONLY REMEDY IS TO (A) DISCONTINUE USING THE SOFTWARE, AS WELL AS ANY FREE TRIAL (IF APPLICABLE), AND (B) TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS, IN WHICH CASE THERE SHALL BE NO REFUND TO YOU OF ANY PREPAID FEES.
- EACH PARTY ACKNOWLEDGES THAT THE WARRANTY DISCLAIMERS, LIABILITY AND REMEDY LIMITATIONS, AND SERVICE LEVELS IN THIS AGREEMENT ARE MATERIAL BARGAINED FOR BASES OF THIS AGREEMENT AND THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.