-
Notifications
You must be signed in to change notification settings - Fork 35
/
license.txt
87 lines (74 loc) · 12.9 KB
/
license.txt
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
End User License Agreement
Lexogrine HUD Manager v 2.0
Lexogrine HUD Manager ("Application" / "Software") are licensed, not sold to the End User ("Licensee" / “You”).The End User should first accept this End User License Agreement ("EULA" / "License") to use the Application.
PLEASE READ THIS EULA CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE APPLICATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL AND/OR USE THE SOFTWARE.
1. INTRODUCTION
1.1 The Licensor is Michał Majka Neurogrine , ul. Armii Krajowej 7/14, 30-150 Kraków, NIP 6772308416, REGON 369467404, (“Licensor”) has been authorized by the Application producer by way of distribution agreement to act as the Licensor.
1.2 The Licensor reserves all rights to the Application that have not been expressly granted to the End User under this EULA.
1.3 The Licensee shall be responsible for managing data in the Application which was introduced by Licensee.
1.4 The Licensor shall inform the Licensee through the website or e-mail message about the possibility of downloading the new version of the Application. Any information concerning the product and data relating to the producer can be found on the website under the following URL address: lexogrine.com/manager
2. HARDWARE REQUIREMENTS
2.1 Installation and use of Application is possible after meeting the following technical requirements:
a) OS: Microsoft Windows 7 (32 or 64 bit) or later
b) CPU: An Intel Pentium 4 processor or later that's SSE2 capable
c) Memory: 512MB of RAM
d) Space: 1GB of free space
2.2 Application installation or launching shall be carried out in accordance with
the attached instructions available on the website under the following URL address: lexogrine.com/faq or with the steps displayed on the device’s screen.
3. DATA DOWNLOAD
3.1 Information about data download you can found in the Privacy Policy at the URL: lexogrine.com/manager/PrivacyPolicy.pdf
3.2 Diagnostic data should be reported to the Licensor in accordance with point 6 of EULA.
4. SCOPE OF THE LICENSE
4.1 The Licensor grants to the End User a non-exclusive - non-transferable - license to use the Application.
4.2 The license is granted for the scope of functionality specified in the Plan described in the Price List at URL lexogrine.com/manager/pricings for the duration of this Plan, and after this period the license is granted for the basic version of the Application (Basic Plan) for the time of installing the Application on your computer.
4.3 Under the License the Licensee may use the Software:
a) in accordance with the terms of the order Plan;
b) exercise other rights arising from the provisions of the copyright law that the Licensee holds and that do not infringe the Licensor’s rights.
4.4 The Licensee shall not:
a) break technical protection measures,
b) reverse engineer, decompile or disassemble the Software, unless and only to the extent that applicable law expressly authorizes it despite this limitation,
c) give access to the licensed Software to other persons for the purpose of copying,
d) rent out, lease or lend the Application,
e) transfer the Application or the rights under the License to third parties,
f) use the Application or its part to implement any product or service in the Application or in connection with the Software.
4.5 In particular, but without limitation, the Application may not be exported or re-exported (a) to US embargoed countries or (b) to persons on the List of Specially Designated US Treasury Departments or the US Department of Commerce. By using the Software, the Licensee represents and warrants that he is not in any such country or list. The Licensee also agrees that he will not use the Application for the purposes prohibited by international and local law, including, among others, he will not use the Software to develop, design or manufacture any weapon or will not use the Application to collect or share data unlawfully.
5. UPDATE
5.1 The Software is not updated automatically.
5.2 The update requires downloading a new version of the Application and reinstalling. It is recommended to always back up / export data before reinstalling.
6. REPORTING ERRORS
6.1 The errors shall be reported through the contact form which can be found under the following URL address: protostar.gg
7. PERSONAL DATA
7.1 The Licensor complies with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation - hereinafter referred to as “GDPR”).
7.2Information about personal data and GDPR you can found in the Privacy Policy at the URL: lexogrine.com/manager/PrivacyPolicy.pdf
8. ENTIRE AGREEMENT
8.1 EULA remains in force until terminated by the Licensee or the Licensor. The rights under EULA shall expire automatically if the Licensee fail to comply with any of the terms of EULA.
8.2 The License, together with all the provisions concerning the technical support services used by the Licensee, constitutes the entire agreement regarding the use of the Application and is not related to other services.
8.3 Should any provision of EULA be changed and/or invalidated as a result of a final court’s decision, the remaining provisions shall remain in force.
9. GOVERNING LAW
9.1 If the Licensee downloads the Application on the territory of the European Union (not as a consumer within the meaning of Directive 2011/83/EU of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council), EULA shall be interpreted in accordance with the law applicable to the Republic of Poland. The court competent to settle disputes shall be the court competent for the Licensor’s registered office.
9.2 If the Licensee downloads the Application outside the European Union (not as a consumer within the meaning of local law for the registered office of the entrepreneur or the place of purchase), EULA shall be interpreted in accordance with the law applicable to the Republic of Poland. The court competent to settle disputes shall be the court competent for the Licensor’s registered office.
9.3 The Application serves solely for the commercial use of the companies and is not distributed to the consumers.
10 .EXEMPTION FROM LIABILITY
10.1 THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND IS NOT THE SUBJECT OF ANY GUARANTEES, EXCEPT FOR THOSE DESCRIBED IN POINTS 10.5-10.8 BELOW. THE LICENSOR DOES NOT GUARANTEE THE CORRECTNESS, ACCURACY, RELIABILITY OF SOFTWARE OR THE ELEMENTS OR SERVICES RELATED TO IT (UPDATES ETC.) THE LICENSOR EXPRESSLY DECLINES THE IMPLIED GUARANTEES, IN PARTICULAR GUARANTEE OF THE TITLE, AVAILABILITY, EFFICIENCY, INTEGRITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LICENSEE BEARS FULL RISK AS TO THE RESULTS AND OPERATION OF THE SOFTWARE.
10.2 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURIES OR DAMAGE TO PROPERTY, INCLUDING CONSEQUENTIAL. THE LIMITATION REFERRED TO IN POINT 11.1 ABOVE CAN BE APPLICABLE IN SUCH JURISDICTIONS. If this is the case, under no circumstances shall the Licensor's total liability to the Licensee for any damages (other than those required by applicable law in the cases of personal injury) exceed the amount of fifty euros (50.00 EUR). The above restrictions will apply even if the above remedy does not meet its main purpose.
10.3 The Licensee is obliged and responsible for periodic backups in the event of data loss.
10.4 The Licensor does not guarantee that all the Licensee's expectations will be met in the specific application of the Software. The Licensee is obliged to get acquainted with the Software's capabilities before making a purchase or at the latest before its installation.
10.5 If the Licensee purchased the Software on the territory of the European Union, the Licensor shall voluntarily provide a limited manufacturer's warranty (hereinafter referred to as the "Warranty") for the Software, which shall be valid for two (2) years from the moment of purchase.
10.6 If the Licensee purchased the Software in the USA, the Licensor shall voluntarily provide a limited Warranty for the Software, which shall be valid for one (1) year.
10.7 The Warranty provides the Licensee with specific rights, but the Licensee may also have other rights resulting from the regulations in force in a given state or country. The entirety of the Licensee’s rights can be found in the locally applicable provisions of law. If a defect occurs in the Software during the warranty period, the Licensor may, at his sole discretion and to the extent required by law:
a) recommend the installation of a free patch,
b) make changes to the Software, including its functionalities, and recommend another free installation.
10.8 The Licensor shall not be responsible for any damage, loss or lost profits resulting from accidents, improper use or other causes that are not related to the defects in the materials of the devices provided by the Licensor, and which are the base for the Software’s operation. The Licensor shall also not be responsible for any consequences of using or operating any devices working on the basis of the Software or the system.
10.9 IN NO CASE AND UNDER ANY PROVISIONS OF LAW, INCLUDING AMONG OTHERS THOSE CONCERNING TORT OR CONTRACT, SHALL THE LICENSOR BE LIABLE TO THE LICENSEE FOR ANY EXTRAORDINARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGE, INCLUDING AMONG OTHERS THE LOSS OF INCOME OR PROFITS, LOSS OR DAMAGE OF DATA OR FILES, BREAKDOWNS OR MALFUNCTIONS OF THE DEVICE OR THE APPLICATION, OR OTHER COMMERCIAL OR ECONOMIC LOSS RESULTING FROM THE USE OR INABILITY TO USE THE SOFTWARE OR THIRD PARTY SERVICES.
10.10 If the Licensee purchased the Software on the territory of Germany or Austria, in respect of claims for damages, claims for compensation of costs and other claims arising from liability under the contract, tort, breach of statutory obligation or otherwise arising from the License, the liability of the Licensor or the Distributors shall apply without limitation in case of:
a) damage caused intentionally or by gross negligence,
b) claims consistent with the German/Austrian act on the manufacturer’s liability for the product, and
c) in case of the loss of life, bodily injury or damage to health. In the event of material and financial damage, the liability shall be limited to the typical and foreseeable damage.
10.11 In some jurisdictions, the limitation or exclusion of liability is not allowed, so consequently the above limitation or exclusion may not apply to a given Licensee or may apply to him only partially. None of the abovementioned provisions shall violate the Licensee’s statutory rights.
11. FINAL PROVISIONS
11.1 By directly sending any opinions, ideas, suggestions for the improvements ("Opinions"), the Licensee respectively shall grant the Licensor a global, non-exclusive, transferable, available for further licensing, free right to use these Opinions for any of the Licensor's products and projects for the duration of the legal protection under relevant copyrights or industrial property rights, regulations and international pacts and conventions.
11.2 The Licensor reserves the right to modify the function or the operation of the Software. The changes shall be introduced by means of an update. The changes may include, among others, adding new functions or removing the existing functions, including changing the user’s interface. The Licensee shall use the latest version of the Software in order to receive the optimized security and usefulness.
11.3 The Licensee is hereby informed and accepts that all the Software or its part may be temporarily unavailable or may temporarily not work for the reasons beyond the Licensor’s control (force majeure). The Licensor shall not be responsible for the consequences of such disruptions and undertake to restore the availability/operation of the Software as soon as possible, depending on the technical limitations. In such a case it is always necessary to contact the technical support.
11.4 The Licensor reserves the right to terminate the service and not to provide support to the Licensee who does not comply with the terms of the License.
11.5 EULA may be amended, including the provisions may be extended or new provisions may be introduced, including certain limitations. In such a case it shall be required for the Licensee to confirm the terms and conditions. After the Licensee’s acceptance of the amended terms they shall be applicable to the Software. Using the Application is not possible without accepting the updated terms, when required.
11.6 Information about contains software belonging to third parties, which are so-called open source you can found at the following URL: address: https://github.com/lexogrine/hud-manager/blob/master/THIRD%20PARTY%20NOTICES or you can read them in a document called "Third Party Licenses".