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LICENSE
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LEXOGRINE HUD MANAGER END USER LICENSE AGREEMENT
PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE USING THE LEXOGRINE HUD MANAGER ("SOFTWARE"). BY USING THE SOFTWARE, 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. General. The Michał Majka Neurogrine, located in Armii Krajowej 7 Street, 30-150 Kraków, NIP: 6772308416, REGON: 369467404 ("Licensor") reserves all rights to the Software that have not been expressly granted to you.
The Licensor reserves that in the free version of Software, the "Powered by Lexogrine HUD Manager" watermark will be displayed during transmission. If you don't want to display the watermark purchase paid version.
2. Hardware Requirements. In order to use the Software it is required to have a device with access to the Internet. More specific information you can find here: https://github.com/lexogrine/hud-manager/blob/master/README.md.
3. Data Protection. The Software does not periodically download any information about you or other users device or information on how to use the Software. The Licensor also does not collect any data about you.
4. Scope of the License.
1. The Licensor grants to you a license in accordance with the Plan selected by the user on the lexogrine.com/manager/pricings website. Depending on the choice of the Plan, the license is free or paid. Regardless of the choice of the Plan, the license is non-exclusive and non-transferable. The license is granted for the period of time specified in the Package.
2. Under the EULA you may use the Software:
a) in accordance with the functionalities of your active Package.
b) exercise other rights arising from the provisions of the copyright law that you hold and that do not infringe the Licensor’s rights.
3. You shall not:
a) use the Software to earn or receive a one-time benefit - to make changes/modifications to the Software and to provide development or support services unless the functionality of your active Package allows it,
b) break technical protection measures, reverse engineer, decompile or disassemble the Software, unless and only to the extent that applicable law expressly authorizes it despite this limitation,
c) rent out, lease or lend the Software,
d) transfer the Software or the rights under the EULA to third parties,
e) sublicense the Software.
4. You agree to use the Software in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Software. The Software functionality requires Internet access and may not be available in all countries or regions.
5. You can make changes / modify the code of the Software on Github by making your own changes (the code fragments entered by you are treated as a "your work"). At the same time, you declare that your work you add is your authorship and is your property, including you have not transferred your work and will not transfer any rights to it to another entity, including you have not granted and will not grant an exclusive license to your work. By making any changes to the code of the Software and introducing your work, you grant an irrevocable and unlimited in time and territory non-exclusive license for the Licensor to include your work in the Software without additional consent and payment for your benefit. You agree that your work will not be marked with the name and surname or other designation of the creator and the Licensor has made the decision to publish and further distribute your work together with the Software. By adding your work, you also consent to the Licensor to make changes / modifications / adaptations of your work without incurring and any payments to you or other entities as well as asking for consent. Your work may be used as part of the storage of the Software, the improvement of a selected part of the Software, or for the operation of the Software or its distribution on the Internet for a fee or free of charge.
5. Termination. This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from Licensor if you fail to comply with any term(s) of this EULA. Upon the termination of this EULA, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.
6. Update. The Software is not updated automatically. The update requires downloading a new version of the Software.
7. Maintenance. If you are interested in support services please contact us [email protected] .
8. Disclaimer of Warranties.
1. If you are a customer who is a consumer, you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about consumer rights, you should contact a local consumer advice organization. The Licensor declares it is ready to resolve disputes amicably. Consumers who would like to take advantage of out-of-court resolution of disputes may use the http://ec.europa.eu/consumers/odr/ platform in order to settle disputes concerning a contract concluded by electronic means.
2. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
If you download 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 EULA, the liability of the Licensor 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. Export Control. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, and nuclear, chemical or biological weapons.
11. Governing Law.
1. If you download the Software 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.
2. If you download the Software 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.
3. License constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by Licensor. Any translation of this EULA is done for local requirements and in the event of a dispute between the English and any non- English versions, the English version of this EULA shall govern.
12. Third Party Notices. Portions of the Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in documentation for the Software, and your use of such material is governed by their respective terms. Please read more information here:
https://github.com/lexogrine/hud-manager/blob/master/THIRD%20PARTY%20NOTICES.