END-USER LICENSE AGREEMENT FOR Splitsease
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH PROGRAM INSTALL:
This End-User License Agreement ("EULA") is a legal agreement between You (end-user, either an individual or a single entity) and Yarncat LTD for Yarncat LTD’s software product(s) identified above which may include associated software components, media, printed materials, and “online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, You agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between You and Yarncat LTD, (referred to as "Licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If You do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. Licenser reserves all rights not expressly granted to You.
1. SCOPE OF LICENSE
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use. Licenser grants You a nontransferable license to install and use copies of the SOFTWARE PRODUCT on your device running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Android, Apple-branded products]. You may not rent, lease, or lend the SOFTWARE PRODUCT.
(b) Scope of License. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the SOFTWARE PRODUCT as well as upgrades provided by Licenser that replace or supplement the original SOFTWARE PRODUCT, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the SOFTWARE PRODUCT available over a network where it could be used by multiple devices at the same time.
(c) Distribution. You may not transfer, redistribute or sublicense the SOFTWARE PRODUCT and, if you sell your device to a third party, you must remove the SOFTWARE PRODUCT from the device before doing so.
(d) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the SOFTWARE PRODUCT, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the SOFTWARE PRODUCT).
(e) Support Services. Licenser may provide You with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to You as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
2. CONSENT TO USE OF DATA
You agree that Licenser may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the SOFTWARE PRODUCT. Licenser may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
3. COPYRIGHT
(a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Copyright: All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by the Licenser or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. All rights not expressly granted are reserved by the Licenser.
4. TERMINATION
This EULA is valid until terminated by the Licenser or by You. Your rights under this EULA will terminate automatically and without notice from the Licenser if You fail to adhere to any term(s) of this EULA. Upon EULA termination, You shall stop all use of the SOFTWARE PRODUCT, and destroy all copies, full or partial, of the SOFTWARE PRODUCT.
5. NO WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE PRODUCT ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT AND ANY SERVICES, 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 OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT OR SERVICES 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.
No Maintenance or Support. The Licenser has no obligation, expressed or implied, to provide any maintenance, technical or other support for the SOFTWARE PRODUCT.
6. EXTERNAL SERVICES
The SOFTWARE PRODUCT may enable access to Licenser’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licenser is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any SOFTWARE PRODUCT or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licenser or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licenser or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licenser is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licenser reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
7. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSER 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 OF OR INABILITY TO USE THE SOFTWARE PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSER 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 Licenser’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 (USD 50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. MISCELLANEOUS
(a) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
(b) You may not use or otherwise export or re-export the SOFTWARE PRODUCT except as authorized by United States law and the laws of the jurisdiction in which the SOFTWARE PRODUCT was obtained. In particular, but without limitation, the SOFTWARE PRODUCT 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 Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the SOFTWARE PRODUCT, 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 nuclear, missile, or chemical or biological weapons.
(c) If any of the terms of this EULA should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
(d) Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
(e) This Agreement is governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute (contractual or non-contractual) concerning this Agreement. The exception to this is that either party may apply to any court for an injunction or other relief to protect its Intellectual Property Rights.
Licenser Contact Details
Yarncat LTD
86-90 Paul Street
London
EC2A 4NE
contact@yarncat.co.uk