End User License Agreement
Effective date: Jan 01, 2019
The Software Product ('TouchOSC', 'the Software', 'the application') is property of Hexler Limited ('the Company', 'us', 'we') and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed to end users ('you') and not sold.
By installing the Software Product you agree to the following terms, notwithstanding anything to the contrary in this agreement. If you do not agree with any term or condition, do not download, open, install or use the Software Product.
You will not use the Software Product for illegal purposes.
Subject to payment of the license fee and receipt of your license key, and your compliance of all terms and conditions Hexler Limited grants you non-exclusive, non-transferable license to use the Software Product for (a) royalty-free personal use, and (b) restricted use in a commercial environment.
The Software Product is licensed as follows:
1.1 Installation and Usage
Licenses are per user and valid for use on all supported desktop operating systems. License keys may be used on multiple computers and operating systems, provided the license key holder is the primary user. Businesses must purchase at least as many licenses as the number of people using the Software Product.
1.2 Backup Copies
You may make copies of the Software Product for backup and archival purposes.
2. Description of Other Rights and Limitations
Licenses for the Software Product are provided with the explicit restrictions:
2.1 Maintenance of Copyright Notices
You must not remove or alter any copyright notices on any copy of the Software Product.
2.2 Trade Secrets
The source code, design, and structure of the Software Product are trade secrets which belong to Hexler Limited. You will not disassemble, decompile, or reverse engineer the Software Product, in whole or in part.
You may not distribute, re-package, bundle, sell, lease, lend or rent the Software Product, in whole or in part, to third parties. Licenses will be revoked if the Software Product is distributed or sold to third parties.
2.4 Permitted 'Commercial Use'
The Software Product may be used 'in-house' for internal development, research and testing. The license does not allow distribution or packaging of the Software Product into other commercial products (see section 2.3). [If you wish to include the Software Product, in whole or in part, into your commercial product please contact us requesting commercial licensing and royalties information.]
No Refunds. In the event that this Agreement expires, or is terminated, no portion of any payments of any kind shall be owed or be repayable or refunded.
All title, including but not limited to copyrights, in and to the Software Product and any copies thereof are owned by Hexler Limited.
4. No Warranties
Hexler Limited expressly disclaims any warranty for the Software Product, which is provided 'as is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose.
Hexler Limited does not guarantee that software or content from an approved partner will function, sound, or appear as offered or hoped, or be complete, accurate, or free from bugs, errors, viruses, or other harmful content.
No advice or information, whether oral or written, obtained from Hexler Limited or elsewhere will create any warranty or condition not expressly stated in this Agreement.
5. Limitation of Liability
In no event and under no theory of liability shall Hexler Limited and its officers, agents, licensors or other third-party providers be liable for any special, exemplary, incidental, punitive or consequential damages of any kind due to use of the Software Product or arising from this Agreement. This includes without limitation, lost profits, business interruption, or lost information even if such claims, losses or injuries were foreseen or foreseeable. Any claim against us shall be limited to the amount you paid, if any, for use of the Software Product.
Hexler Limited shall have no liability with respect to the content of the Software Product or any part thereof, including but not limited to errors or omissions contained therein, libel, trademark rights, business interruption, loss of privacy or the disclosure of confidential information.
This End User License Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. You agree to submit to the exclusive jurisdiction of the Hong Kong courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
Hexler Limited may make changes and updates to this Agreement from time to time. You understand and agree that if you use the Software Product after the date on which the Agreement has changed Hexler Limited will treat your continued use as acceptance of the updated terms.
If you have any questions about this EULA, please contact us:
By email: email@example.com