Terms and Conditions

SOFTWARE COMMERCIAL LICENSE AGREEMENT

IMPORTANT NOTICE: READ CAREFULLY BEFORE USING THE SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ("LICENSEE") AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AS POSTED ON THE SOFTWARE'S WEBSITE AT THE TIME OF YOUR ACCEPTANCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE.

1. Definitions

  • a. "Software" refers to the Licensor's software program covered by this License Agreement.
  • b. "Licensor" refers to the entity or individual granting the license under this License Agreement.
  • c. "Licensee" refers to the entity or individual receiving the license under this License Agreement.
  • d. "Free Version" refers to the version of the Software that may have limited features and functionalities compared to the Pro Version, as described on the Software's website.
  • e. "Pro Version" refers to the full version of the Software, which includes all features and functionalities, as described on the Software's website.

2. License Grant

a. The Licensor grants Licensee a non-exclusive, non-transferable license to use the Software pursuant to the terms and conditions of this Agreement.

3. License Agreement Updates

a. Licensor reserves the right to modify or update this License Agreement at any time, at its sole discretion. Any such modifications or updates will be effective immediately upon posting to the Software's website.

b. It is the Licensee's responsibility to regularly review the License Agreement as posted on the Software's website to stay informed of any changes.

c. Continued use of the Software after any such changes shall constitute the Licensee's consent to such changes and agreement to be bound by the updated License Agreement.

d. The most current version of the License Agreement, as available on the Software's website, will supersede all previous versions.

4. License Restrictions

a. Licensee shall not modify, adapt, translate, or create derivative works of the Software.

b. Licensee shall not distribute, sublicense, lease, rent, or otherwise transfer the Software to any third party.

c. Licensee shall not use the Software for any unlawful or unauthorized purpose.

5. Payment and Refund Policy

a. Licensee agrees to pay the price for the Pro Version as specified on the Software's website.

b. No refunds will be provided once the Licensee has purchased the Pro Version of the Software.

6. Update Terms

a. The Pro Version includes eligibility for bug fixes and minor updates, although their provision is not guaranteed. Major updates, which may involve substantial alterations, enhancements in functionality, or improvements to internal algorithms without necessarily changing the user interface, may require a separate purchase. We reserve the right to classify updates as minor or major at our discretion.

8. Limited Support Services

a. On a discretionary basis, the Licensor may offer assistance to users of the Pro Version facing critical issues with the Software. However, Licensees should not have any expectation of receiving support as a guaranteed service. The provision of support, if any, is offered as a courtesy and at the sole discretion of the Licensor, without any commitment to availability, timeliness, or resolution.

9. Intellectual Property

a. All rights, title, and interest in and to the Software (including any updates, enhancements, and modifications) shall remain with the Licensor.

10. Warranty Disclaimer

a. The Software is provided "as is," and Licensor makes no warranties of any kind, whether express, implied, statutory, or otherwise.

11. Limitation of Liability

a. In no event will Licensor be liable for any damages arising out of or related to this Agreement or the use of the Software.

12. Term and Termination

a. This Agreement is effective until terminated by either party.

b. The Licensee may terminate this Agreement at any time by destroying all copies of the Software in their possession or control.

c. The Licensor may terminate this Agreement immediately upon notice to the Licensee if the Licensee breaches any term of this Agreement.

d. Upon termination, the Licensee must destroy all copies of the Software in their possession or control.

13. Assignment

a. This Agreement and the rights granted hereunder may not be transferred or assigned by Licensee without the express written consent of Licensor.

14. Governing Law

a. This Agreement shall be governed by the laws of the jurisdiction where the Licensor resides, without regard to its conflict of law principles.

15. Entire Agreement

a. This Agreement constitutes the entire agreement between the parties with respect to the Software.

16. Contact Information

a. For any inquiries or notices required in connection with this Agreement, contact the Licensor using the contact form provided on the Software's website. In addition, the Licensor's physical address is available on the Software's website for reference.

17. Severability Clause

a. If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

ACKNOWLEDGEMENT: BY INSTALLING OR USING THE SOFTWARE, LICENSEE ACKNOWLEDGES THAT THEY HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Elevest GmbH

Switzerland, March 2024.