This document is a license agreement (“License Agreement”) between (“You”, “Your”) (either as an individual or business) and Codeux Software, LLC (“Codeux Software”, “Our”, “We”) governing the use of our software (“Software”).
The Software is licensed, not sold, to you by Codeux Software for use only under the terms of the License Agreement. Codeux Software retain ownership of the Software itself and reserve all rights not expressly granted to you.
When you purchase software from the Mac App Store, Apple’s standard End User License Agreement applies instead.
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, AND/OR USING THE SOFTWARE. BY DOWNLOADING, INSTALLING, AND/OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, DO NOT DOWNLOAD, INSTALL AND/OR USE THE SOFTWARE AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”.
The License Agreement grants the non-exclusive right to evaluate the Software one time for a period not to exceed 30 days prior to purchasing it. After the evaluation period expires, the Software must be purchased or destroyed.
When the Software is purchased from Codeux Software as/for an individual (“Personal License”), the License Agreement grants the individual the non-exclusive right to install and use the Software on as many computers that individual owns or controls.
Businesses may optionally purchase a “Site License” which ties the License Agreement to the business and not to an individual. The business is therein granted the non-exclusive right to install and use the Software on as many computers as defined by the purchase quantity, regardless of who may operate said computers.
You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Software.
Codeux Software grants a license holder the non-exclusive right to make a one-time permanent transfer of all rights granted by the License Agreement, in its original form, to another party. For this to occur, Codeux Software must be notified of and approve the transfer, and the assignee must agree to be bound by the terms of the License Agreement.
The License Agreement does not allow you to install or use the Software on a computer that you do not own or control.
You may make copies of the Software solely for backup or archival purposes.
“Upgrade” is defined as a major release of the Software. Which release of the Software is an Upgrade can be distinguished by the first number of its version. For example, version “1.0.2” is a different Upgrade, compared to “2.0.0,” because “1.” is not equal to “2.”
“First Release Date” is defined as the date on which the first release of an Upgrade is published.
“Last Release Date” is defined as the date on which the last release of an Upgrade is published.
“Improvements” is defined as a new version, or update, that is published for an Upgrade.
In the event of a new Upgrade is published:
If you are not satisfied with the Software for any reason, you may request a refund in full; up to, but not to exceed, 30 days after original purchase date. To request a refund, contact support@codeux.com.
The License Agreement is effective until terminated.
Your rights under the License Agreement will be automatically terminated, without notice, if you fail to comply with any terms of the License Agreement or otherwise fail to pay the fees and charges, if any, payable to Codeux Software and associated with your use of the Software.
Upon the termination of the License Agreement, you shall cease all use and destroy all copies, full or partial, of the Software on your computer and otherwise in your possession or control.
Title and intellectual property rights in and to any content displayed by or accessed through the Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, the License Agreement does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.
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 the electronic documentation for the Software, and your use of such material is governed by their respective terms.
You acknowledge receipt of our Privacy Policy and that you have read it, understand it, and you agree to it.
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL CODEUX SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The License Agreement will be governed by and construed in accordance with the laws of the State of Virginia (VA), excluding its conflict of law principles. The License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of the License Agreement shall continue in full force and effect.
The courts located in or within 75 miles of Hampton, VA shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under the License Agreement. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to such jurisdiction and venue.