EULA – End User License Agreement
Last updated: May 25, 2021
PLEASE READ THIS DOCUMENT CAREFULLY. IT SIGNIFICANTLY ALTERS YOUR LEGAL RIGHTS AND REMEDIES. BY PURCHASING, DOWNLOADING OR USING A “PYTHON TOOL” (THE “DIGITAL PRODUCT” TO WHICH THIS EULA RELATES) FROM NICLAS SCHLAPMANN YOU ACCEPT ALL OF THIS EULA’S TERMS, INCLUDING THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON DAMAGES, USE AND TRANSFERABILITY. IF YOU DO NOT ACCEPT THIS EULA’S TERMS, DO NOT PURCHASE, DOWNLOAD, INSTALL OR USE THE DIGITAL PRODUCT.
This end-user license agreement (“EULA”) is a legally binding agreement between you, the licensee (“you” or “your”), and the provider (“Niclas Schlapmann” or its subsidiaries, affiliates and suppliers, collectively “Niclas Schlapmann”) of the digital products that you acquire (“Products”) regarding your rights and obligations regarding those Products.
1. Your Status
In this EULA, “you” means the person or entity acquiring rights in the Products. That may be a natural person, or a corporate or business entity or organization.
(a) If you are a natural person then you must be, and you confirm that you are, at least 13 years old. If you are between 13 years and the age of majority in your jurisdiction of residence, you confirm that your parent or legal guardian has reviewed and agrees to this EULA and is happy for you to access and use the Product.
(b) If you are a corporate entity then: (i) the rights granted under this EULA are granted to that entity; (ii) you represent and warrant that the individual completing and accepting this EULA is your authorized representative and has the authority to legally bind you to the EULA; and (iii) to the extent that one or more of your employees are granted any rights in the Product under this EULA, you will ensure that your employees comply with this EULA and you will be responsible and liable for any breach of this EULA by any employee.
Subject to this EULA’s terms and conditions, Niclas Schlapmann hereby grants you a limited, non-exclusive, worldwide, non-transferable right and license to (which will be perpetual unless the license terminates as set out in this EULA): (a) download the Product; and (b) use the Product. Niclas Schlapmann reserves all rights not expressly granted to you under this EULA.
3. License Scope and Restrictions
You may purchase a single or a studio license for the Product.
A single license allows you to install the Product on a single computer at a time for use by a single authorized user. If you are a corporate entity and the authorized employee completing the transaction on your behalf purchases multiple licenses, you may choose to store the Product on a single server or shared hard drive for use by a single authorized employee at a time for each license purchased.
A “Studio License” allows you to install the Product on unlimited computers for use by unlimited authorized users within your company and across it’s branches.
Provided that you comply with the restrictions on users set out above, you may use the Product on an unlimited number of personal or commercial projects.
4. Additional Restrictions
Except as expressly permitted under this EULA, you will not:
(a) make any copy of the Product except for archival or backup purposes;
(b) circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of the Product;
(c) publish, sell, distribute or otherwise make the Product available to others to use, download or copy;
(d) transfer or sub-license the Product or any rights under this EULA to any third party, whether voluntarily or by operation of law;
(e) use the Product for any purpose that may be defamatory, threatening, abusive, harmful or invasive of anyone’s privacy, or that may otherwise violate any law or give rise to civil or other liability;
(f) misrepresent yourself as the creator or owner of the Property;
(g) remove or modify any proprietary notice, symbol or label in or on the Product;
(h) directly or indirectly assist, facilitate or encourage any third party to carry on any activity prohibited by this EULA.
5. Proprietary Rights
The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You are licensing the Product and the right to access, install and use the Product in accordance with this EULA, not buying the Product. As between you and Niclas Schlapmann, Niclas Schlapmann owns all rights, titles and interests in and to the Product, and you are not acquiring any ownership of or rights in the Product except the limited rights granted under this EULA.
6. Interruptions and Errors.
Your use of the Product might be interrupted and might not be free of errors.
THE PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW NICLAS SCHLAPMANN DISCLAIMS, AND YOU WAIVE (WITH REGARD TO NICLAS SCHLAPMANN), ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE PRODUCT, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
NICLAS SCHLAPMANN DOESN’T REPRESENT OR WARRANT THAT: (A) THE PRODUCT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (B) THE PRODUCT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE PRODUCT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) ANY DEFECTS IN THE PRODUCT WILL BE CORRECTED.
8. Exclusion and Limitation of Liability
(a) YOU DOWNLOAD, INSTALL AND OTHERWISE USE THE PRODUCT AT YOUR OWN RISK. YOU AGREE TO, AND HEREBY DO:
(i) WAIVE ANY CLAIMS THAT YOU MAY HAVE AGAINST NICLAS SCHLAPMANN OR IT’S RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY “NICLAS SCHLAPMANN”) ARISING FROM OR RELATING TO THE PRODUCT, AND
(ii) RELEASE NICLAS SCHLAPMANN FROM ANY LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY ARISING FROM OR RELATING TO YOUR USE OF THE PRODUCT, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, EVEN IF NICLAS SCHLAPMANN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, INJURY OR DAMAGE AND EVEN IF THAT LOSS, INJURY OR DAMAGE IS FORESEEABLE.
(b) NICLAS SCHLAPMANN WON’T BE LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR EXPENSES THAT CONSTITUTE: (I) LOSS OF INTEREST, PROFIT, BUSINESS, CUSTOMERS OR REVENUE; (II) BUSINESS INTERRUPTIONS; (III) COST OF REPLACEMENT PRODUCTS OR SERVICES; OR (IV) LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL.
(c) NICLAS SCHLAPMANN WON’T BE LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS OR EXPENSES THAT CONSTITUTE INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, MULTIPLE OR INDIRECT DAMAGES, EVEN IF NICLAS SCHLAPMANN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, CLAIMS OR EXPENSES.
(d) MAXIMUM LIABILITY: IF, DESPITE THE LIMITATIONS SET OUT ABOVE, NICLAS SCHLAPMANN BECOMES LIABLE TO YOU IN RESPECT OF THE PRODUCT OR OTHERWISE UNDER THIS EULA, THE ENTIRE CUMULATIVE LIABILITY OF NICLAS SCHLAPMANN, AND YOUR EXCLUSIVE AND CUMULATIVE REMEDY, FOR ANY DAMAGES (REGARDLESS OF THE CAUSE OR FORM OR ACTION), WILL BE LIMITED TO CAD$1.
As a condition of your use of the Product, you agree to hold harmless and indemnify Niclas Schlapmann from any liability for any loss or damage to any third party resulting from your access to, installation or use of the Product.
Niclas Schlapmann has no obligation to update the Product.
11. Term and Termination
This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if: (a) you breach any terms of this EULA; or (b) you do not complete payment for the Product, or any payment you make is refunded, reversed or cancelled for any reason. Upon this EULA’s termination, you will cease all use of the Product and destroy all copies, full or partial, of the Product in your possession. Sections 7, 8, 9 and 11 through 20 will survive the termination of this EULA.
12. Compliance with Laws
You will comply with all applicable laws when using the Product (including intellectual property and export control laws).
13. Entire Agreement
This EULA supersedes all prior agreements of the parties regarding the Product, and constitutes the whole agreement with respect to the Product.
If you have any concerns about the Product, please contact Niclas Schlapmann and Niclas Schlapmann will work with you to try to resolve the issue.
15. Persons Bound
This EULA will enure to the benefit of and be binding upon the parties and their heirs, executors, administrators, legal representatives, lawful successors and permitted assigns.
Niclas Schlapmann may assign this EULA without notice to you. You may not assign this EULA or any of your rights under it without Niclas Schlapmann’s prior written consent, which Niclas Schlapmann will not withhold unreasonably.
No waiver, delay, or failure to act by Niclas Schlapmann regarding any particular default or omission will prejudice or impair any of Niclas Schlapmann’s rights or remedies regarding that or any subsequent default or omission that are not expressly waived in writing.
18. Applicable Law and Jurisdiction
The laws of British Columbia, Canada (including the laws of Canada applicable in British Columbia), without giving effect to its conflict of law principles, govern your use of the Product, this EULA and all proceedings arising out of it. You attorn to the exclusive jurisdiction of the British Columbia courts for any proceeding arising out of or relating to the Product or this EULA. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this EULA. Your use of the Product may also be subject to other local, state or provincial, national, or international laws.
19. Legal Effect
This EULA describes certain legal rights. You may have other rights under the laws of your country. This EULA does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
In this EULA, “Niclas Schlapmann” refers to the licensor of the Product alone and never refer to the combination of you and that licensor (that combination is referred to as “the parties”).