End-User License Agreement

1. Agreement Overview

This End-User License Agreement ("Agreement") is a legal agreement between you ("User" or "You") and DMXDesktop ("Provider") for the use of DMXDesktop App ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement.

2. License Grant

The Provider grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Software for both personal and commercial purposes, strictly in accordance with the terms of this Agreement. This license permits small businesses, organizations, and individuals to use the Software for commercial activities, provided such use complies with applicable laws and this Agreement. The Software may be updated from time to time, and the updates may be automatically installed on your device.

2.1 Commercial Software

The Software is commercial software, which may offer limited trial periods. After the trial period, you must purchase a subscription or a license to continue using the Software. The subscription or license is only for use by the original purchaser and is non-transferable. You agree not to share, distribute, or otherwise make the Software available to any third party without the express written consent of the Provider. The Provider reserves the right to modify the terms of the trial period, subscription, or license at any time. You will be notified of any such changes, and continued use of the Software after such notification will constitute your acceptance of the modified terms.

3. Restrictions

You agree not to, and you will not permit others to: License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Software or make the Software available to any third party. Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Software. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Provider or its affiliates, partners, suppliers, or the licensors of the Software.

4. Intellectual Property

The Software, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights are, and shall remain, the sole and exclusive property of the Provider.

5. Updates and Maintenance

The Provider may provide updates, upgrades, or maintenance services for the Software. Such updates may be provided automatically or manually and may modify or delete certain features and functionalities of the Software. You agree that the terms of this Agreement will apply to any updates, upgrades, or maintenance services provided by the Provider.

6. Term and Termination

This Agreement is effective from the date you first use the Software and shall continue until terminated. The Provider may terminate this Agreement at any time upon notice to you or if you fail to comply with any term(s) of this Agreement. Upon termination, you shall cease all use of the Software and delete all copies of the Software.

7. Disclaimer of Warranties

The Software is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Provider, on his own behalf and on behalf of his affiliates and licensors, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Software, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

8. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Provider or his affiliates, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, exemplary, or consequential damages whatsoever, including but not limited to damages for loss of profits, loss of data, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Software, even if the Provider has been advised of the possibility of such damages. In no event shall the Provider's total liability exceed the amount of EUR 0.00.

9. Compliance with EU Law

This Agreement shall be governed by and construed in accordance with the laws of the European Union, without regard to its conflict of law principles. You agree that any disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts of Szczecin, Poland.

10. Severability

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.

11. Entire Agreement

This Agreement constitutes the entire agreement between you and the Provider regarding the use of the Software and supersedes all prior and contemporaneous written or oral agreements between you and the Provider.

12. Amendments to this Agreement

The Provider reserves the right, at his sole discretion, to modify or replace this Agreement at any time. If a revision is material, the Provider will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the Provider's sole discretion. By continuing to access or use the Software after any revisions become effective, you agree to be bound by the revised terms.

13. Record of Consent

DMXDesktop will keep a record of your acceptance of this agreement including the version of the document your IP Address and the date of your consent. This record is stored to ensure compliance with GDPR and other applicable laws. You may request a copy of your consent record at any time by contacting our support team.

14. Contact Information

If you have any questions or concerns about this End User Licence Agreement, please contact: [email protected].

DMXDesktop
Tax Identification Number / VAT Number: PL 8513317812
Company Registration Number (REGON): 529577980