END USER LICENSE AGREEMENT
Version 1.0 – January 2021
PLEASE READ THIS “EULA” END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ACCEPT THE TERMS OF THIS EULA. YOU MAY NOT USE THE SOFTWARE IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA.
This EULA is a contract concluded between you and FREEMINDTRONIC®SL (hereinafter “FREEMINDTRONIC”). This EULA governs your rights and obligations with respect to the EviDNS ™ software of FREEMINDTRONIC® and / or its third party licensors (including the affiliates of FREEMINDTRONIC) as well as their respective affiliates (here in after collectively referred to as the “SUPPLIERS THIRD PARTY ‘), as well as seen in any update / upgrade provided by FREEMINDTRONIC®, any printed, online or electronic documentation relating to this software and any data files created as a result of use of this software (here in after collectively referred to as the “SOFTWARE”).
Notwithstanding the foregoing, any software included in the SOFTWARE with which is associated a separate end user license agreement (including, without limitation, a GNU General Public License or a Limited General Public License or for Libraries) will be covered by the provisions. of the separate end user license agreement which applies in lieu of the provisions of this EULA to the extent specified by such separate end user license agreement (hereinafter the “EXCLUDED SOFTWARE”).
The SOFTWARE is licensed, it is not sold. The SOFTWARE is protected by laws relating to copyright and other intellectual property rights.
All rights and titles relating to and over the SOFTWARE (including, in particular, any image, photograph, animation, video, audio file, music, text and applet incorporated into the SOFTWARE) are owned by FREEMINDTRONIC ® or one or more of the THIRD PARTY SUPPLIERS.
GRANT OF LICENSE
FREEMINDTRONIC® grants you a limited license to use the SOFTWARE exclusively with your compatible device, hereinafter the “DEVICE” and only for personal non-commercial purposes. FREEMINDTRONIC® and the THIRD PARTY SUPPLIERS expressly reserve all rights, titles and interests (including, in particular, all intellectual property rights) relating to and relating to the SOFTWARE, which are not specifically granted to you under the terms of the this EULA.
OBLIGATIONS AND LIMITS
You may not copy, publish, adapt, redistribute, attempt to source code, modify, reverse engineer, decompile or disassemble all or part of the SOFTWARE, nor create derivative works of the SOFTWARE, unless to such derivative works are intentionally facilitated by the SOFTWARE. You may not modify or tamper with the digital rights management functionality of the SOFTWARE. You may not bypass, modify, prevent or circumvent any of the functions or protections of the SOFTWARE or any mechanism functionally related to the SOFTWARE. You may not separate a specific component of the SOFTWARE in order to use it on more than one DEVICE without the express permission of FREEMINDTRONIC® to do so. You may not remove, alter, cover or deteriorate the marks or mentions affixed to the SOFTWARE. You may not share, distribute, rent, rent, sublicense, assign, transfer or sell the SOFTWARE. Software, network services or other products, other than SOFTWARE, essential for the execution of the SOFTWARE, may be interrupted or stopped at the discretion of the suppliers (software suppliers, service providers or FREEMINDTRONIC®). FREEMINDTRONIC® and these suppliers do not warrant that the SOFTWARE, network services, content or other products will remain available or operate without interruption or modification.
EXCLUDED SOFTWARE AND FREE COMPONENTS
Notwithstanding the foregoing limited license grant, you acknowledge that the SOFTWARE may include EXCLUDED SOFTWARE. Certain EXCLUDED SOFTWARE may be covered by free software licenses (hereinafter the “Royalty Free Components”), that is to say any software license approved as a free license by the Open Source Initiative or any substantially similar license, including without limitation any license which, as a condition of the distribution of software licensed under its terms, requires the distributor to make the software available in source code format.
If and to the extent communication is required, please visit https://freemindtronic.com/products/source-code-distribution-service or other website designated by FREEMINDTRONIC® to find a list of FREE COMPONENTS relevant included in the SOFTWARE as necessary as well as the general conditions governing their use. These general conditions can be modified by the third party concerned at any time, without it being liable to you. To the extent required under the licenses covering the EXCLUDED SOFTWARE, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent that the license terms applicable to EXCLUDED SOFTWARE prohibit any of the restrictions contemplated in this EULA with respect to such EXCLUDED SOFTWARE, this restriction will not apply to such EXCLUDED SOFTWARE. Insofar as the conditions of the licenses applicable to the free Components oblige FREEMINDTRONIC® to offer to provide the source code linked to the SOFTWARE, this proposal is deemed made hereby.
USE OF THE SOFTWARE WITH MATERIALS PROTECTED BY COPYRIGHT
You may be able to use the SOFTWARE to view, store, process and / or use content created by you or by third parties. This content may be protected by copyright, laws relating to other intellectual property rights and / or related agreements. You agree to use the SOFTWARE only in accordance with all such laws and agreements applicable to such content. You acknowledge and agree that FREEMINDTRONIC® may take appropriate measures to protect the copyrights relating to the content stored, processed or used by the SOFTWARE. These measures include, but are not limited to, counting the frequency of your backups and restores by certain features of the SOFTWARE, denying your request for permission to restore data and terminating this EULA in the event of illegitimate use from you of the SOFTWARE.
PLEASE ALSO NOTE THAT THE SOFTWARE MAY BE DESIGNED FOR USE WITH CONTENT AVAILABLE THROUGH ONE OR MORE CONTENT SERVICES (HEREIN AFTER THE “CONTENT SERVICE”). USE OF THE SERVICE AND THIS CONTENT IS SUBJECT TO THE TERMS OF SERVICE OF THIS CONTENT SERVICE. IF YOU DISCLAIM THESE TERMS, YOUR USE OF THE SOFTWARE WILL BE LIMITED. You acknowledge and agree that certain content and services available through the SOFTWARE may be provided by third parties over which FREEMINDTRONIC® has no control. USE OF THE CONTENT SERVICE REQUIRES AN INTERNET CONNECTION. THE CONTENT SERVICE MAY BE INTERRUPTED AT ANY TIME.
INTERNET CONNECTIVITY AND THIRD PARTY SERVICES
You acknowledge and agree that access to certain features of the SOFTWARE may require an internet connection for which you are solely responsible. Furthermore, you are solely responsible for paying third party costs relating to your internet connection, including, in particular, the costs of providers of access or use of the network. The use of the SOFTWARE may be limited or restricted depending on the capacities, bandwidth or technical limits of your connection and your internet service. The provision, quality and security of this internet connectivity are the sole responsibility of the third party providing the service.
REGULATIONS RELATING TO EXPORTS AND OTHER
You agree to abide by all export and re-export restrictions and regulations in effect in the area or country in which you reside, and not to transfer or authorize the transfer of the SOFTWARE to a prohibited country or otherwise in contravention of such restrictions. or regulations.
HIGH RISK ACTIVITIES
The SOFTWARE is not fault tolerance and is not designed, manufactured for, or intended for use or resale as line control equipment in hazardous environments requiring flawless performance, such as the operation of nuclear facilities. , navigation or air communication systems, air traffic control, life support devices or weapons systems, for which failure of the SOFTWARE could lead to death, bodily injury or injury. significant physical or environmental damage (hereinafter “HIGH RISK ACTIVITIES”). FREEMINDTRONIC®, each of the THIRD PARTY SUPPLIERS and each of their respective affiliates disclaim all warranties, obligations or conditions of suitability for HIGH RISK ACTIVITIES, whether express or implied.
SOFTWARE WARRANTY DISCLAIMER
You acknowledge and agree that you use the SOFTWARE at your own risk and that you are responsible for the use of the SOFTWARE. The SOFTWARE is provided “AS IS”, without warranty, obligation or condition of any kind.
FREEMINDTRONIC® AND EACH THIRD-PARTY SUPPLIER (for the purposes of this Section, FREEMINDTRONIC® and each of the THIRD-PARTY SUPPLIERS are collectively referred to as “FREEMINDTRONIC®”) EXPRESSLY DISCLAIM ALL WARRANTIES, OBLIGATIONS OR CONDITIONS, EXPRESSLY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. FREEMINDTRONIC® DOES NOT GUARANTEE OR IMPOSE ANY CONDITIONS OR MAKE ANY DECLARATION
A. AS TO THE FACT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE UPDATED;
B. AS TO THE FACT THAT THE OPERATION OF THE SOFTWARE WILL BE CORRECT OR ERROR-FREE OR THAT ALL DEFECTS WILL BE CORRECTED;
C. AS TO THE FACT THAT THE SOFTWARE WILL NOT DAMAGE ANY OTHER SOFTWARE, ELEMENT OR DATA;
D. AS TO THE FACT THAT ANY SOFTWARE, ANY NETWORK SERVICE (INCLUDING THE INTERNET) OR PRODUCTS (OTHER THAN SOFTWARE) ESSENTIAL FOR THE OPERATION OF THE SOFTWARE WILL REMAIN AVAILABLE, WILL NOT BE INTERRUPTED OR MODIFIED; AND
E. WITH REGARD TO THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, AS TO ITS ACCURACY, PRECISION, RELIABILITY OR OTHERWISE.
NO INFORMATION OR ADVICE GIVEN ORAL OR IN WRITTEN BY FREEMINDTRONIC® OR AN AUTHORIZED REPRESENTATIVE OF FREEMINDTRONIC® CREATES ANY WARRANTY, OBLIGATION OR CONDITION OR IN ANY WAY CREATES THE SCOPE OF THIS WARRANTY. IF THE SOFTWARE IS DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICES, REPAIRS OR CORRECTIONS. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
FREEMINDTRONIC® AND EACH OF THE THIRD-PARTY SUPPLIERS (for the purposes of this Section, FREEMINDTRONIC® and each of the THIRD-PARTY SUPPLIERS are collectively referred to as “FREEMINDTRONIC®”) ASSUME NO LIABILITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE BREACH OF ANY EXPLICIT OR WARRANTY. IMPLIED, ANY BREACH OF CONTRACT, NEGLIGENCE, ANY LIABILITY WITHOUT FAIL OR UNDER ANY OTHER LEGAL THEORY RELATING TO THE SOFTWARE, INCLUDING, PARTICULARLY, DAMAGES ARISING FROM LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF THE SOFTWARE OR ANY RELATED ITEMS, ANY DOWNTIME AND USER TIME, EVEN WITH PRIOR KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGE. IN ANY CASE, THE TOTAL LIABILITY OF EACH AND ALL UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PRODUCT. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
CONSENT TO USE OF NON-PERSONAL INFORMATION, LOCATION DATA, DATA SECURITY
You acknowledge and agree that FREEMINDTRONIC® and its affiliates, partners and agents may read, collect, transfer, process and store certain information collected through the SOFTWARE, including, without limitation, information relating to
- To SOFTWARE and
- To software applications, content and peripheral devices that interact with your DEVICE and the SOFTWARE (hereinafter the “Information”). The Information includes, in particular:
a. Unique identifiers relating to your DEVICE and its components;
b. The operation of the DEVICE, SOFTWARE and their components;
c. The configurations of your DEVICE, SOFTWARE and software applications, content and peripheral devices that interact with the DEVICE and SOFTWARE;
d. The use and frequency of use of the functions (x) of the SOFTWARE and (y) of software applications, content and peripheral devices that interact with the SOFTWARE; and
e. Location data, as shown below. FREEMINDTRONIC® and its affiliates, partners and agents may use and disclose Information subject to applicable laws in order to improve their products and services or to provide products or services to you.
These uses include, but are not limited to:
a) Management of SOFTWARE functionalities;
b) Improving, servicing, updating or upgrading the SOFTWARE;
c) The improvement, development and upgrading of existing or future products and services of FREEMINDTRONIC® and other parties;
d) The provision of information relating to products and services offered by FREEMINDTRONIC® and other parties;
e) Compliance with applicable laws and regulations; and
f) To the extent possible, the provision of location services from FREEMINDTRONIC® and other parties, as set out below. Furthermore, FREEMINDTRONIC® reserves the right to use the Information to protect itself and to protect third parties from illegal, criminal and harmful acts.
Certain services accessible through the SOFTWARE may be based on location information, including, in particular, the geographical location of the DEVICE. You acknowledge that, to provide these services, FREEMINDTRONIC®, THIRD PARTY SUPPLIERS or their partners may collect, store, process and use such location data and that these services are governed by the privacy policies of FREEMINDTRONIC® or these third parties. By using these services, you acknowledge that you have read the privacy policies applicable to these services and agree to such activities.
Please contact relevant third parties to obtain their privacy policies relating to personally identifiable and other information that you provide when you use or access third party software or services.
Information may be processed, stored or transferred to FREEMINDTRONIC®, its affiliates or agents who are located outside your country of residence. Data protection and privacy laws in certain countries may not offer the same level of protection as that offered in your country of residence and you may have less important rights with respect to the Information processed. or stored in or transferred to these countries. FREEMINDTRONIC® will do what is reasonably within its power to take appropriate technical and organizational measures to prevent unauthorized access to the Information or its disclosure, but does not guarantee that it will eliminate any risk of misuse of such Information.
AUTOMATIC UPDATE FUNCTIONALITY
From time to time, FREEMINDTRONIC® or the THIRD PARTY SUPPLIERS may automatically update or otherwise modify the SOFTWARE, including, without limitation, for the purposes of improving security features, correcting errors and improving of its functions, when you interact with FREEMINDTRONIC® or third party servers or otherwise. These updates or changes may remove or change the nature of the functionality or other aspects of the SOFTWARE, including, without limitation, functionality on which you may rely. You acknowledge and agree that these activities may be carried out at the sole discretion of FREEMINDTRONIC® and that FREEMINDTRONIC® may condition the continued use of the SOFTWARE on the installation or full acceptance by you of such updates or modifications. . Any update/modification will be deemed to be part of and part of the SOFTWARE for the purposes of this EULA. By accepting this EULA, you agree to these updates / changes.
ENTIRE CONTRACT, WAIVER, SEVERABILITY
This EULA and FREEMINDTRONIC®’s privacy policies, each as amended and amended from time to time, constitute the entire agreement between you and FREEMINDTRONIC® with respect to the SOFTWARE. The fact that FREEMINDTRONIC® does not exercise or assert a right or a provision of this EULA does not constitute a waiver of that right or of this provision. If any clause of this EULA is declared invalid, illegal or unenforceable, that provision will be applied to the fullest extent permitted in order to preserve the intent of this EULA and its other clauses will remain in full force and continue to have full effect.
APPLICABLE LAW AND COMPETENT JURISDICTION
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA. This EULA is governed by Andorran law, with the exception of the conflict of laws provisions. Any dispute arising from this EULA is subject to the exclusive jurisdiction of the Andorran court, in the Principality of Andorra, and the parties hereto accept the jurisdiction of this court.
ALTERNATIVE MEANS OF REPAIR
Notwithstanding anything to the contrary in this EULA, you acknowledge and agree that any violation or non-compliance with this EULA by you causes irreparable damage to FREEMINDTRONIC®, for which financial compensation would be inadequate, and you agree that FREEMINDTRONIC® will obtain any injunction or any alternative remedy that FREEMINDTRONIC® deems necessary or appropriate in these circumstances. FREEMINDTRONIC® may also exercise any legal or technical remedy to prevent violation of this EULA and / or to implement it, including, without limitation, the immediate termination of your use of the SOFTWARE if FREEMINDTRONIC® deems, in its sole discretion, that you violate or intend to violate this EULA. These remedies are in addition to any other remedies which FREEMINDTRONIC® may have under the law, alternative remedies or under a contract.
Without prejudice to any of its other rights, FREEMINDTRONIC® may terminate this EULA if you violate any of its provisions. In such case of termination, you must:
- Cease all use of the SOFTWARE and destroy any possible copy of it;
- Comply with the terms set out in the section titled “Account Responsibilities” below.
FREEMINDTRONIC® RESERVES THE RIGHT TO MODIFY ANY PROVISION OF THIS EULA IN ITS SOLE DISCRETION BY POSTING AN INFORMATION NOTICE ON A WEBSITE DESIGNATED BY FREEMINDTRONIC®, BY AN ELECTRONIC NOTIFICATION SENT TO THE ADDRESS PROVIDED BY YOUR CARE, ” AN INFORMATION NOTICE AS PART OF THE PROCEDURE ALLOWING YOU TO OBTAIN UPDATES / UPDATES OR BY ANY OTHER LEGALLY ACCEPTED MEANS. If you refuse the modification, you must contact FREEMINDTRONIC® as soon as possible in order to obtain its instructions. Any continued use of the SOFTWARE by you after the effective date of such notice will be deemed to constitute your acceptance of being bound by this modification.
THIRD PARTY BENEFICIARIES
Each THIRD PARTY SUPPLIER has expressly designated a third party beneficiary of this EULA and has the right to enforce any provision thereof with regard to its SOFTWARE.
RESPONSIBILITIES RELATED TO YOUR ACCOUNT
If you return your DEVICE to its place of purchase, sell or otherwise transfer your DEVICE, or if this EULA is terminated, you are responsible for, and requires you to, uninstall the SOFTWARE from your DEVICE and delete any accounts you may have been created on the DEVICE or accessed through the SOFTWARE. It is your sole responsibility to maintain the confidentiality of any accounts you hold with FREEMINDTRONIC® or third parties, as well as all usernames and passwords associated with YOUR USE of the DEVICE.
CHANGES TO THIS LICENSE AGREEMENT
This License Agreement may be revised at any time. We will post the revised version, with an indication of the revision date, on the following site: https://freemindtronic.com/licences/evidns-zeroconf-end-user-license-agreement/
If you have any questions regarding this EULA, you can contact FREEMINDTRONIC® in writing at the address corresponding to each zone or country.
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