Version 1.4 – November 25. 2014
You can download the PDF version of the Software License Agreement 1.4. (EULA)
This Agreement is made between you – either an individual or a single entity – (the “Licensee”) and Humane technologies LLC (the “Licensor”) with a principal place of business at Poklukarjeva 22, 1000 Ljubljana, Slovenia (full contact info bellow).
(a) “Software” means the computer programs, media and documentation that constitute Pinegrow Web Editor.
(b) “Install” means placing the Software on a computer’s hard disk, CD-ROM or other secondary storage device.
(c) “Use” means (i) executing or loading the Software into computer RAM or other primary memory, and (ii) copying the Software for archival or emergency restart purposes.
2. GRANT OF RIGHTS.
Personal license: Licensor hereby grants to Licensee a nonexclusive license to install and use the Software on up to 3 single-user computers in its possession that are exclusively used by the user to whom the license is assigned.
Company license: Licensor hereby grants to Licensee a nonexclusive license to install and use the Software on any computer in its possession provided that the number of users does not exceed the number of purchased licenses and that said users work for the Licensee under a formal employment or contractual agreement. User is a person who uses the Software at least once within a month.
Educational / student license: Licensor hereby grants to Licensee a nonexclusive license to install and use the Software on up to 3 single-user computers in its possession that are exclusively used by the user to whom the license is assigned. The Software can only be used for projects where Licensee earns less than $500 per project.
3. LICENSE TERM.
This License is effective when Licensee starts to use the Software and remains in force until Licensee stops using the Software or until Licensor terminates this License because of Licensee’s failure to comply with any of its terms and conditions.
Licensor shall have the right to immediately terminate this License if Licensee fails to perform any obligation required of Licensee under this License or if Licensee becomes bankrupt or insolvent.
5. REFUND POLICY.
30 day money-back guarantee applies to all purchases of Software.
6. RETURN OR DESTRUCTION OF SOFTWARE UPON TERMINATION.
Upon termination of this License, Licensee shall return to Licensor or destroy the original and all copies of the Software including partial copies and modifications. Licensor shall have a reasonable opportunity to conduct an inspection of Licensee’s place of business to assure compliance with this provision.
7. TITLE TO SOFTWARE.
Licensor retains title to and ownership of the Software and all enhancements, modifications and updates of the Software.
8. MODIFICATIONS AND ENHANCEMENTS.
Licensee will make no efforts to reverse engineer the Software, or make any modifications or enhancements without Licensor’s express written consent.
9. WARRANTY LIMITATIONS.
THE SOFTWARE IS PROVIDED “AS IS.” LICENSOR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. REMEDY LIMITATIONS.
Licensor’s entire liability and Licensor’s sole and exclusive remedy for breach of the foregoing warranty shall be Licensor’s option to either:
- return to Licensee the license fee for the period in which the Software did not perform according to this warranty, or
- repair the defects or replace the Software.
11. DAMAGE LIMITATIONS.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING LOSS OF PROFITS, AND LICENSOR’S LIABILITY TO LICENSEE FOR ANY OTHER DAMAGES RELATING TO OR ARISING OUT OF THIS AGREEMENT WHETHER IN CONTRACT, TORT, OR OTHERWISE WILL BE LIMITED TO THE AMOUNT RECEIVED BY LICENSOR FROM LICENSEE AS COMPENSATION FOR THE SOFTWARE DURING THE 0 MONTH PERIOD IMMEDIATELY PRIOR TO THE TIME SUCH CLAIM AROSE.
The parties agree to submit any dispute under this License to binding arbitration under the rules of the American Arbitration Association in the following location: Ljubljana, Slovenia. Judgement upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so.
13. ATTORNEY FEES.
If any legal action is necessary to enforce this License, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which it may be entitled.
14. GENERAL PROVISIONS.
(a) Complete Agreement: This License Agreement constitutes the sole and entire Agreement between the parties. This Agreement supersedes all prior understandings, agreements, representations and documentation relating to the subject matter of this Agreement.
(b) Modifications: Modifications and amendments to this Agreement, including any exhibit, schedule or attachment hereto, shall be enforceable only if in writing and signed by authorized representatives of both parties.
(c) Applicable law: This License will be governed by the laws of Slovenia.
(d) No Agency: Nothing contained herein will be construed as creating any agency, partnership, joint venture or other form of joint enterprise between the parties.
The rights conferred by this License shall not be assignable by the Licensee without Licensor’s prior written consent. Licensor may impose a reasonable license fee on any such assignment.
Vendor information and contact details:
- Full Legal Name of Vendor: HUMANE TECHNOLOGIES LLC Vendor Address: POKLUKARJEVA 22
- City: LJUBLJANA
- State: na
- Zip: 1000
- Country: SLOVENIA
- Contact Person: MATJAZ TRONTELJ
- Contact Person Phone: +66 85 289 1778
- Contact Email