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Please read this End User License Agreement (“EULA”) before You purchase a License Key for the App and subsequently download and use the App.
By purchasing a License Key and/or downloading and using the App, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License Key and/or download and use the App.
If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
You may not accept this EULA if You are not of legal age to form a binding contract with Smoke Software, LLC.
1. In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
1. This EULA governs Your use of the App and all Updates thereto and replaces any and all prior oral or written agreements between You and Smoke Software, LLC. with respect to the App.
2. By purchasing a License, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not purchase a License Key and/or download and use the App.
3. Smoke Software, LLC. may amend this EULA at any time by posting a revised version at "https://smoke.software/eula". Such revised version will be effective at the time it is posted. You are advised to regularly check the website for any amendments to this EULA.
4. Smoke Software, LLC. may modify the App at any time, for any reason, and without notice or liability to You, any other user or any third party. Smoke Software, LLC. reserves the right to discontinue offering the App or to modify the App at any time.
1. Subject to the terms and conditions of this EULA, Smoke Software, LLC. hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use the App for the duration of the Smoke Software, LLC. License.
2. Smoke Software, LLC. reserves all rights not expressly granted to You in this EULA. You shall not acquire any ownership to the App as a result of Your purchase of the License Key or Your Use of the App.
1. In order to be able to install the App and receive Updates and upgrades, Your computer shall have access to the internet and shall meet the system requirements.
2. You may not Use the App for any purpose other than the purpose for which the App is designed and intended.
3. You may not Use the App for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity.
4. You may not Use the App in any manner that could damage, disable, overburden, or impair the App (or servers or networks connected to the App), nor may You Use the App in any manner that could interfere with any other party's use and enjoyment of the App (or servers or networks connected to the App).
5. You may not attempt to gain unauthorized access to the App, other accounts, computer systems or networks connected to the App, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the App.
6. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. You may not modify, adapt, translate or create derivative works based upon the App.
8. You may not rent, lease, sublicense, assign or transfer Your rights in the App, or authorize all or any portion of the App to be copied onto another user's computer except as may be expressly permitted herein.
9. You may not remove, alter or obscure any copyright, or other proprietary notices accompanying the App.
1. Smoke Software, LLC. is not obligated to provide any maintenance or support services for the App.
2. Smoke Software, LLC. may provide You with support services related to the App at its sole discretion. Any supplemental software code provided to You as part of the support services shall be considered part of the App and subject to the terms and conditions of this EULA.
3. Smoke Software, LLC. may at any time decide a major Update requires an additional fee in order to be able to download an upgrade.
4. Any maintenance and support provided by Smoke Software, LLC., including the provision of Updates and upgrades, will be provided in an adequate way on an "as is" basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
5. The terms of this EULA will govern any Updates.
1. You acknowledge and agree that Smoke Software, LLC. may collect and use technical data and related information, including but not limited to technical information about Your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the App.
2. Smoke Software, LLC. may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
3. Smoke Software, LLC. may process personal data to You in accordance with its Privacy Policy.
1. You Use the App at Your own risk and discretion. The App is provided on an "as is" and "as available" basis. Smoke Software, LLC. makes no warranty that the App will be uninterrupted, timely, secure, or error-free.
2. Smoke Software, LLC. makes no warranty that the App will meet Your expectations or requirements.
3. Smoke Software, LLC. makes no warranty concerning the quality of the App.
4. Smoke Software, LLC. makes no warranty that the App will work on Your computer or that the App will be compatible with Your computer.
5. Smoke Software, LLC. makes no warranty that the App will work with any other software.
6. Smoke Software, LLC. makes no warranty that the App will be free from bugs, errors, or other program limitations.
7. No oral or written advice given by Smoke Software, LLC., its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.
The liability of Smoke Software, LLC. and any third party that has been involved in the creation, production, or delivery of the App for all damages arising out of or in any way relating to this EULA shall in no event exceed the amount paid by You to Smoke Software, LLC.
Smoke Software, LLC. and any third party that has been involved in the creation, production, or delivery of the App shall in no event be liable for any indirect, consequential, or incidental damages (including damage for loss of profit, business interruption, loss of data, and the like) arising out of the use of or inability to use the App.
The limitations of liability referred to in clause 8.1 and 8.2 shall not apply in the event of intent or gross negligence on the part of Smoke Software, LLC. or any third party that has been involved in the creation, production, or delivery of the App.
1. This EULA is effective until the expiry or termination of the Smoke Software, LLC. License.
2. Smoke Software, LLC. may terminate this EULA immediately without notice if You fail to comply with any of the terms and conditions of this EULA, in the event Smoke Software, LLC. is required to do so by law or in the event Smoke Software, LLC. decides to no longer provide the App.
3. Upon termination of this EULA, You shall cease all use of the App.
4. You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, shall survive the termination of this EULA.
1. This EULA shall be governed by and construed in accordance with the laws of the United States of America.