(Last Updated October 10, 2022)
General (applies to all countries, except those for which a specific country version is posted) IMPORTANT NOTICE: READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING THE ENCLOSED PROGRAM. YOU MAY USE THE PROGRAM ACQUIRED ONLY IN THE COUNTRY IN WHICH THIS LICENSE WAS ACCEPTED, AND ONLY IN ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE PROGRAM. BY DOWNLOADING, INSTALLING, OR USING THE PROGRAM IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT.
These license terms are an agreement between you and DevMagic for Use of the Program. The terms also apply to any DevMagic services or Updates for the Program, except to the extent those have different terms.
1. ABBREVIATIONS AND DEFINITIONS. Abbreviations and definitions appear at the end of this Agreement.
2.1 Subject to the terms and conditions set forth in this Agreement, DevMagic grants to You a non-exclusive, non-transferable license to Use each licensed Program to develop, test, and deploy software applications.
2.2 You may not modify, reverse engineer, decompile or disassemble the Program (except and solely to the extent required by third-party licensing terms governing use of certain open-source components that may be included in the Program). You may not share, publish, rent or lease the Program, or provide the Program as a stand-alone offering for others to Use. You may not remove, block, or modify any notices from the Program.
2.3 Third-party components (including open-source components) that are accompanied by a separate license agreement from a third party are provided subject to such third-party license terms. By downloading, installing, or using the Program in any way, you acknowledge that you have read, understand and agree to the licenses of the third-party components of the Program posted to the DevMagic website (/thirdpartylicenses.html). The Program gives you the option to download other DevMagic and third-party software packages from package managers. Those packages are under their own licenses, and not this Agreement. DevMagic does not distribute, license or provide any warranties for any third-party packages.
3. TECHNICAL SUPPORT.
Because the Program is provided on an “as-is” basis, DevMagic may not provide support services for it. You may obtain Updates only from DevMagic. If You give feedback about the Program to DevMagic, You grant, and You represent and warrant that you have a right to grant, to DevMagic and its Affiliates a worldwide, non-exclusive, perpetual, irrevocable, fully-paid up and royalty free license (with the right to sublicense) to use, reproduce, modify, prepare derivative works, translate, publish, distribute, such feedback without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. These rights survive this agreement.
4. DATA PRIVACY.
DevMagic collects information about You and Your Use of the Program. You acknowledge and agree that the Program may make Internet connections in order to:
- Validate Your license for the Program;
- Provide Program usage statistics;
- Check for Updates; and
- Provide other services to You.
5. OWNERSHIP AND PROPRIETARY RIGHTS.
Each Program is licensed, not sold. All copyright and other intellectual property rights in the Program are owned by DevMagic or its Affiliates and its respective licensors, and are protected by copyright and/or trade secret laws and international treaty provisions. DevMagic or its Affiliates and its respective licensors reserve and retain ownership in and to (i) all rights, title and interest to the Program, (ii) all rights, title and interest to all copyright and other intellectual property rights in each Program, and (iii) all other rights not expressly granted herein. You do not acquire any ownership or distribution rights whatsoever in the Program.
6. DISCLAIMER OF WARRANTY.
THE PROGRAM IS PROVIDED ON AN “AS-IS” BASIS. DEVMAGIC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WHETHER ARISING BY STATUTE OR IN LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. DISCLAIMER OF LIABILITY.
NEITHER DEVMAGIC NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF DEVMAGIC AND ITS AFFILIATES, IF ANY, ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE PROGRAM OR RELATED SERVICES SHALL NOT EXCEED U.S. $5.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
8.1 This Agreement is the entire agreement of the parties and supersedes all previous and contemporaneous communications, representations, or agreements regarding the subject matter hereof.
8.2 You shall not transfer, directly or indirectly, any restricted Program or technical data received from DevMagic, or the direct product of such data, to any destination or entity subject to export restrictions under U.S. law, unless prior written authorization is obtained from the appropriate U.S. agency.
8.3This Agreement and any claims arising out of or relating to this Agreement, regardless of the nature of such claims, and its subject matter shall be governed by and construed under the laws of the State of California, U.S.A. without reference to its conflicts of law principles. Any action at law relating to this Agreement may only be brought before the courts of competent jurisdiction in San Francisco County, California, U.S.A. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The Uniform Computer Information Transactions Act as enacted shall not apply. You must initiate a cause of action for any claim(s) arising out of or relating to this Agreement and its subject matter within one (1) year from the date when You knew, or should have known after reasonable investigation, of the facts giving rise to the claim(s).
9. COUNTRY UNIQUE TERMS.
If you licensed the Program in any territory specified below, this section sets forth specific provisions as well as exceptions to the above terms and condition. You may have other rights, including consumer rights, under the laws of your state or country.
The following is added to the terms of Section 6 (Disclaimer of Warranty):
You have statutory guarantees under the Australian Consumer Law and nothing in this Agreement is intended to affect those rights.
The following is added to the terms of Section 7 (Disclaimer of Liability):
In the event of intentional misconduct, gross negligence, or claims based on the Product Liability Act, DevMagic is liable according to the applicable law. However, DevMagic and its Affiliates shall not be liable for damages caused by a negligent breach of a non-material contractual obligation or for damages considered atypical or unforeseeable in the scope of this Agreement.
10. ABBREVIATIONS AND DEFINITIONS.
"Affiliate" of a party – means (i) any legal entity that, directly or indirectly, owns more than fifty percent (50%) of the outstanding voting securities of that party, and (ii) any legal entity that, directly or indirectly, is Controlled by that party. “Control” means the direct or indirect possession of the power to direct or cause the direction of the management and policies of an entity, whether through ownership, by contract or otherwise."
"Agreement" – means this software license agreement, together with any applicable supplements, amendments, addenda, and product-specific license terms.
"DevMagic" – means Appeon Inc., a California corporation with corporate registration number C4021400.
"Documentation" – means the installation instructions and user manuals supplied with the Program.
"Maintenance Release" or "MR" – means a minor release of the Program containing error corrections for defects of the Program or Documentation.
"Major Version" – means a major release of the Program containing new features and functions.
"Program" – means the object code version of DevMagic Studio, Free Edition.
"Updates" – means error corrections, Maintenance Releases and Major Versions of the Program.
"Use" or "Using" – means to install, load, view, print, update, access, utilize, or store the Program.
"You" or "Your" – means the person Using the Program, or, if the Program is being Used on behalf of an organization, such as an employer, "You" or "Your" means such organization.