Plutocalc Water - End User License and Privacy Agreement
Please, read this carefully. By using all or any portion of the Software you accept all the terms and conditions of this Agreement. If you do not agree, do not use this Software.
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Licensor” or "Author" means Daniel Brooke Peig.
“Licensee” means You or Your Company, unless otherwise indicated.
“Software” means (a) all of the contents of the files, disk(s) or other media with which this Agreement is provided, including but not limited to ((i) registration information, i.e. License key which is unique for a registration name of the Licensee; (ii) related explanatory written materials or files (“Documentation”); and (iii) Software setup files and code samples (if any); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by the Licensor (collectively, “Updates”).
“Use” or “Using” means to access, install, download, copy, online use or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
“Supporters” means individuals or companies that support financially or technically the Software development. Supporters have no ownership or rights over the Software.
“System” or “Device” means the physical or virtual computing terminal or software platform from where the Software code is executed.
“Online Version” means a specific Software version that can be executed from within Internet Browser softwares.
2. GENERAL USE
The Licensee is granted a non-exclusive License to Use the downloaded Software for any purposes for an unlimited period of time under the following conditions:
2.1. The Licensor may charge download or installation fees for certain distribution channels and/or devices.
2.2. The Software may be installed and Used by the Licensee for any legal purpose.
2.3. The Software may be installed and Used by the Licensee on any number of systems.
2.4. The Software can be copied and distributed under the following conditions:
2.4.1 The original copyright notice and disclaimer of warranty will stay intact.
2.4.2 The Licensee will not charge money or fees for the Software product or distribution.
2.4.3. The Licensee will not include or embed any visible or invisible promotional or advertisement material with the Software copies or in the Online Versions of the Software.
2.4.4 The Licensee may not distribute the Software in online software distribution stores including but not limited to Google Play, Apple App Store, iTunes, Amazon and Microsoft Store.
2.5. The Licensee will not have any proprietary rights in and to the Software. The Licensee acknowledges and agrees that the Licensor retains all copyrights and other proprietary rights in and to the Software.
2.6 Use within the scope of this License is free of charge and no royalty or licensing fees shall be paid by the Licensee.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 This License does not transmit any intellectual rights on the Software. The Software and any copies that the Licensee is authorized by the Licensor to make are the intellectual property of and are owned by the Licensor.
3.2 The Software may be protected by copyright, including without limitation by Copyright Law and international treaty provisions.
3.3 Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.
3.4 The structure, organization and code of the Software are the valuable trade secrets and confidential information of the Licensor. The Licensee agrees not to decompile, disassemble or otherwise attempt to discover the source code of the Software.
3.5 Any attempts to reverse-engineer, copy, clone, modify or alter in any way the installer program or the distribution packages without the Licensor’s specific approval are strictly prohibited. The Licensee is not authorized to use any plug-in or enhancement that permits to save modifications to a file with software licensed and distributed by the Licensor.
3.6 Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owner's names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give the Licensee any rights of ownership in that trademark.
4. WARRANTY AND PRIVACY COMMITMENT
4.1 The Licensor warrants that:
4.1.1 The Licensor owns the Software and documentation and/or is in possession of valid and existing licenses that support the terms of this Agreement;
4.1.2 The Software conforms to specifications and functionality as specified in Documentation;
4.1.3 To the best of the Licensor’s knowledge, the Software does not infringe upon or violate any intellectual property right of any third party;
4.1.4 The Software does not contain any routine, intentionally designed to disable a computer program, or computer instructions that may alter, destroy or inhibit the processing environment;
4.1.5 The Software does not collect transmit any data from it's users, including any type of personal or identification data.
4.2 Except those warranties specified in section 4.1 above, the Software is being delivered to the Licensee “AS IS” and the Licensor makes no warranty as to its use or performance.
The Licensor does not and cannot warrant the performance or results the Licensee may obtain by using the Software. The entire risk arising out of use or performance of the Software remains with the Licensee.
The Licensor gives no warranty, express or implied, that (i) the Software will be of satisfactory quality, suitable for any particular purpose or for any particular use under specified conditions, notwithstanding that such purpose, use, or conditions may be known to the Licensor; or (ii) that the Software will operate error free or without interruption or that any errors will be corrected.
5. LIMITATION OF LIABILITY
In no event will the Licensor or the Supporters be liable for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if the Licensor or Supporters had been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party.
In no event will the Licensee be liable to the Licensor on condition that the Licensee complies with all terms and conditions stated in this License.
6.1 The license under this Agreement will terminate automatically if the Licensee destroy the Software and the copy of the Software within his possession or voluntarily return the Software to the Licensee.
6.2 The License under this Agreement will terminate automatically without any notice from the Licensor if the Licensee fails to comply with any of the terms and conditions of this Agreement. Promptly upon termination, the Licensee shall cease all use of the Software and destroy all copies, full or partial, of the Software in his possession or control.
If a portion of this agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party’s failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.
8. GOVERNING LAW
This Agreement is governed by and construed in accordance with the internal laws of the State of São Paulo, Brazil without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of Brazil or the courts of the State of São Paulo in each case located in São Paulo city. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.