End-User License Agreement (EULA)

This End-User License Agreement (“Agreement”) governs use of the DATAEX software and related components (collectively, the “Software”). By downloading, installing, or using the Software, you agree to this Agreement.

1. Parties and Ordering

“Licensor” means the individual sole proprietor who publishes the Software under the DATAEX brand. Licenses are sold and fulfilled via FastSpring, acting as Merchant of Record. Your purchase is from FastSpring, and FastSpring’s purchaser terms apply to the transaction, taxes, invoicing, and refunds as stated at checkout.

2. License Grant

Subject to payment and compliance with this Agreement, Licensor grants you a non-exclusive, non-transferable license to install and use one copy of the Software by one natural person (a “Licensed User”) for that user’s own work. If your order specifies multiple seats, you may allow up to that number of Licensed Users. You may make one archival backup copy.

3. Trial

You may use the Software without charge for thirty (30) days from first installation (the “Trial Period”). After the Trial Period, continued use requires a valid, paid license key.

4. License Scope; Device Transfers

Each license is for one natural person (a “Licensed User”). A Licensed User may install and use the Software on that user’s computers, provided the Software is not used by more than one person at a time. You may transfer your active installation to a different computer by using the in-app Deactivate and Activate functions with your original license key.

5. Restrictions

You will not: (a) sublicense, resell, rent, lease, or provide the Software to third parties; (b) reverse engineer, decompile, or disassemble the Software except to the extent such restriction is prohibited by law; (c) remove or alter proprietary notices; (d) circumvent license-control or access-control features; (e) use the Software to develop a competing product.

6. Ownership

The Software is licensed, not sold. Licensor retains all right, title, and interest, including all intellectual property rights.

7. Updates; Support

Licensor may provide updates or patches at its discretion. Unless stated in your order, support is provided on a commercially reasonable, best-effort basis via email and is not guaranteed.

8. Open Source Components

If the Software includes third-party open-source code, those components are licensed under their own licenses. To the extent those licenses grant you rights that conflict with this Agreement, the open-source licenses control for those components.

9. Payment; Taxes

Payment is handled by FastSpring as Merchant of Record. Any applicable sales/VAT/GST taxes are assessed and collected at checkout by FastSpring. You are responsible for any duties or other taxes not collected at checkout.

10. Confidentiality

License keys and non-public documentation are confidential. You will not disclose them to third parties.

11. Warranty Disclaimer

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE.” LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. LICENSOR’S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SOFTWARE WILL NOT EXCEED THE FEES YOU PAID FOR THE SOFTWARE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

13. Termination

This Agreement terminates automatically if you materially breach it. Upon termination you must cease use and destroy all copies and license keys.

14. Export; Sanctions

You will comply with all applicable export control and sanctions laws. You represent you are not a prohibited party under such laws.

15. U.S. Government

The Software is “commercial computer software.” Government end-users acquire only the rights set forth in this Agreement.

16. System Requirements

Windows 10 or newer is required.

17. Governing Law; Venue

This Agreement is governed by the laws of the State of New York, without regard to conflict-of-law rules. Exclusive venue and jurisdiction lie in the state or federal courts located in New York County, New York.

18. Miscellaneous

If any provision is unenforceable, it will be modified to the minimum extent necessary to be enforceable; the remainder remains in effect. You may not assign this Agreement without Licensor’s consent; Licensor may assign to a successor in interest to the Software. This is the entire agreement regarding the Software and supersedes all prior or contemporaneous understandings.