End-User License Agreement
Please read this software license agreement carefully before using the Watermarkly (“Software”). By using the software, you are agreeing to be bound by terms of this license.
License Grant. This Agreement constitutes a legally binding agreement between you (either an individual or a single entity) (“Customer”) and “Iuliia Nikitina sole proprietorship” (“Watermarkly”), for the Watermarkly web, mobile and desktop apps and any and all associated media, printed materials, and “online” or electronic documentation (collectively, the “Product”).
Ownership. Watermarkly retains all rights, title and interest in and to the Product, including all intellectual property rights therein.
Watermarkly can change this software license agreement at any time without a special notice.
Other Restrictions. Customer may not use, copy or distribute the Product without Watermarkly’s authorization, except that Customer may make one or more copies of the Product solely for backup or archival purposes.
- Customer shall not modify, copy or adapt the Product; merge the Product into another program; reverse engineer, disassemble, decompile, or otherwise attempt to derive source code from the Product (except to the extent the foregoing restriction is expressly prohibited by applicable law); or place the Product onto a server, or combine the Product with any software or hardware, so that it becomes accessible (directly or indirectly) by means of a public (such as the Internet) or a private network;
- Customer shall not under any circumstances, remove or alter copyright notices, registration numbers, or other features serving to identify the Product.
- Customer shall not hire out the Product (or any part thereof) to any third party for commercial purposes or for service bureau use. d) Customer shall not sub-license, rent, lease, loan, or otherwise indirectly transfer (such as by consignment) any portion of the Product to any third party.
- Customer shall not transfer the Product to any third party, if Customer knows or has reason to know that the third party will violate any term or condition of this Agreement. Any use of the Product (or any part thereof) in violation of this Agreement shall entitle Watermarkly to all rights and remedies available to it at law or in equity, including (without limitation) monetary damages and equitable relief.
- Customer shall use the Product on physical devices only. Customer shall not use the Product on virtual machines, virtual devices, rented hardware, servers accessed by multiple users.
- Watermarkly warrants that the Software provides the functionalities set forth in the Documentation (the “agreed upon functionalities”) for the limited warranty period following receipt of the Software when used on the supported hardware configuration. As used in this Section, “limited warranty period” means one (1) year if you are a business user and two (2) years if you are not a business user.
- Paid version Upon purchase of any paid upgrade for the Product, Watermarkly will provide the Customer an activation key, allowing to turn the free version of the Product into a paid version. The key will be valid indefinitely. The activation key will allow use of the Product on a) 1 device for Basic edition, b) 3 devices for Plus edition,
c) 10 devices for Premium edition and d) 500 devices for Enterprise edition. The activation key can be used 100 times for Basic edition, 300 times for Plus edition, 500 times for Premium edition and 500 times for Enterprise edition.
- Limitation of Liability In no event will Watermarkly or its suppliers be liable to you for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if a Watermarkly representative has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party. The foregoing limitations and exclusions apply to the extent permitted by applicable law in your jurisdiction. Watermarkly’s aggregate liability and that of its suppliers under or in connection with this agreement shall be limited to the amount paid for the software, if any. Nothing contained in this Agreement limits Watermarkly’s liability to you in the event of death or personal injury resulting from Watermarkly’s negligence or for the tort of deceit (fraud). Watermarkly is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.
- General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of Watermarkly. Updates may be licensed to you by Watermarkly with additional or different terms. This is the entire agreement between Watermarkly and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
- Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force in Poland if a license to the Software is purchased by a Customer having its seat in the Product in Poland. The respective courts of Poland competent for Watermarkly’s seat shall have jurisdiction over all disputes relating to this Agreement; however Watermarkly may file legal actions as well at the seat of the Customer. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
ul. Wąwozowa 8/71,