End User License Agreement with Wobble Software
This agreement is valid for Trial and Lifetime Licenses of Wobble Software products.
Please read this End User License Agreement (“EULA”) before You install Wobble Software products. By installing or using the software You agree to be bound by the terms of agreement.
Definitions
In this EULA the phrases below will have the meaning assigned to them in this clause, unless otherwise noted:
– “Wobble” the company Wobble Software Inc.
– “Activate” turning the Trial version into the Full version of the same application with the License Key provided by Wobble;
– “Documentation” the detailed information about the Software, its features and the system requirements as made available on the Wobble website;
– “License Key” a unique code provided by Wobble, which enables You to activate the Trial version or Full version by entering the code into the Software and to subsequently use the Software during the applicable license term;
– “Full version” the license for the Software for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription) to use the Software
– “Software” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Wobble, including any Updates;
– “Trial version” the license for the Software for the term of 30 days to Use the Software for the sole purpose of testing and evaluating the Software;
– “Updates” any modified versions and updates of, and additions to the Software (excluding upgrades of the Software);
– “Use” the access, download, install, copy or get benefit from using the Software in accordance with the documentation.
– “You” You, the final and ultimate user of the Software or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Software, and the company or other legal entity that will be the final and ultimate user of the Software, if applicable.
1 General
1.1 This EULA applies to any licenses granted to You by Wobble for the use of the Software.
1.2 By purchasing a License Key for the Software and/or downloading and using the Software, You enter into this EULA with Wobble.
1.3 This EULA may be modified. Wobble will notify You of any modifications on its website or otherwise.
2 License
2.1 Wobble grants You a non-exclusive, non-transferable, limited, revocable license to Use the Software in accordance with this EULA. Wobble reserves all rights not expressly granted to You.
2.2 Wobble is and will remain owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of Your purchase of the License Key or Your Use of the Software.
3 Permitted use and restrictions
3.1 In order to be able to install and use the Software, Your computer shall have access to the Internet and shall meet the system requirements described on the Wobble website.
3.2 You may Use the Software on one computer only, unless You have purchased (a) a volume license or (b) more than one Full version or Trial version. In the event You have purchased a volume license or more than one Full version or Trial version, the number of computers You may Use the Software on shall not exceed the number of the Full version or Trial version purchased. If You exceed the limit, Wobble may block the License Key.
3.3 You shall Use the Full version or Trial version in accordance with applicable laws and shall not:
a – Use the Trial version on any system where the Trial version was previously Used and expired;
b – rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key, the Full version or the Trial version;
c – assign the License Key, the Full version or the Trial version without prior written approval of Wobble;
d – Use the Full version or Trial version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
e – delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Software; or
f – copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Software and the License Key or any parts thereof, except to the extent permitted by applicable law.
3.4 Wobble may modify the Software at any time at its sole discretion and without notice to You.
4 Maintenance and support
4.1 Wobble will notify You of any available Updates and upgrades.
You will be entitled to receive Updates to existing software free of charge at any time.
You may need to pay an additional fee in order to be able to download an upgrade. Any new products You will have to pay for.
4.2 Support 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 Use of data
5.1 Wobble may periodically collect and use technical data concerning the Software You have licensed, including about the version number of the Software You have installed and about the system You have installed the Software on.
5.2 Wobble will use this data to facilitate maintenance and support with respect to the Software, to improve its products and to provide further services to You.
5.3 Wobble may process personal data with respect to You, if and to the extent necessary to provide the License Key, to provide maintenance and support to You with respect to the Software and to comply with its obligations under this EULA. To the extent Wobble will process personal data, it will comply with its obligations under applicable data protection law.
6 Privacy – How we protect personal data
6.1 We maintain appropriate security safeguards designed to protect Your personal data against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, because of the inherent open nature of the Internet, we cannot guarantee that communications between You and us or the personal information stored is absolutely secure. We will notify You of any data breach in accordance with applicable law.
7 Disclaimer
7.1 You Use the Software at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
7.2 The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty – express or implied – of any kind, and Wobble specifically disclaims the warranty of fitness for a particular purpose.
7.3 No oral or written advice given by Wobble, 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.
8 Liability limitation
8.1 The liability of Wobble and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to the License version, the Trial version, the License Key, the Software and/or this EULA shall in no event exceed the total amount of $10.
8.2 Wobble and any third party that has been involved in the creation, production, or delivery of the Software are under no circumstances liable for consequential or indirect damages, including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Software.