GardenPuzzle for Desktop End User Licence Agreement
By downloading and installing GardenPuzzle for Desktop ("Product") you agree to the terms and conditions set forth in this agreement.
If you do not agree to all of the terms you must not use the Product.
- The Producer The author and the owner ("Producer") of the Product is a company registered under the name Marek Rafałowicz located in EU, Poland, Hubalczyków 15, 70-776 Szczecin, EU VAT PL5262378587.
- Licensed uses and restrictions
- Product is owned by the Producer and is licensed to you on a worldwide, non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. These terms define legal use of the Product, all updates, revisions, substitutions, and any copies of the Product made by or for you.
- You will not, without the prior written consent of Producer:
- decompile, reverse engineer, disassemble, analyze, modify, adapt, convert, create derivative works from, or otherwise attempt to derive, the code of the Product;
- sell, sublicense, redistribute, reproduce, transmit, circulate, disseminate, translate or reduce to or from any electronic medium or machine readable form the Product or any data/information provided to you through the Product
- except as otherwise permitted in this EULA, publish, promote, broadcast, circulate or refer publicly to the Producer name, trade name, trademark, service mark or logo
- The Product includes license protection mechanisms that are designed to manage and protect the intellectual property rights of Producer. You must not modify or alter those features to try to defeat the Product use rules that the license protection mechanisms are designed to enforce.
- You must at all times: (a) ensure that only you, an authorized user, may use the Product and only for authorized use in accordance with the terms and conditions of this Agreement; (b) promptly advise Producer, including in writing, if the you becomes aware of any unauthorized use or distribution of the Product by any person.
- You may not, whether through deliberate or negligent act or act of omission, distribute or cause the distribution of the Product to any third party other than an authorized user.
- Free trial version
- Producer is offering a free trial version of the Product with limited functionality. You agree to use the free version of the Product for non-commercial purposes only.
- Paid version
- A one-time fee paid by you to Producer is required for the authorized use of the full functionality of the Product. License fee is nonrefundable and payable upon acceptance of the terms and conditions set out herein.
- Upon receipt of licensee fee from you, Producer will supply you with the Product and licence key required for unlocking full functionality via electronic download
- Solely for processing the payments you agree to provide Producer with personal information required for carrying out the transaction. You agree that this information may be shared with payment agents involved in carrying out the transaction.
- Producer does not hold responsibility for the actions, inaccuracies, bugs, interruptions of services, data loss, security problems of payment agents involved in the transaction process.
- Privacy
- Data about users will not be revealed to any other parties excluding situations in which Producer will be obliged to do so by applicable law so or in the case of selling or passing Product as a whole to a different entity.
- You grant us the right to use your email for marketing purposes.
- Ownership and relationship of parties The Product (including but not limited to underlying software, graphic design, images, videos, sounds) is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the Poland, EU and other countries. These terms grant you no right, title, or interest in any intellectual property owned or licensed by Producer.
- Support Producer may elect to provide you with support or modifications for Product (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. Producer may change, suspend, or discontinue any aspect of the Product at any time, including the availability of Product website. Producer may also impose limits on certain features and services or restrict your access to parts or all of the Product web site without notice or liability.
- Termination You may terminate this Agreement at any time by destroying all copies of the Product in your possession. Either party hereto may terminate this Agreement if the other party commits a material breach and such party does not cure such material breach within thirty (30) days of written notice of such breach. You agreea upon termination of this License to destroy all copies of the Product in your possession
- Disclaimer of warranties PRODUCER DOES NOT REPRESENT OR WARRANT THAT PRODUCT IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. PRODUCT IS PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND PRODUCER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE PRODUCT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF IT INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
- Indemnity You agree to indemnify and hold harmless Producer, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to the site, your violation of the terms of service, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.
- Limitation of liability PRODUCER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PRODUCT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT PRODUCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL PRODUCER BE LIABLE TO YOU FOR ANY AMOUNT.
- Release and waiver To the maximum extent permitted by applicable law, you hereby release and waive all claims against Producer, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of Product.
- Applicable law This Agreement is governed by the laws of the Poland, EU, regardless of conflict of law provisions, and the parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in Szczecin, Poland, EU.