End User License Agreement
READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY, BECAUSE BY INSTALLING, COPYING, USING OR DISTRIBUTING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OR DO NOT WISH TO BE BOUND BY THIS EULA, DO NOT INSTALL, COPY, USE OR DISTRIBUTE THE SOFTWARE.
- GENERAL: This EULA governs the use of the Software made by Masterliness.com (“Masterliness”, “we”, “us” or “our”). For purposes of this EULA, “Software” means such application software, together with all components thereof and all updates, patches, fixes, modifications and enhancements thereto, including releases of new versions, whether provided to you via download, automatically without additional consent or action on your part or otherwise, and any and all accompanying documentation, files and materials.
- LICENSE GRANT: Subject to your agreement and compliance with the terms and conditions of this EULA, Masterliness.com grants to you a limited, personal, non-exclusive, non-transferable and revocable license (without the right to sublicense) to install, use, access, display and run any number of copies of the Software on the hard disk or other fixed storage medium of up to two (2) digital processors, computers, or workstations (collectively, “Devices”) which you own or are under your control solely for your personal or internal business use.
Each licence is per website (one website), per domain (one domain including all/any subdomains) and not transferrable to any other website.
The type of license depends on the chosen hosting solution.
For personal use, web developers, web design firms:
For web hosting providers with white label software:
- Free forever - in our network of partners.
- Free for a limited time - in the networks we are affiliated with
- Paid license - anywhere else.
The user can always choose another type of license and can change the hosting solution at any time
- Bulk license - name server based
- Bulk license - IP/IP range based
- RESTRICTIONS: The foregoing rights in and to the Software are the only rights granted to you in connection with this EULA, and any and all rights not expressly granted to you by the license described Section 2 above are expressly and fully reserved by us and/or our licensors. You are not permitted to distribute, transmit, sublicense, permitted to tamper with or attempt to bypass, modify, defeat or otherwise circumvent the operation of the Software or alter, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover or disclose the Software source code or underlying programming or architecture.
- PROPRIETARY RIGHTS: Except where specifically stated otherwise, Masterliness owns all right, title and interest in and to the Software including, without limitation, all intellectual and proprietary rights appurtenant thereto, and, except for the limited license granted to you herein, nothing in this EULA shall be construed to transfer, convey, impair or otherwise adversely affect Masterliness’s ownership or proprietary rights therein or any other Masterliness information or materials, tangible or intangible, in any form and in any medium.
- THIRD PARTY RIGHTS AND NOTICES: Our software may link with libraries created with the Qt 5.1 application framework ("The Library") which use is licensed under and covered by the GNU Lesser General Public License (LGPL) version 2.1. The full LGPL v2.1 license is available here: https://www.gnu.org/licenses/lgpl-2.1.html#SEC3 or by MIT license https://opensource.org/licenses/MIT
- CHANGE IN POLICIES: Masterliness Software reserve the right to change these policies at any time. While it is not our intention to do so, there may be factors outside of our control that require us to implement changes to our policies.
- REFUND POLICY: We have a no refund policy on all of our software applications and bundles. We do this because we offer free, fully functional versions for all of our software. These versions allow you to test and use the software risk-free before you decide to make a purchase if you decide to use a paid license.
- UPGRADE POLICY: The software you purchase or use for free from us comes with free upgrade policy. We highly recommend subscribing to our newsletter to be informed about both minor and major updates to your applications.
- CROSS PLATFORM LICENSE POLICY: We offer many different programs for Windows, Android, Linux and OS X. You will be able to use your software to all supported devices, independent of the operating system they use.
- DISCONTINUED PURCHASE POLICY: As technology on the internet evolves there are times we may need to discontinue a program, theme, graphic etc. When that happens, these are removed from our website and will no longer be accessible. We suggest you always keep local backups of all purchases so that you have them available to you.
- FONT CONVERSION DISCLAIMER: Please be aware that certain font vendors do not allow the conversion of their font software programs into other formats. Therefore, please review the End-User License Agreement for any font software you wish to convert to confirm that you have the right to do so.
- TERMINATION: We have the right to terminate this license and your right to use the Software at any time in the event we reasonably believe you have failed to comply with any term or condition of this EULA. If this license or your right to use the Software terminates for any reason or you must stop all use of the Software and either return to us or destroy the Software and all copies of the Software that are in your possession or under your control. We may ask you to certify your compliance with the foregoing in writing, and you agree to do so if we request you to do so.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- DISCLAIMER OF WARRANTY: THERE ARE NO REPRESENTATIONS OR WARRANTIES THAT APPLY OR THAT ARE MADE TO YOU IN ANY WAY IN CONNECTION WITH THE SOFTWARE OR THIS EULA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SOFTWARE AND YOUR ACCESS TO AND USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES OF TITLE, NON-INFRINGEMENT AND/OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SOFTWARE IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MASTERLINESS DOES NOT GUARANTEE, WARRANT OR REPRESENT THAT THE SOFTWARE SHALL MEET YOUR REQUIREMENTS OR THAT YOUR USE, OPERATION OR RESULTS OF USE OF THE SOFTWARE SHALL BE UNINTERRUPTED, COMPLETE, RELIABLE, ACCURATE, CURRENT, ERROR-FREE, FREE OF COMPUTER VIRUSES OR OTHERWISE SECURE. YOU ASSUME THE ENTIRE RISK OF DOWNLOADING, INSTALLING, COPYING, OPERATING, USING AND/OR DISTRIBUTING THE SOFTWARE.
- LIMITATIONS OF LIABILITY: YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MASTERLINESS NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, BUSINESS AND PROMOTIONAL PARTNERS, OPERATIONAL SERVICE PROVIDERS, SUPPLIERS, RESELLERS AND CONTRACTORS SHALL, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM ANY USE OF THE SOFTWARE OR OTHERWISE IN CONNECTION WITH THIS EULA.
YOU FURTHER ACKNOWLEDGE AND AGREE YOUR SOLE RIGHT AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE ASSOCIATED WITH THE SOFTWARE OR THIS EULA, EVEN IF YOU CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE, SHALL BE TO HAVE MASTERLINESS, UPON WRITTEN NOTICE FROM YOU, ATTEMPT TO REPAIR, CORRECT OR REPLACE THE SOFTWARE. IF REPAIR, CORRECTION OR REPLACEMENT IS NOT REASONABLY COMMERCIALLY PRACTICABLE IN THE SOLE AND ABSOLUTE DISCRETION OF MASTERLINESS, EITHER YOU OR MASTERLINESS SHALL HAVE THE RIGHT TO TERMINATE AND DISCONTINUE YOUR USE OF THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS EULA MAY NOT APPLY TO YOU.
- INDEMNIFICATION: You agree to defend Masterliness, its parent, subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors (the “Masterliness Indemnified Parties”) against any and all claims, demands and/or actions and indemnify and hold the Masterliness Indemnified Parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of this EULA, infringement, misappropriation or any violation of the rights of any other party, violation or noncompliance with any law or regulation, the breach or violation of any term or condition of your Agreement with us, any use, alteration or export of the Software or otherwise in connection with this EULA. We reserve the right to assume, at our expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with us upon our request.
- U.S. GOVERNMENT ENTITY RIGHTS: If Software is being acquired by or on behalf of the U.S Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the government's rights in Software and accompanying documentation will be only as set in this Agreement; this is in accordance with 48 CFR 227.7201 through 277.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
- GOVERNING LAW AND JURISDICTION: This EULA and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive laws of Romania applicable to contracts wholly made and to be performed within the Romania. You agree to irrevocably submit to the sole and exclusive jurisdiction of the courts of Romania. You further irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that Romania is an inconvenient forum. No amendment, modification, waiver or discharge of any provision of this EULA shall be valid unless made in writing and signed by an authorized representative of Masterliness. No failure or delay by Masterliness to exercise any right or enforce any obligation shall impair or be construed as a waiver or on-going waiver of that or any or other right or power, unless made in writing and signed by Masterlines. If any provision of this EULA is held to be illegal, invalid or unenforceable, the remaining provisions of this EULA shall be unimpaired and remain in full force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE ENTIRE AGREEMENT, UNDERSTAND IT, ACKNOWLEDGE YOU ARE BOUND BY IT AND AGREE TO FULLY COMPLY WITH ALL OF ITS TERMS AND CONDITIONS.