Mesh Tonic Desktop App
End User License Agreement (EULA)
By purchasing a License Key and/or downloading and using the Mesh Tonic, you (the User) agree, without reservation to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, please do not purchase a License Key and/or download and use the Mesh Tonic.
If you accept the terms and conditions in this EULA on behalf of a company or other legal entity, you warrant that you have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity.
Definitions
In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise::
- The Author – Andrey Maslakov INN 575304858528, the author of Mesh Tonic.
- Activate – turning the trial version into the full version of the same application with the License Key provided by the Author.
- Documentation – the detailed information about the Mesh Tonic, its features and the system requirements as made available on the website meshtonic.ru.
- Full version – is a version of Mesh Tonic software with full export functionality.
- License Key an unique code provided by the Author, which enables the User to activate the full version by entering the code into the Mesh Tonic and to subsequently use the Mesh Tonic during the applicable license term (1 year).
- Mesh Tonic – any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to the User by the Author, including any Updates.
- Limited version is a version of Mesh Tonic software with partially unavailable export functionality..
- The User you, the final and ultimate user of the Mesh Tonic or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Mesh Tonic Application.
General
- This EULA applies to any licenses granted to the User by the Author for the use of the Mesh Tonic..
- By purchasing a License Key for the Mesh Tonic and/or downloading and using the Mesh Tonic, the User enter into this EULA with the Author.
- This EULA may be modified from time to time. The Author will notify the User of such modifications on its website or otherwise, e.g. by using the email address used for the provision of the License Key. Any modifications to this EULA shall only apply upon acceptance by the User.
License
- The Author grants the User a non-exclusive, non-transferable, limited, revocable license to use the Mesh Tonic in accordance with this EULA. The Author reserves all rights not expressly granted to the User.
- The Author is and remains the owner of any intellectual property rights with respect to the Mesh Tonic. The User shall not acquire any ownership to the Mesh Tonic as result of his purchase of the License Key of the Mesh Tonic.
Permitted use and restrictions
- In order to be able to install Mesh Tonic and register a license key, the User’s computer shall have access to the Internet.
- The User shall use the Mesh Tonic in accordance with applicable laws and shall not:
– rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key, the Full version or the Limited version;
– delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Mesh Tonic;
– 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 Mesh Tonic and the License Key or any parts thereof, except to the extent permitted by applicable law. - The Author may modify the Mesh Tonic at any time at its sole discretion and without notice to the User, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.
Maintenance and support
- The User will be entitled to receive Updates free of charge during a period of at least 12 months upon purchasing the License Key for the Full version.
- Return/cancellation of the purchase is possible within 7 days by contacting support, refund is only if the license key has not been activated.
- The User can download available Updates and upgrades from the meshtonic.ru website.
- Any maintenance and support provided by The Author, including the provision of Updates and upgrades, 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.
Disclaimer
- The User use the Mesh Tonic at his own risk.
- The Mesh Tonic and accompanying documentation are provided on an AS IS and AS AVALABLE basis without warranty – express or implied – of any kind, and the Author specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by the Author or his employees shall create a warranty or in any way increase the scope of this warranty and the User may not rely upon such information or advice.
Liability limitation
- The liability of the Author and any third party that has been involved in the creation, or production of the Mesh Tonic for all damages arising out of or in any way relating to the Full version, the Trial version, the License Key, the Mesh Tonic and/or this EULA shall in no event exceed the total amount of $10.
- The Author and any third party that has been involved in the creation, production, or delivery of the Mesh Tonic 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 Mesh Tonic).
Termination
- This EULA will continue to be in force until the expiry or termination of the Full version or the Limited version.
- The Full version or Limited version will terminate automatically at the end of the applicable license term, unless renewed or Activated prior to the end of the applicable license term.
- The Author is entitled to terminate the Full version or the Limited version by blocking the License Key during the license term with immediate effect and without prior notice in the event the User fail to comply with the terms in this EULA.
- The User’s acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.
Governing law and disputes
- This EULA shall be governed by and construed in accordance with the laws of the Russia, excluding its conflicts of law rules.
- Any dispute between the Author and the User shall exclusively be submitted to the competent court in Russia.