End-User License Agreement (EULA) of TurboVar Digital Product
This End-User License Agreement ("EULA") is a legal agreement between you and TurboVar
This EULA agreement governs your acquisition and use of our TurboVar Digital Product software ("Software" or "SOFTWARE") directly from TurboVar or indirectly through a TurboVar authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the TurboVar Digital Product software. It provides a license to use the TurboVar Digital Product software and contains warranty information and liability disclaimers.
If you register for a free trial of the TurboVar Digital Product software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the TurboVar Digital Product software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by TurboVar herewith regardless of whether other software is referred to or described herein. The terms also apply to any TurboVar updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
TurboVar hereby grants you a personal, non-transferable, non-exclusive licence to use the TurboVar Digital Product software on your devices in accordance with the terms of this EULA agreement.
1. The Standard License grants the purchaser a non-exclusive, non-transferrable, and ongoing right to make use of the SOFTWARE.
2. You are licensed to use the SOFTWARE to create a single End Product for personal use, or for a client.
3. The End Product is a customized implementation of the SOFTWARE requiring the application of skill and effort
4. The End Product you create may be accessed by multiple End Users, either for free or for a fee.
5. With the Standard License, you can:
1. Use the SOFTWARE to create one single End Product for personal use or for a client. You can transfer the single End Product to your client for any fee. This license is then transferred to your client.
2. Create an End Product where End Users must pay in order to access.
6. With the Standard License, you cannot:
1. Create multiple End Products using the SOFTWARE.
2. Redistribute the SOFTWARE "as is" by itself or as part of a bundle of products.
3. Redistribute the modified End Product.
4. Redistribute the SOFTWARE "as is", or the modified End Product, as part of an "on demand" product or service (like a "site generator" or "create your own" website application).
7. Any components included with the SOFTWARE which includes, but is not limited to: graphics, images, code, or any other content, retains its original license. The author of the SOFTWARE will document any and all licensed components included with the SOFTWARE. You are responsible for adhering to the original license of any additional licensed components included with the SOFTWARE.
8. TurboVar retains ownership of the SOFTWARE, but grants you the license on these terms. This license is between the TurboVar and you, the purchaser. TurboVar is the grantor of the license.
9. Other terms:
TurboVar warrants solely that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days.
TurboVar does not warrant the use of the SOFTWARE will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected.
This limited warranty shall not apply to any error or failure resulting from:
Purchaser failure to follow operating instructions
negligence or accident
modifications to the SOFTWARE by any person or entity other than TurboVar
In the event of a breach of warranty, Purchaser sole and exclusive remedy, is repair of all or any portion of the SOFTWARE. If such remedy fails of its essential purpose,
Purchaser sole remedy and TurboVar's maximum liability shall be a refund of the paid purchase price for the defective SOFTWARE only.
This limited warranty is only valid if TurboVar receives written notice of breach of warranty within thirty days after the warranty period expires.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will TurboVar or its suppliers or licensors be liable for any indirect, special, incidental, or consequential damages arising out of the use of or inability to use the product, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
Intellectual Property and Ownership
TurboVar shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of TurboVar.
TurboVar reserves the right to grant licences to use the Software to third parties.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to TurboVar.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Brazil.