End User License Agreement
State of Georgia Rev. 012418
END USER LICENSE AGREEMENT
This End-User License Agreement (“EULA”) is a legal agreement between you (“Licensee”) and DarkViking Software, LLC (“Licensor”), the author of Iron Text Editor, including all Iron files, Copper files, Tin files, Subscription Keys, License Keys, HTML files, XML files, Java files, graphics files, animation files, audio files, data files, technology, development tools, scripts and programs, both I object code and source code (the “Software”), the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and “online” or electronic documentation.
By installing, copying, or otherwise using the Software, with or without an active subscription, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in the EULA, then Licensee may not download, install, or use the Software.
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a. “Licensed Software” means any installation of the Software, with or without Subscription Services.
b. “User” means any person using the Software.
c. “Key” means the subscription key, license key, or similar control mechanism to help ensure compliance with the use and time limitations with respect to the Licensed Software.
i. “Single-user Key” is issued for the standard subscription and authorizes one (1) person to use the Licensed Software. The Key may not be shared.
ii “Enterprise Key” is issued to a group or organization and allows multiple users to use the Software under the same subscription.
iii. “Iron Subscription Key” is used to Activate Iron Subscription Services.
d.“Order Form” means an ordering document referencing this Agreement between Customer and DarkViking Software, LLC.
e. “Subscriber Name” is the name used to complete the Subscription Services Order Form.
f. “Subscriber Email” is the email address used to complete the Subscription Services Order Form.
g. “Subscription Fee” means the fee for Subscription Services purchased by the Licensee. The amount of the Subscription Fee is based on the details specified in the Order Form.
h. “Subscription Term” means the applicable initial and/or renewal subscription term as set forth in the applicable Order Form.
i. “Subscription Services” means standard support and maintenance services and software updates provided by DarkViking Software, LLC for the Supported Software. Subscription services for software using a Key may make additional, fewer or different features and interactions available than in Software not using a Key.
j. “Authorized Software” means that the Software has connected with our servers following the initial entry of the Key and the subscription has been confirmed as current and in good standing.
k. “Validated Software” means that the Software has connected with our servers subsequent to the initial authorization and the subscription has been confirmed as current and in good standing. Validation occurs on a regular and ongoing basis.
L. “Activating Software” is the process of entering the Key into the Software, initiating the Authorization and Validation processes.
2. Grant of License
a. Scope of License.
i. By installing this Software, User agrees to the terms and conditions of this EULA, accepts that the installed Software is licensed, and acknowledges themselves as Licensee. No monetary fee is required to use the Licensed Software.
ii. Subscription Services may be purchased from Licensor for use with the licensed Software.
iii. Verification failure results in Subscription Services denial; Software remains licensed as long as it remains installed.
iv. Subject to Licensee’s timely payment of the Subscription Fee and compliance with the terms and conditions of this EULA, DarkViking Software, LLC hereby grants Licensee a limited, non-exclusive, non-transferable, non-sub-licensable license during the applicable Subscription Term to install, copy and use the Licensed Software for Licensee’s personal use. The Software is being distributed by digital download.
b. Installation and Use.
i. All installations of the Software will be installed using the official installer package provided with the Software by the Licensor. Installing the Software by directly copying, using a third-party installer package, or by any other means is prohibited.
ii. To function properly, and for Authorized Software to Validate, the Software requires periodic access to an internet connection. With prolonged denial of internet access a subscription will fail to be confirmed and the Subscription Services for that Key will be unavailable until the Software contacts our servers and Validates.
iii. Licensee may install and use a maximum of three (3) copies of Authorized Software with each Single-User Subscription Key. All installations associated with the Key are for the sole use of the Licensee and may not be shared with other people.
iv. Licensee shall not destroy, disable or circumvent, or attempt to destroy, disable or circumvent in any way the Key and/or the use and time limitations set by the Key or the Licensed Software. Licensee acknowledges and agrees that any attempt to exceed the use of the Licensed Software beyond the limits configured into the Key will automatically and immediately terminate the licenses granted under this Agreement.
v. Licensee, or any person, is free to use, share or distribute an unlimited number of copies of the Software that do not use, and do not have installed, a Subscription Key.
a. Subscription Services. Subject to Licensee’s timely payment of the Subscription Fee and compliance with the terms and conditions of this Agreement, DarkViking Software, LLC shall provide to Licensee the Subscription Services during the Subscription Term. Unless renewed, the Subscription Services will expire at the end of the applicable Subscription Term. This means that while the Licensee is free to use the Software after the expiration of the applicable Subscription Term, DarkViking Software, LLC will not provide the Subscription Services after the end of the applicable Subscription Term.
b. Subscription Fee Payment. Payment of the Subscription Fee shall be made by Licensee as set forth in the applicable Order Form.
4. Description of Rights and Limitations
a. Limitations. Licensee shall not, and shall not encourage any third party to: (a) modify, adapt, alter, translate, or create derivative works of the Licensed Software; (b) reverse-engineer, decompile, disassemble, or attempt to derive the source code for the Licensed Software, in whole or in part, except to the extent that such activities are permitted under applicable law; (c) distribute, license, sublicense, lease, rent, loan, or otherwise transfer the Licensed Software, or the Key, to any third party; (d) remove, alter, or obscure in any way the proprietary rights notices (including copyright, patent, and trademark notices and symbols) of DarkViking Software, LLC or its suppliers contained on or within any copies of the Licensed Software; (e) use the Licensed Software for the purpose of creating a product or service competitive with the Licensed Software; (f) use the Licensed Software with any unsupported software or hardware (as described in the applicable documentation provided by DarkViking Software); (g) use the Licensed Software for any time-sharing, outsourcing, service bureau, hosting, application service provider or like purposes; (h) disclose the results of any benchmark tests on the Licensed Software without DarkViking Software, LLC’s prior written consent; or (i) use the Licensed Software other than as described in the documentation provided therewith, or for any unlawful purpose.
b. Update and Maintenance. Licensor shall provide updates and maintenance on the Software on an as needed basis.
c. Separation of Components. The Software is licensed as a single product. Its components may not be separated for use on more than on computer.
5. Ownership of Licensed Software
a. Licensor represents and warrants that it has the legal right to enter into and perform its obligations under this EULA, and that use by the Licensee of the Software, in accordance with the terms of this EULA, will not infringe upon the intellectual property rights of any third parties.
b. DarkViking Software, LLC owns and retains all right, title, and interest, including all intellectual property rights, in and to the Software, including any improvements, modifications, and enhancements to it. Except for the rights expressly granted in this Agreement, Licensee shall acquire no other rights, express or implied, in or to the Software, and all rights not expressly provided to Licensee hereunder are reserved by DarkViking Software, LLC. All the copies of the Software provided or made available hereunder are licensed, not sold.
6. Intellectual Property.
a. All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Licensor. The Software is protected by all applicable copyright laws and international treaties.
7. No Support.
a. Licensor has no obligation to provide support services for this Software.
a. This EULA is effective for the Subscription Term or until:
i. Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
ii. Terminated or suspended by Licensor, with or without cause.
b. In the event this EULA is terminated, you must cease using the Software with the Key.
a. This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Georgia, without regard to conflicts of laws provision thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in corts located in Atlanta, GA, and each party consents to the jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
a. This EULA is not assignable or transferable by Licensee, and any attempt to do so would be void.
a. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
12. No Warranties
a. LICENSEE AND ALL OTHER USERS EXPRESSLY UNDERSTAND AND AGREE THAT ALL USE OF THE SUPPORTED SOFTWARE IS AT USER’S SOLE RISK AND THAT THE SUPPORTED SOFTWARE AND SUPPORT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
13. Limitation of Liability.
a. LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDNTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATINS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMTED REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THGOUGH LICENSEE, EXEED THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE.
14. Entire Agreement
a. This EULA constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject of this EULA.
15. Additional Provisions and/or Disclosures.
a. The Software is an interactive product that, among other activities, contacts and communicates with our services and servers, receiving updates and instructions. The Software look, features and functionality may change at any time. The Software may gather, collect and share User data with our servers.
b. Licensor reserves the right to collect data, metrics and analytics on how the Software is used.
c. Licensor reserves the right to require Licensee and/or all Users to update the Software to the current version at any time. Licensor may terminate availability and/or support for any Software version or release without notice.
d. This EULA may be periodically changed or updated.