Calmly Writer Desktop App — End User License Agreement (“EULA”)
By purchasing a License Key and/or downloading and using the Calmly Writer App, 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 Calmly Writer App.
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.
In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
- “The Author” Yusef Hassan Montero, the author of Calmly Writer App;
- “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 Calmly Writer App, its features and the system requirements as made available on the website calmlywriter.com;
- “Full version” the license for the Calmly Writer App for the term specified on the webpage of the store where the User purchase the license;
- “License Key” an unique code provided by the Author, which enables the User to activate the full version by entering the code into the Calmly Writer App and to subsequently use the Calmly Writer App during the applicable license term;
- “Calmly Writer App” 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;
- “Trial version” the license for the Calmly Writer App for the term of 15 days to use the Calmly Writer App for the sole purpose of testing and evaluating the Calmly Writer App;
- “Updates” any modified versions and updates of, and additions to the Calmly Writer App (excluding upgrades of the Calmly Writer App);
- “The User” you, the final and ultimate user of the Calmly Writer App or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Calmly Writer App, and the company or other legal entity that will be the final and ultimate user of the Calmly Writer App, if applicable.
- This EULA applies to any licenses granted to the User by the Author for the use of the Calmly Writer App.
- By purchasing a License Key for the Calmly Writer App and/or downloading and using the Calmly Writer App, 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.
- The Author grants the User a non-exclusive, non-transferable, limited, revocable license to use the Calmly Writer App 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 Calmly Writer App. The User shall not acquire any ownership to the Calmly Writer App as result of his purchase of the License Key of the Calmly Writer App.
Permitted use and restrictions
- In order to be able to install the Calmly Writer App and receive Updates and upgrades, the User’s computer shall have access to the Internet.
- The User may use the Calmly Writer App on one computer only, unless the User have purchased more than one Full version.
- The User shall use the Full version or Trial version in accordance with applicable laws and shall not:
- use the Trial version on any system where the Trial version was previously used and expired;
- rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key, the Full version or the Trial;
- use the Full version or Trial version for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
- delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Calmly Writer App; or
- 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 Calmly Writer App and the License Key or any parts thereof, except to the extent permitted by applicable law.
- The Author may modify the Calmly Writer App 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.
- Certain components of the Calmly Writer App are Open Source Software and licensed under the terms of the applicable license(s) of the Open Source Software. The User shall adhere to these terms and conditions, which can be found among the Calmly Writer App settings.
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.
- The User can download available Updates and upgrades from the website of Calmly Writer.
- 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.
- The User use the Calmly Writer App at his own risk.
- The Calmly Writer App and accompanying documentation are provided on an “as is” and “as available” 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.
- The liability of the Author and any third party that has been involved in the creation, production, or delivery of the Calmly Writer App for all damages arising out of or in any way relating to the Full version, the Trial version, the License Key, the Calmly Writer App 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 Calmly Writer App 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 Calmly Writer App).
- This EULA will continue to be in force until the expiry or termination of the Full version or the Trial version.
- The Full version or Trial 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 Trial 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 Spain, excluding its conflicts of law rules.
- Any dispute between the Author and the User shall exclusively be submitted to the competent court in Spain.