EULA - Dot X
END USER LICENCE AGREEMENT
Last updated April 13, 2024
DotMatrixLabs Dot X is licensed to You (End-User) by Frogbyte AS ('Licensor'), for use only under the terms of this Licence Agreement.
By downloading the Licensed Application from Anystacks distribution service, and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement. Anystack is referred to in this Licence Agreement as 'Services'.
The parties of this Licence Agreement acknowledge that the Services are not a Party to this Licence Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Frogbyte AS, not the Services, is solely responsible for the Licensed Application and the content thereof.
DotMatrixLabs Dot X when purchased or downloaded through the Services, is licensed to You for use only under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You.
TABLE OF CONTENTS
1 THE APPLICATION
2. SCOPE OF LICENCE
3. TECHNICAL REQUIREMENTS
4. NO MAINTENANCE AND SUPPORT
5. USER-GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENCE
7. WARRANTY
8. PRODUCT CLAIMS
9. CONTACT INFORMATION
10. LIMITATION OF LIABILITY
11. DISPUTE RESOLUTION
12. TERMINATION
13. APPLICABLE LAW
14. MISCELLANEOUS
THE APPLICATION
DotMatrixLabs Dot X ('Licensed Application') is a piece of software created to serve as an interface between the Decker physical volume mixer and computer programs and devices. It is used to manipulate sound volumes for programs and devices.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
SCOPE OF LICENCE
2.1 This licence will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate licence is provided for such update, in which case the terms of that new licence will govern.
2.2 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by Frogbyte AS's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.3 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Frogbyte AS's prior written consent).
2.4 You may not copy (excluding when expressly authorised by this licence) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.5 Licensor reserves the right to modify the terms and conditions of licensing.
2.6 Nothing in this licence should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
TECHNICAL REQUIREMENTS
3.1 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
NO MAINTENANCE OR SUPPORT
4.1 Frogbyte AS is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application.
4.2 Frogbyte AS and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
USER-GENERATED CONTRIBUTIONS
The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
1 . The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11 . Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this Licence Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this Licence Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
CONTRIBUTION LICENCE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
WARRANTY
7.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
7.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Frogbyte AS's sphere of influence that affect the executability of the Licensed Application.
PRODUCT CLAIMS
Frogbyte AS and the End-User acknowledge that Frogbyte AS, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement.
CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
post@frogbyte.io
LIMITATION OF LIABILITY
10.1 To the fullest extent permitted by applicable law, in no event shall Frogbyte AS or its affiliates, licensors, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Licensed Application; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Licensed Application; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Licensed Application by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Licensed Application; and/or (vi) the defamatory, offensive, or illegal conduct of any third party. In no event shall Frogbyte AS's aggregate liability for all claims relating to the Licensed Application exceed the amount paid by you to Frogbyte AS for the Licensed Application.
DISPUTE RESOLUTION
11.1 Any disputes arising out of or relating to this Licence Agreement or the Licensed Application shall be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiations, it shall be submitted to mediation before a mutually agreed-upon mediator. If mediation fails, the dispute shall be settled by binding arbitration conducted in Norway, in accordance with the rules of the Norwegian Arbitration Act. The decision of the arbitrator shall be final and binding upon the parties.
By incorporating these suggestions, the EULA can provide clearer protections and expectations for both the Licensor and the End-User.
TERMINATION
The licence is valid until terminated by Frogbyte AS or by You. Your rights under this licence will terminate automatically and without notice from Frogbyte AS if You fail to adhere to any term(s) of this licence. Upon Licence termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
APPLICABLE LAW
This Licence Agreement is governed by the laws of Norway excluding its conflicts of law rules.
MISCELLANEOUS
12.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
12.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.