End-User licence Agreement (EULA)
PowerDropdown Excel Add-in licence Agreement
This End User Licence Agreement ("Agreement") is between you ("you" or "Customer") and callmelazy, the Publisher and Owner ("Publisher") of the Power Dropdown Excel Add-in and any updates thereto (the "Software"), for which you are procuring a licence to use. The Agreement governs your use of the Add-in. By using the Software, you consent to the terms of this licence. If you do not consent to the terms of this licence, do not use the Software. All terms of this licence apply to both the free trial ("Free Trial") and paid versions ("Paid Versions") of the Software, except section 1b ("Paid Version Specific licence Terms") which only applies to the Paid Versions and section 1c ("Free Trial Specific licence Terms") which only applies to the Free Trial.
1a. Licence Grant
The Software is licensed and not sold to Customer. Upon acceptance of an Order, and subject to Customer's compliance with this Agreement, Publisher grants Customer a non-exclusive, non-transferable and limited licence to use the ordered Software. You may purchase a subscription ("Subscription") from Publisher to obtain access to one of the Paid Versions and once the respective licence is activated your usage of the Software shall be governed by the licensing terms of the Paid Version. Publisher reserves the right to change the features and functionality of any version of the Software without notice and at anytime, including but not limited to, restricting features in the Free Trial, changing the length of the period of use of the Free Trial, creating other versions of the Software with different features, and restricting, discontinuing, or disabling the Free Trial. The Software can only be used while a licence is active. Once a licence has expired, you may not make any attempt to continue using the Software, other than purchasing a subscription from Publisher. If you no longer wish to use the Software, the Software should be uninstalled from your computer.
1b. Paid Version Specific Licence Terms
One (1) Subscription permits the use of a Paid Version of the Software under a single Microsoft Account, for the duration of the Subscription's term. If an individual user maintains multiple Microsoft Accounts, a separate subscription for each Microsoft Account must be purchased. Technical support is provided by email while a paid Subscription is active.
1c. Free Trial Specific Licence Terms
The Free Trial allows use of the Software without purchasing a Subscription to let a user evaluate the Software. The Free Trial begins once the Software has been installed and Microsoft Excel is opened for the first time with the Software installed. Publisher can modify the duration of the Free Trial period without prior notice.
No technical support is guaranteed during the Free Trial period unless a separate agreement exists with Publisher.
2. Restrictions
Except as expressly permitted in this Agreement, Documentation or an Order, Customer must not (and is not licensed to):
- copy, modify, reverse engineer, decompile, or disassemble the Software, or attempt to do so;
- install or use any third-party software or technology in any way that would subject Publisher's intellectual property or technology to any other licence terms;
- work around any technical limitations in an Offering or restrictions in Documentation;
- use the Software for any unlawful purpose;
- transfer parts of the Software separately; or
- distribute, sublicence, rent, lease, or lend the Software, in whole or in part, or use them to offer hosting services to a third party.
Any attempt to do so is a violation of the rights of Publisher and any breach of these restrictions may subject Customer to prosecution and damages. Publisher will not provide support if the Software malfunctions as a result of violating these restrictions.
3. Property Rights
The Software and all intellectual property rights in and to the Software are and shall at all times remain the sole and exclusive property of Publisher and are protected by applicable intellectual property laws and treaties. This licence grants you no right, title, or interest in any intellectual property owned or licensed by Publisher. All rights not expressly granted to you are reserved by Publisher.
4. Warranties
Publisher warrants that the Software will not, to the best of Publisher's knowledge, infringe or violate any third party patent, copyright, trademark, trade secret, or other proprietary right; or contain viruses or other malicious code that will degrade or infect any products, services, software, or Customer's network or systems
5. Disclaimer and Limitation of Liability
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED “AS IS”, AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUBLISHER DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), WITH RESPECT TO THE SOFTWARE, INCLUDING OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF SATISFACTORY QUALITY, OF ACCURACY, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PUBLISHER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT POTENTIAL DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
PUBLISHER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE SOFTWARE OR ANY PERFORMANCE OF THIS AGREEMENT.
6. Termination
Termination of this licence occurs upon the earliest of a) uninstallation of the Software, b) when Your Free Trial or Paid Version subscription expires. This licence may otherwise terminate automatically without notice from Publisher if you fail to comply with any term of this licence agreement and in cases where payment has been made by you to the Publisher for the use of the Software, Publisher shall not refund you such payment.
