Last updated 18 November 2020

End User License Agreement

Please read this End User License Agreement (“EULA”) before you purchase a License Key for the Software and subsequently download and use the Software.

By purchasing a License Key and/or downloading and using the Lite version and/or Full version of the Software, you 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 Software.

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.

You may not accept this EULA if you are not of legal age to form a binding contract with Protonpix.

1. Definitions

1.1 — In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

• “Activate” turning the Lite version into the Full version of the same application with a License Key provided by Protonpix;
• “Documentation” the detailed information about the Software, its features and the system requirements as made available on the website of Protonpix, as amended from time to time;
• “License Key” a unique code provided by Protonpix, which enables you to activate Full version by entering the code into the Software and to subsequently use the Software during the applicable license term;
• “Contract period” the duration for which Protonpix Software will remain available based upon what you have paid for it;
• “Main version” upgrade version that contains main or crucial modifications of the Software. The Main version is represented by the first number of the version of the Software which is placed before the dot(.);
• “Permanent license” license that is valid until the next Main version of the Software. New Permanent license must be purchased on every new Main version Software release with or without discounted price for the owner of the previous Main version of the Software;
• “Consecutive updates” any Main version of the Software that contains consecutive updates represented by numbers which are placed after the dot(.);
• “Full version” the Permanent license for the Main version and its Consecutive udates of the Software until the next Main version released for the term specified on the webpage of the store where you purchase the licensed software directly, without the need to enter a License Key, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription) to Use the Software;
• “Software” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to you by Protonpix, including any Updates and upgrades;
• “Lite version” the non-purchasable license for the Software that is freely granted for the term to Use the Software for the sole purpose of testing and evaluating the Software;
• “License version” Full version, Main version and Lite version of the Protonpix Software;
• “Updates” any modified versions and updates of, and additions to the purchased Software (excluding upgrades of the Software);
• “Use” the access, download, install, copy or get benefit from using the Software in accordance with the documentation;
• “you” you, the final and ultimate user of the Software or the authorized representative of a company or other legal entity that will be the final and ultimate user of the Software, and the company or other legal entity that will be the final and ultimate user of the Software, if applicable.

General

1.2 This EULA applies to any licenses granted to you by Protonpix for the use of the Software.

1.3 By purchasing the Full version or a License Key for the Software and/or downloading and using the Software, you enter into this EULA with Protonpix.

1.4 This EULA may be modified from time to time. Protonpix will notify you 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 you.

2. License

2.1 Protonpix grants you a non-exclusive, non-transferable, limited and/or revocable license to Use the Software in accordance with this EULA. Protonpix reserves all rights not expressly granted to you.

2.2 Protonpix is and remains the owner of any intellectual property rights with respect to the Software. You shall not acquire any ownership to the Software as result of your purchase of the License Key or your Use of the Software.

2.3 At the time of your purchase, you agree for 1(one) user license per Main version purchase which will be valid until the next Main version, and that will give you access to the Full version of the Protonpix Software.

3. Refunds

3.1 Due to the nature of digital content, we are not able to accept any refunds to you nor returns on these items. For that matter, we kindly release Lite version of the Software for the term to Use it for the sole purpose of testing and evaluating the Software.

4. Permitted use and restrictions

4.1 In order to be able to download the Software, your computer shall have access to the Internet.

4.2 You may Use the Software on one computer only, unless you have purchased more than one Full version. In the event you have purchased more than one Full version, the number of computers you may Use the Software on shall not exceed the number of the Full version purchased.

4.3 You shall Use the Full version or Lite version in accordance with applicable laws and shall not:

• Rent, lease, lend, sell, redistribute, sublicense or otherwise commercially exploit the License Key, the Full version or the Lite version; Use the Full version or Lite 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 Software; 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 Software and the License Key or any parts thereof, except to the extent permitted by applicable law.

4.4 Protonpix may modify the Software at any time at its sole discretion and without notice to you, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.

5. Maintenance and support

5.1 When new updates are available, you will be notified by the host application where such support exists, or notified from within the Software by providing a link to our website for the Software updates when no such support exists.

5.2 Updates of Lite version of the Software are freely available for download. No valid license key is required to Use the Software update or upgrade.

5.3 Updates of Full version of the Software are freely available for download only to the purchasers of the Full version. However, a valid license key or a valid proof such as paid invoice is required to Use the Software update or upgrade.

5.4 Any maintenance and support we provide, 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 our availability. We do our best to respond and fix errors as quickly as possible. Due to the nature of our work and that we are realitvely a small team communicating remotely, there might be, occasionally, periods that we will not be able to answer to your e-mailed questions on time. On that matter we ask you politely to be patient and wait for an answer.

6. Use of data

6.1 Protonpix and/or its vendors may periodically collect and use technical and related data concerning the Software you have licensed, including about the version number of the Software you have installed and about the system you have installed the Software on. Protonpix will use such data to facilitate maintenance and support with respect to the Software, to improve its products and to provide further services or technologies to you.

6.2 Protonpix may controll personal data with respect to you, if and to the extent necessary to provide the License Key or Full version, to provide maintenance and support to you with respect to the Software and to comply with its obligations under this EULA.

7. Disclaimer

7.1 You Use the Software at your own risk and the entire risk as to satisfactory quality, performance and accuracy is with you.

7.2 The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and Protonpix specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Protonpix, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely upon such information or advice.

8. Liability limitation

8.1 The liability of Protonpix and any third party that has been involved in the creation, production, or delivery of the Software for all damages arising out of or in any way relating to the License version, the License Key, the Software and/or this EULA shall in no event exceed the cost of the most recent Contract Period.

8.2 Protonpix and any third party that has been involved in the creation, production, or delivery of the Software 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 Software).

8.3 The limitations of liability referred to in clause 7.1 and 7.2 shall not apply in the event that: (i) any negligence on the part of Protonpix leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of Protonpix or the management of Protonpix.

9. Termination

9.1 This EULA will continue to be in force until the termination of the Full version.

9.2 Protonpix is entitled to terminate the Full version by preventing access to any Consecutive updates, Main version and/or by blocking the License Key during the license term with immediate effect and without prior notice in the event you fail to comply with the terms in this EULA, in the event you fail to pay your fee for the License Key, Full version or Main version within the applicable payment term, or in the event Protonpix is required to do so by law or an order of an applicable court.

9.3 Upon termination of the Full version, you shall cease all use of the Software.

9.4 You 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.