RenderFlow EULA

This End-User License Agreement (“EULA” or “Agreement”) is a legal agreement between you, the Licensee (either an individual or a legal entity, which is represented by the “Licensee” and Licensee warrants that Licensee have the right, power and authority to act on behalf and bind to this EULA) and Sourceline Kft.. (“Sourceline” or “Licenser”).

By accessing, installing, or otherwise using the Software, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Sourceline, and it supersedes any prior proposal, representation, or understanding between the parties.

If you do not agree to the terms of this EULA, do not download, install or use the Software. The Software is licensed, not sold, to you by Licenser for use strictly in accordance with the terms of this EULA.

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1. Definitions

1.1. Capitalized terms are defined in this Agreement, or elsewhere in the other applicable terms and conditions accepted hereby by reference. Words importing the singular include the plural, and the opposite applies, and words importing any gender include the other genders. References to persons include individuals, firms, partnerships, limited liability partnerships, companies, corporations, associations, organizations, governments, governmental agencies and departments, states, foundations and trusts (in each case whether or not having separate legal personality) and corresponding or similar entities in any relevant jurisdiction. Reference to any statute includes a reference to any subordinate legislation and to any amendments, consolidation, extension or re-enactment of that statute or subordinate legislation. The use of the words "including" or "include" shall not limit the general applicability of any preceding words.

1.2. "Access" (as well as "to Access", "Accessible" and other similar language forms) means, (a) to Use, execute, or otherwise benefit from the features or functionality of the Software, or (b) to Use or benefit from the Software. Access is any access to the Software regardless of whether it has been locally installed on Licensee’s Computer, Used via Cloud Services, Software as a Service, or otherwise remotely accessible.

1.3. "Affiliate" means any entity that Controls, is Controlled by, or is under common Control with either Party, as applicable, where "Control" means having the power, directly or indirectly, to direct or cause the direction of the management and policies of the entity, whether through ownership of voting securities, by contract or otherwise.
1.4. "Cloud Services" on demand, cloud-based, or otherwise remotely accessible Services.
1.5. "Computer" means (i) a single electronic device, with one or more central processing units (CPUs), that accepts information in digital or similar form and manipulates the information for a specific result based on a sequence of instructions, or (ii) a software implementation of such a device (or so-called virtual machine).
1.6. "Content" materials licensed by Licenser, regardless of whether it has been downloaded locally on Licensee’s Computer, Accessible as a Cloud Service, Service or otherwise remotely Accessible. Content may include 3D model files, geometry, texture maps, materials, renderings and other constituent files related to the Content and its representation, and any modifications and/or compilations thereof, currently available in the Licenser’s portfolio, and/or accompanying documentation, and/or support files, designated and listed on https://pulze.io, or any other successor site designated by the Licenser, or as maybe otherwise instructed by the Licenser, including updates (if any). Content may be available for paid or free Use, upon Licenser’s discretion. Content may be available only to certain regions, target groups of customers, or in connection to other specific Products where the relevant restrictions or prerequisites will be designated in the relevant Documentation - user guides, relevant Licenser’s website(s), or elsewhere.

1.7. "Documentation" means the applicable user manual, Third Party Materials, and the acceptable use policy, etc., which may be found at https://docs.pulze.io, or any other successor site(s) designated by Licenser, the applicable service level agreement, if any, and other corresponding copyrighted materials published by Licenser from time to time that are customarily made available to Licensees of the applicable Software.

1.8. "Effective Date" means the date on which Licensee accepts this Agreement or otherwise Access, download, install, execute or Use the Software or Services, whichever occurs first. Regardless anything to the contrary, Subscription term will start as at the moment of Software activation.

1.9. “Hostname” or “Computer Name” is a label or a name that is assigned to a device, such as a Computer, server, or network device, connected to a computer network. It is used to identify the device within the network, allowing other devices to communicate with it using the assigned Hostname rather than its numerical IP address. Hostnames are part of the Domain Name System (DNS), which is a hierarchical naming system used to map human-readable names to IP addresses.

1.10. “IP Address” means internet protocol address; it is an identifying number that is associated with a specific computer or computer network.

1.11. "Internal Use" is any allowed Use by Licensee or Licensee’s own employees solely to meet the internal requirements of Licensee’s needs and own business in the ordinary course of such business, including for the benefit of Licensee’s customers in the ordinary course of Licensee’s business.

1.12. "Licensee’s Data" means data and content owned by Licensee that Licensee have submitted for upload to Licenser’s servers or computer system for use with one or more of the Software.

1.13. "Licensed Material" means the Software, Content and Documentation.

1.14. "License Server" means a primarily cloud-based Protection Mechanism to control access and permit only the number of licenses, seats, cloud credits, etc., acquired to be in use at one time and to prevent unauthorized or unlicensed Use of the Software.

1.15. "License Type" means a type of license specified by Licenser for the Software. License Type, which is subject to change from time to time, is determined by Licenser and may be specified in the Subscription for the Software, separately associated with the applicable Software or elsewhere as may be deemed appropriate by Licenser. License Type may include one of the following types:

1.15.1. “Free Version”: Conditioned on Licensee's continuous compliance with this Agreement and the restrictions stipulated in Section 4 below, can be used for free in any personal or commercial project for a period of 30 days. Free Version shall be used by one identified individual (named-user), who may install the Software on a maximum of one Computer for the named-user so long as the Software is used only by the named-user. Using any non-commercial Software procured under a limited license in a production environment is prohibited. Limited support will be provided to Free Version according to Section 15 below.

1.15.2. “Full Version”: Entitles Licensee to install copies of the Software on a Computer and permit access to the Software on multiple Computers, solely by Licensee's personnel, solely for Licensee 's personal or own business needs, but the number of Licensee's concurrent Computers accessing the Software is restricted to the number of Licenses purchased. Licensee's Computers may access the Software via a network provided Licensee has purchased enough Licenses for each concurrent Licensee's Computer that will access the Software via the network.

1.15.3. “Indie/Lite Version”: Entitles Licensee to use a limited version of the full-featured version of this Software on a Computer and permit access to the Software on multiple Computers, solely by Licensee's personnel, solely for Licensee 's personal or own business needs, but the number of Licensee's concurrent Computers accessing the Software is restricted to the number of Licenses purchased. Licensee's Computers may access the Software via a network provided Licensee has purchased enough Licenses for each concurrent Licensee's Computer that will access the Software via the network. The limitations are described at https://www.pulze.io/products/renderflow.

1.16. "MAC Address": means media access control address; it is a globally unique 12-digit, and 48 bits long physical address, which uniquely identifies each device on a given network.

1.17. "Protection Mechanism" means schemes or devices to control access and permit only the number of Subscriptions, seats, licenses, service credits, capacity, etc, acquired to be in Use at one time and to prevent usage of unlicensed copies of the Software. The Software utilizes a protection mechanism designed to control access and ensure the valid usage of licensed copies. This protection mechanism operates in conjunction with a license server system to monitor and manage the usage of licensed copies of the Software.

1.18. "Renderer" means an embedded or separate subset of Software included in the Licensed Materials used specifically for rendering files created with other Licensed Materials, installed locally on Licensee’s Computer, and/or remotely Accessible (via Cloud Service or Software as a Service) as provided for, from time to time, by the terms of Licensee’s Subscription.

1.19. "Result" means digital works generated by inputting Licensee’s Data in order to produce new and unique work product that results from and is a function of the information and techniques used by Licensee to utilize the Software. Regardless of anything on the contrary, Users cannot produce physical embodiments of the Content or include it in any Result that is deemed illegal in Licensee’s Territory or according to any applicable law(s).

1.20. "Services" means services provided or made available by Licenser, in return for a fee or free of charge, including, without limitation, support services, storage, rendering, simulation and testing services, training and other benefits, as well as any services provided, or made available, as part of a Subscription.

1.21. "Software" is the Licenser’s software product named RenderFlow, which is an object code of an executable computer program in a machine readable form which may include associated software components, media, printed materials, and "online" or electronic documentation provided by Licenser.

1.22. "Software as a Service" or "SaaS" means on demand, remote Access to certain Licensed Materials, as may be ensured by the License Server or other Protection Mechanism, for a limited period of time, according to the terms Licenser’s Subscription. Technical support, customer success plans, and professional services, specially devoted to SaaS Licensed Materials, are considered part of the Subscriptions under this Agreement should they be clearly communicated in the Subscription or related Documentation, subject to change from time to time, as part thereof.

1.23. "Subscription" is any customer relationship program for the Software, including downloadable Software, SaaS Products, Content, Cloud Services and other Services offered by Licenser, under which Licenser provides, in return for a license fee or free of charge, and for a prescribed period of time as designated for the Software subject to Subscription, Access to Licensed Materials and Services, updates and upgrades to, new versions of, and certain other support, services and training programs relating to certain Software.

1.24. "Support Data" part of technical support services, Licenser may receive and collect certain data from Licensee to diagnose and resolve issues with the Software. This Support Data may include information about Licensee’s system configuration, error logs, diagnostic reports, and other relevant technical information.
1.25. "Use" or "Using" means to access, download, execute, install, copy or otherwise benefit from using the functionality of the Software for Internal Use in accordance with this Agreement and/or the Documentation. "Use", when specifically referring to Content, will mean Internal Use such as a) browsing the Content by taking advantage of the tools provided by Licenser, b) downloading Content, on a piece by piece basis, and c) importing it in a specially designated Software for the purpose of processing the Content together with Licensee’s other materials so as to prepare raw input data or information such as imagery files capable of follow up rendering or otherwise processing service(s), aiming to finally achieve a Result.

1.26. “Users" or "Licensee’s Users" means the Licensee, Licensee’s individual employees with whom Licensee conduct business for the Internal Use of Licensee’s enterprise or Licensee’s Computers, for whom Licensee have purchased Subscriptions only for Licensee’s benefit or as part of Licensee’s project.

1.27. “Websites” means Licenser’s website or websites which are accessible at https://www.pulze.io

2. Account and password

2.1. Licensee may be required to register an account with Licenser in order to access certain areas of the Website or any and/or all Software. With respect to any such registration, Licenser may refuse to grant the Licensee, and Licensee may not Use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that Licenser rejects for any other reason at their sole discretion. Licensee’s user name and password are for the Licensee’s personal use only, and not for use by any other person. Licensee and Licensee’s Users are responsible for maintaining the confidentiality of any password Licensee may Use to access the Websites and Software, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Websites and Software, to any third party. Licensee are fully responsible for all interaction with the Websites and Software that occurs in connection with Licensee’s password or user name. Licensee hereby agrees to notify Licenser immediately of any unauthorized use of Licensee’s password or user name or any other breach of security related to Licensee’s account or the Website(s) and Software, and to ensure that Licensee will "log off" (exit from Licensee’s account with the Websites and Software) at the end of each session. Licenser is not liable for any loss or damage arising from Licensee’s failure to comply with any of the foregoing obligations.

3. Grant of license

3.1. Subject to the Licensee’s full payment of the applicable fees, and conditioned on the Licensee’s continuous compliance with this Agreement and the restrictions stipulated in Section 4 below, Licenser grants and Licensee accepts a non-exclusive, non-transferable, limited license to:

3.1.1. Download and (a) install the Software on an unlimited number of computers and (b) use the Software by no more than the authorized number of concurrent Users, within the scope of the License Type obtained by Licensee, and in accordance with the terms of this EULA. The Software is in use for the duration that it keeps engaged a license from the license server. The term of the license and Licensee’s ability to use the Software is limited to the time period of the obtained license, which is specified on the Website.

3.1.2. Benefit commercially from using the Software in the authorized manner considering the restrictions in Section 4 below.

4. Description of other rights and limitations

4.1. Fair use only

4.1.1. The Licensee agrees to use the Software only for their intended purposes as designed and established by Licenser.

4.1.2. Creating derivative works, translations, adaptations, arrangements, or other alterations of the Software or making reproductions, distributions, communications, displays, or performances to the public of the results of such acts is not allowed.

4.1.3. Participating in any illegal, deceptive, misleading, or unethical practices and activities that may be detrimental to Licenser or the Software is strictly prohibited.

4.1.4. Using the Software beyond the scope of the license and/or capacity purchased is not allowed, and additional capacity can be added only upon extra fees.

4.1.5. Providing access to or otherwise making the Software or their functionality available to any third party is prohibited.

4.1.6. Transferring, sublicensing, or assigning rights under the agreement to any other person or entity, is not allowed, unless expressly authorized by Licenser in writing.

4.1.7. Using Subscriptions or Software to store or transmit infringing, libelous, unlawful, or tortious material, or to store or transmit material in violation of third-party rights, or participating in any illegal, deceptive, misleading, or unethical practices and activities that may be detrimental to Licenser or the Software, is strictly prohibited.

4.1.8. Interfering with or disrupting the integrity or performance of the Software or their related systems or networks, or attempting to gain unauthorized access to them, is not allowed.

4.1.9. Taking any steps to avoid or defeat the purpose of any Protection Mechanism or using the Software in a manner that circumvents or interferes with the operation of the Protection Mechanism is strictly prohibited.

4.2. Prohibition on Distribution

4.2.1. Redistribution, giving away, leasing, renting, loaning, charging, donating, exchanging, sharing, selling, reselling, assigning, sublicensing or granting access to the Software or otherwise transferring the Software or any rights or interest to any third parties is prohibited, unless expressly authorized by Licenser in writing. The Licensee must ensure that the Software is Used only by the Licensee personally or by Licensee's employees on Licensee's behalf. Unauthorized Use of the Software by any third party must be reported to the Licenser promptly.

4.3. Prohibition on Reverse Engineering, Decompilation, and Disassembly

4.3.1. It is prohibited to adapt, copy, decompile, reverse comply, tamper with, reverse engineer, disassemble, attempt to derive the source code, decrypt, modify, or create derivative works of the Software as a whole or any part.

4.3.2. The Licensee shall not make copies, duplicate or reproduce the Software, or attempting to derive the source code, methodology, analysis, or results of the Software, in whole or in part, except for installation on Licensee's computers and creating back-up copies. Back-up copies are only allowed for archival purposes only. Using the Software to develop a new software product with the same or similar main function is not allowed.

4.4. Copyright and modification

4.4.1. Removing or altering any copyright or other proprietary notice from the Software is not allowed.

4.4.2. Usage of any of the Software 's components, files, modules, audio-visual content, or related licensed materials separately from the Software is prohibited.

4.4.3. The Licensee shall not Use the Software in a manner that infringes any third party's copyrights or other rights.

4.4.4. Modifying, translating, adapting, making arrangements, or any other alteration of the Software or creating derivative works from the Software, in whole or in part, is not permitted.

4.4.5. Removing, modifying, or concealing any product identification, copyright, proprietary, or intellectual property notices or other such marks on or within the Software is not allowed.

4.5. Compliance with Applicable Laws

4.5.1. You must comply with all applicable laws regarding Use of the Software.

5. Prerequisites and requirements

5.1. The Software may contain or be accompanied by collateral products such as third-party software, data or other materials ("Third Party Materials") that are subject to and provided in accordance with terms that are in addition to or different from the terms set forth in this Agreement. To the extent any terms of this Agreement conflict with any such terms, the latter shall prevail. Such terms may be included or referenced in or with the Third Party Materials or a web page specified by Licenser (the URL for which may be obtained on Websites or on request to a Licenser representative), where the requirements and supported versions of the Third Party Materials may be found in the Documentation. Licensee hereby agrees to comply with such terms. In addition, Licensee will take sole responsibility for obtaining and complying with any licenses that may be necessary to use Third Party Materials that Licensee will use or obtain for use in conjunction with the Software. Licensee acknowledges and agrees that Licenser has no responsibility for, and makes no representations or warranties regarding, such Third Party Materials or Licensee’s use of such Third Party Materials Internet access may be needed at all times, and creation or login to an account may be needed to use all aspects of the Software.

5.2. Licensee is solely responsible for arranging and paying any cost for the Use of the proper Third Party Materials, internet or other network access, equipment, software, services and other resources required for Licensee to Access and/or Use the Software, including, without limitation, hardware and software prerequisites such as proper Computer and operating system, license, service provider or otherwise fees, telecommunications fees, and the costs of any equipment and third-party software (including, without limitation, encryption and other security technology). Licenser may not be held responsible for the support of Licensee’s Access and will not be responsible for the reliability, security or performance of any Access. These terms do not change any restrictions applicable to Licensee’s Use of any other products and offerings of Licenser provided under separate terms and conditions not part of this Agreement.

6. Delivery

6.1. Licenser will furnish the Software electronically, Licensee has to register and download the Software from Licenser's official Website.

6.2. Licenser does not warrant authenticity and Licenser may not provide any warranty for products downloaded elsewhere.

7. Confidentiality and NON-DISCLOSURE

7.1. Licenser and Licensee acknowledge and agree that during the Term of or in relation with this Agreement either party (the "Disclosing Party") may disclose to the other party (the "Recipient") certain business and/or technical information of a confidential and proprietary nature. "Confidential Information" means any proprietary information, trade secret (organization, structure, object or source code of the Software, etc. any API, SDKs, libraries, reference, sample code etc.) or other non-public information that Disclosing Party delivers or communicates to the Recipient or to which the Recipient otherwise gains access to under this Agreement.

7.2. Confidential information may be used only internally and only in conjunction with and for Recipient's own authorized internal use.

7.3. Recipient shall maintain the confidentiality of the Disclosing party's Confidential Information and may not disclose, distribute or otherwise provide it to third parties, except in cases where such information is required by applicable law or court order and a prompt advance notice to Disclosing party has been sent to enable the latter to seek a protective order or otherwise prevent such disclosure.

8. Termination

8.1. This Agreement will terminate immediately, without prior notice from Licenser, in the event that Licensee fails to comply with any provision of this Agreement. Upon termination of this Agreement, Licensee shall cease all Use of the Software and delete all copies of the Software. Termination of this Agreement will not limit any of the rights or remedies that Licenser has under this Agreement, in case of breach by Licensee (during the term of this Agreement) of any of Licensee’s obligations under the respective agreement.

8.2. Termination for Cause

8.2.1. Either party may terminate this Agreement for cause if the other party (a) fails to cure any material breach of the terms of this Agreement within thirty (30) days after written notice; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter).

8.3. Termination of the monthly or yearly Subscription

8.3.1. If Licensee agreed upon the monthly or yearly Subscription, each party shall be entitled to terminate this Agreement at any time, and the Subscription will expire upon the end of the current Subscription period. Termination of the monthly or yearly Subscription will take effect on the day following the last day of the current Subscription period.

8.3.2. Upon the expiration of Licensee’s subscription to the Software, Licensee’s access to certain features and functionalities may be restricted. Following the expiration of Licensee’s subscription, Licenser grants Licensee a limited, non-exclusive, non-transferable right to continue using the Software as a read-only version solely for the purpose of accessing and retrieving stored data. While using the read-only version Licensee may not (a) make any modifications, edits, or changes to the data within the Software version; (b) create new data or content within the Software; (c) attempt to circumvent or reverse-engineer any restrictions or limitations imposed on the read-only version. Licensee acknowledges that some features and functionalities of the Software may be disabled or unavailable in the read-only version. Licensee my regain access to the Software and its functionalities with subscription renewal.

8.3.3. The read-only access granted following the expiration of Licensee’s subscription is intended to facilitate the retrieval of Licensee’s data. It does not extend or reinstate any rights or privileges associated with the active subscription, and it does not entitle Licensee to receive updates, support, or new features.

8.3.4. Licenser reserves the right to modify or discontinue the read-only access option at any time, at Licenser’s sole discretion, with or without notice. Licensee agrees that Licenser shall not be liable for any loss, damage, or inconvenience arising from the modification or discontinuation of the read-only access.

8.3.5. By continuing to use the Software as a read-only version following the expiration of Licensee’s subscription, Licensee acknowledges and accepts the limitations of the read-only access and agrees to abide by the conditions outlined in this clause.

8.4. Upon any expiration or termination of this Agreement, Licensee at Licenser’s request must cease Using the Software and delete or return all Confidential Information or other materials of the Licenser, including on any third-party systems operated on Licensee’s behalf. Licensee may not have access to Licensee’s Data not saved on Licensee’s storage media (and Licenser may delete all of Licensee’s Data unless legally prohibited) after the expiration or termination of this Agreement (or its applicable Subscription term). If Licenser terminates this Agreement based on a Termination for Cause, Licensee must pay any unpaid fees covering the remainder of the then-current Subscription term after the effective date of termination. In no event will termination relieve Licensee of their obligation to pay any fees payable to Licenser for the period prior to the effective date of termination. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.

8.5. Suspension: Licenser may also terminate any right granted to Licensee under this Agreement and/or suspend, modify, or delete Licensee’s account if it has another valid reason to do so (for example, Licensee is repeatedly or seriously breaking any limitations imposed by law or contract; ceasing the Software for economic reasons due to a limited number of Users, etc.) or without reason by giving Licensee a reasonable prior notice. If Licenser terminates any right granted to Licensee under this Agreement and/or suspends or deleted Licensee’s account, this means that Licensee’s access to and right to Use the Software will be temporarily or permanently revoked.

9. Copyright

9.1. The Software, all title to intellectual property rights, including but not limited to copyrights, patents, trademarks, trade secrets, and other intellectual property rights, in and to the Software, the content accessible through the Software, and any copies thereof, are owned by Licenser and shall remain the sole and exclusive property of Licenser. All rights not expressly granted are reserved by Licenser.

9.2. Licenser shall retain all rights to intellectual and intangible property relating to the Software, including copyrights, patents, trade secret rights, trademarks, and any other intellectual property rights, unless otherwise indicated. Possession, installation, or use of the product does not transfer any title to the intellectual property. Any suggestions or comments related to the Software provided by Licensee may be retained and used by Licenser without approval or compensation to Licensee.

9.3. Licensee understands and agrees that the License granted under this Agreement constitutes a limited license and does not transfer any right, title, or ownership interest to the Software or Licenser’s IP Rights. All right, title, and interest in and to Licenser’s IP Rights, including copyrights, patents, trade secrets, know-how and trademarks, used in designing, updating, and operating the Software, including, but not limited to the look and feel of the Software shall be owned by the Licenser, and Licensee shall have no ownership interest in or right to use the Software or any other IP Rights during the term of the License or following termination or expiration of this License, except as provided in this Agreement.

9.4. Possession, installation, or use of the Software does not transfer any title to Licenser’s intellectual property. Licenser and its licensors own and retain title to and ownership of, and all other rights with respect to, the Software, the Confidential Information, and all copies thereof, including copyrights, trademarks, trade secrets, patents, and other intellectual property rights.

9.5. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software belong to the applicable content owner and may be protected by applicable copyright or other law.

9.6. Licensee is granted only the rights expressly described in this Agreement and has no other rights, implied or otherwise. Licensee shall not delete or alter any copyright, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the Software.

9.7. By accepting the terms of this Agreement, Licensee acknowledges the ownership and intellectual property rights as outlined in this clause.

10. Licensee Intellectual Property

10.1. Licenser and Licensee acknowledge that the Software is designed and is intended to be used by the Licensee to produce Result. For example, Licensee may use the Software to input Licensee’s own design criteria, parameters and then receive Result that is created by Licensee and is an individualized expression and unique creation resulting from the combination of the Software’s technology as well as the Licensee’s inputs and selections. To the extent Licensee uses the Software to produce Result by using the Software, and to the extent Licensee uses any of its own underlying intellectual property in connection with producing the same (such as proprietary design criteria or other features that are inputted into the Software), then Licenser agrees that it does not claim any right, title, or interest in such Result (except for the limited purpose for Licenser’s use of certain information to optimize and improve the Software) or the Licensee’s proprietary intellectual property used in connection with producing the same, and Licensee’s ability to use and retain the same is not restricted or otherwise affected by this Agreement.

11. No warranties

11.1. The Software is provided “As Is” without any express or implied warranty of any kind, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose. Licenser do not warrant or assume responsibility for the accuracy, completeness, or reliability of any information, text, graphics, links, or other items contained within or accessed through the Software. Furthermore, Licenser do not warrant that the Software will be free from computer viruses, worms, time bombs, logic bombs, or other harmful components. Licenser expressly disclaim any warranty or representation to Licensee or to any third party.

11.2. To the maximum extent, Licenser, disclaim all warranties, whether express, implied, statutory, or otherwise, with respect to their offering. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing, course of performance, usage, or trade practice. Licenser do not warrant that the Software will meet your requirements, achieve intended results, be compatible with other software or systems, operate without interruption, meet performance or reliability standards, or be error-free. Any Use of the Software is at Licensee’s sole risk.

11.3. The limitations of liability set forth in this clause apply to any claim related to the respective offerings, and in no event shall the liability of the respective owners, their employees, members, managers, affiliates, contractors, insurers, or agents exceed the aggregate amount paid by Licensee for the offerings in the 6 months immediately preceding the event giving rise to the claim.

12. Limitation of liability

12.1. In no event shall Licenser, as the owner of the Software be liable for any damages, whether direct or indirect, including but not limited to lost profits, business interruption, lost information, loss of data, loss of anticipated savings, or for any indirect, special, incidental, consequential, punitive damages, or damages based in contract, tort, or otherwise, arising out of Licensee’s use of or inability to use the respective offerings, even if the owners have been advised of the possibility of such damages. Furthermore, the Licenser shall have no liability with respect to the content of the Software, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights, or the disclosure of confidential information.

12.2. Licensee acknowledges that the Software have not been developed to meet Licensee’s individual requirements, and it is Licensee’s responsibility to ensure that their facilities and functions, as described in the Documents, meet Licensee’s requirements.

12.3. The maximum aggregate liability of the Licenser under or in connection with the Software, whether in contract, tort (including negligence), or otherwise, shall, in all circumstances, be limited to the total amount of fees paid by Licensee for the Software in the last 6 months.

12.4. The Licenser does not exclude or limit the liability where such exclusion or limitation would be unlawful, including liability for death or personal injury caused by gross negligence, fraud, or fraudulent misrepresentation.

12.5. Furthermore, neither Licenser nor any of its affiliates, licensors, or vendors shall be liable to Licensee or any other third party for any loss, damages, claims, or costs arising out of content created or generated using non-original software, even if the created content is edited using original software.

12.6. Each party agrees that any claims, actions, or disputes arising under or relating to this Agreement shall be brought exclusively in the courts specified in their respective clauses. The prevailing party in any such action shall be entitled to recover attorneys’ fees and costs.

12.7. Licenser will not be liable for any loss, damage or penalty if the Software is not performing or Licensee is not able to use any or all of the Software’s features due to a force majeure (including, but not limited to short-circuits, power outages, internet network malfunctions, administrative limitations and others such as a war, strike, riot, crime, or an event described by the legal term “act of God” e.g., flooding, earthquake, etc.) or other causes beyond Licenser’s reasonable control.

13. Data protection

13.1. Licensee acknowledges and agrees that in order to acquire and use the Software, Licensee (and third parties acting on Licensee’s behalf) may have to provide, and Licenser may acquire, certain personal information and data with respect to Licensee.

13.2. Licensee acknowledges and agrees that Licenser may read, collect, transfer, process and store certain information (“Information”) collected from the Software, including but not limited to information about:

13.2.1. MAC Address, IP Address; Hostname or Computer Name;

13.2.2. Information about Licensee’s Computer on which Software is installed and component parts thereof, for example: device ID which is to be allocated automatically; product type; manufacturer name; model name; OS version; language code; country or region; operational status;

13.2.3. Information of composition related to Computer, Software, contents of Software;

13.2.4. Information regarding how you are using Computer, Software, contents of Software, for example: when you use them; how often you use them; which function you use; or related statistical information;

13.2.5. Information about Software, for example: application ID; application version; information regarding contents operated or managed via Software; time stamp related to the usage of Software; information regarding the usage status and usage history of Software;

13.2.6. Information about devices or appliances which are connected with Computer via Software, for example: device ID; model name; and

13.2.7. IP Address of networks you use, information related to network you use.

13.3. Licenser may use and disclose Information subject to applicable laws in order to improve its products and services or to provide products or services to you. Such uses include, but are not limited to:

13.3.1. administering the functionalities of the Software;

13.3.2. to improve, service, update or upgrade the Software;

13.3.3. improving, developing and enhancing the current and future products and services of Licenser;

13.3.4. complying with applicable laws or regulations.

13.4. Certain services available through the Software may rely upon location information, including, but not limited to, the geographic location of the Computer. You acknowledge that for the purpose of providing such services, Licenser or their partners may collect, archive, process and use such location data, and that such services are governed by the privacy policies of Licenser or such third party. By using any such services, you agree that you have reviewed the privacy policies applicable to such services and consent to such activities.

13.5. Licenser will not intentionally use Information to personally identify the owner or user of the Software without your knowledge or consent.

13.6. Please contact applicable third parties for privacy policies relating to personally identifiable and other information you provide when you use or access third party software or services.

13.7. Information may be processed, stored or transferred to Licenser or agents which are located in countries outside of your country of residence. Data protection and information privacy laws in certain countries may not offer the same level of protection as your country of residence and you may have fewer legal rights in relation to Information processed and stored in, or transferred to, such countries. Licenser will use reasonable efforts to take appropriate technical and organizational steps to prevent unauthorized access to or disclosure of Information, but does not warrant it will eliminate all risk of misuse of such Information.

13.8. Licenser will only use your personal information as set out in https://www.pulze.io/privacy-policy.

14. Support

14.1. Technical support is only provided during the term of the Subscription. In addition to any other remedies available to Licenser, Licenser reserves the right to refuse to provide technical support if Licensee is overdue on any payment obligation under this Agreement.

14.2. Licenser will retain Support Data for a period of 90 days from the date of collection, solely for the purpose of providing technical support and improving the quality of Licenser’s services. After the 90-day retention period has elapsed, Licenser will promptly and securely delete all Support Data from Licenser’s systems. Licenser will not use the Support Data for any other purpose, and Licenser will not share it with any third parties unless required by law.

14.3. Licensee acknowledges and agree that any Support Data provided to Licenser during the technical support process is shared voluntarily and is necessary for Licenser to provide effective support for the Software. Licensee also acknowledges that retaining Support Data for a limited time is reasonable and necessary to fulfil our support obligations and improve the performance of the Software.

14.4. Full Version, Lite/Indie Version:

14.4.1. Technical support shall be limited to reasonable assistance in response to Licensee's technical support inquiries regarding: (i) Software installation, (ii) Software errors, and (iii) general questions regarding the usage of Software features.

14.4.2. Technical support does not include training, consulting, on-site services, video or telephone calls or the provision of engineering judgment for a Licensee-specific simulation.

14.4.3. Technical support is provided in English, by e-mail or via-web.

14.4.4. Technical support is provided only for the then-current release as designated by Licenser of the original Software, running unaltered, and on an appropriate hardware and operating system configuration, as specified in the applicable Documentation.

14.4.5. Upon Licenser's request, Licensee shall provide information required by Licenser to verify that Licensee and the specific license are entitled to technical support.

14.4.6. To allow Licenser to properly address technical issues, Licenser may request that Licensee provide files and other materials and information.

14.5. Free Version:

14.5.1. Support provided to Free Versions shall be restricted to inquiries regarding: (i) general features, (ii) technical specifications, and (iii) licensing.

14.5.2. The limited technical support shall be provided only for the then-current release (as designated by Licenser) of the original Software, running unaltered, and on an appropriate hardware and operating system configuration, as specified in the applicable Documentation.

15. Modifications and interruptions

15.1. Licenser shall keep the right to make any changes, improvements and corrections it deems necessary of the Software hereunder without notice, as long as such change, improvement or correction does not affect the Software’s main function and does not qualify as a new product. However, Licenser has no obligation to update the Software. Licenser also reserves the right to modify or discontinue all or part of the Software without notice at any time. Licenser will not be liable to Licensee or any third party for any modification, price change, suspension, or discontinuance of the Software.

15.2. Licenser cannot guarantee the Software will be available at all times. Licenser may experience hardware, software, or other problems or need to perform maintenance related to the Software, resulting in interruptions, delays, or errors. Licenser reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Software at any time or for any reason without notice to Licensee. Licensee agree that Licenser have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Software during any downtime or discontinuance of the Software. Nothing in these Agreement will be construed to obligate us to maintain and support the Software or to supply any corrections, updates, or releases in connection therewith.

16. Other important terms

16.1. Licenser may transfer its rights and obligations under this Agreement to another organisation, but this will not affect your rights or its obligations under this Agreement.

16.2. Licensee may only transfer its rights or obligations under this Agreement to another person if Licenser agrees in writing.

16.3. This Agreement, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. Licenser and you both irrevocably agree to the exclusive jurisdiction of the courts of England and Wales.

16.4. In the event any of the terms of the Agreement is declared void because it conflicts with the applicable law, the rest of the terms and the Agreement as a whole will remain in full effect. Such invalid term will be superseded by the legal provisions.

16.5. Any amendment or modification of the Agreement shall only be made by Licenser.

16.6. No term or provision of this Agreement will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against which the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach.

16.7. Licenser may contact Licensee with relevant product information or marketing communications, such as newsletters. Such communications contains instructions how Licensee can opt-out in case Licensee does not wish to continue receiving them.

16.8. This Agreement and any other terms referenced in this Agreement represent the complete and entire Agreement between the parties regarding the subject matter hereof and supersede any and all prior proposals, Agreements, representations and understandings between the parties, whether written or oral, regarding the subject matter hereof.

16.9. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

16.10. There may be information in the Software that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information in the Software at any time, without prior notice.

16.11. Where you have subscribed for the Software on an period basis, Licenser reserves the right to amend this Agreement from time to time with such changes being notified to you and coming into effect on each renewal of the Agreement.

16.12. Sections concerning Description of other rights and limitations, Confidentiality and non-disclosure, Copyright, No warranties, Prerequisites and requirements, Limitations of liability, and Other important terms will survive the termination of this Agreement, how so ever caused, and this will not imply or create any continued right for Licensee to use the Software or any part of the Software after termination of this Agreement.