End-User License Agreement (EULA) of VectorStyler

IMPORTANT: THIS IS A PRODUCT LICENSE, NOT A SALE

This EULA agreement governs your acquisition and use of our VectorStyler software (“Software”) directly from NumericPath or indirectly through a NumericPath authorized reseller or distributor.

Please read this End User License Agreement (“EULA”) carefully before clicking the “I Agree” button, or checking the boxes required for the download or license purchase of vectorStyer. If You agree with the license, click the “I Agree” button at the bottom of the page. In case You cannot accept the license, please refrain from downloading, purchasing or using VectorStyler.

This End-User License Agreement (“EULA”) is a legal agreement between you and NumericPath

1. Definitions

You agree with the meaning of the following terms and definitions used in this EULA, unless otherwise stated explicitly.

• “Activate”: The act of purchasing a valid license key from NumericPath and registering VectorStyler using the license key provided by NumericPath.
• “Beta” and “Beta version”: A license of VectorStyler obtained for a limited time specific to the beta testing period of the Software, for the sole purpose of evaluating and testing VectorStyler. The beta version automatically expires after the beta period, and cannot be used or modified to be usable after this time. The Beta version cannot be licensed.
• “Content”: Defined as any content, text, documents, fonts, graphics, images, video, footage, audio, media files, data, templates, clipart, photographs, names, images, trademarks, links, or similar.
• “Documentation”: The detailed documentation of VectorStyler is available online on the www.vectorstyler.com page. The documentation may be incomplete at any given time and it will be continuously updated.
• “Full version”: A version of VectorStyler that has been licensed using a valid license key resulting from a purchase.
• “License Key”: A unique code assigned to a valid product purchase provided by NumericPath to the purchaser of the license by email. The license key can be used to activate a Trial version of VectorStyler. The license key is uniquely assigned to You the purchaser and cannot shared or transferred to other entities or persons. The license key represents the right to use a license of VectorStyler, and to get updates for a limited period of time.
• “NumericPath”: The company (legal entity) selling the license to You.
• “Product”: Any software application or program, and/or all of the contents of the files and/or other media, including software setup files, including its updates, licensed to You by NumericPath.
• “Seat”: The number of “Seats” of VectorStyler purchased refers to the number of computers You are allowed to install VectorStyler simultaneously. A typical one Seat purchase allows a single computer to be used by a single user at a time.
• “Software”: Any software application or program, and/or all of the contents of the files and/or other media, including software setup files, including its updates, licensed to You by NumericPath. In the present License Agreement, Software may also refer to the VectorStyler software product.
• “Trial” and “Trial version”: A license of VectorStyler obtained for a limited time of 30 days from NumericPath, for the sole purpose of evaluating and testing VectorStyler. The trial version automatically expires after the limited time of 30 days, and cannot be used or modified to be usable after this time.
• “Updates”: Any modified or improved versions of VectorStyler that are provided in future by NumericPath.
• “Use”: the access, download, install, copy or get benefit from using the Software in accordance with the documentation.
• “You”: You a person or a legal entity, 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.

2. Scope

2.1. This EULA takes effect from the moment You download a Beta, Trial or Full version of the Software, or you purchase a License Key.

2.2. This EULA will continue to be in force until the expiry or termination of the Full version or Trial version.

2.3. The duration of a valid license consists of two parts:

• A twelve (12) month period while You are entitled to free updates and upgrades of the product.
• An indefinite period (following the first twelve months) of perpetual licensing of the last version You were entitled to from the first twelve (12) month period.

2.4. The “License” and the act of “Licensing” the Software refers to the agreement between You and NumericPath subject to which You are licensed to install and use the Software under the conditions of this Agreement.

2.5. No rights in the Software are sold to You. Your right is solely to use the Software within the terms of this License Agreement. All rights not expressly granted to You are reserved to NumericPath or its suppliers.

2.6. Any 3rd party components of the Software that may have a different licensing terms are listed in the Licenses.rtf file provided with the Software.

2.7. The Software is protected by international copyright and patent laws. All title and intellectual property rights, including copyright, in the Software are owned by NumericPath or its suppliers.

2.8. This License will terminate automatically on any material breach by You of its terms.

2.9. If you register for a free Trial of the VectorStyler software, this EULA agreement will also govern that trial. By clicking “I Agree” or installing and/or using the VectorStyler software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

3. License

3.1. This License Agreement applies to any purchases or downloads made by You from NumericPath or its product sites like www.vectorstyler.com. By downloading or purchasing a product from NumericPath, you enter into a mutual agreement with NumericPath governed by this license. The License Agreement may be modified and updated at any time by NumericPath, and these modifications take effect on the software products of NumericPath from the time they are published.

3.2. By this License Agreement NumericPath grants You a non-exclusive, non-transferable, revocable, limited License to download, install and use VectorStyler strictly in accordance with the terms of this Agreement. NumericPath reserves all rights not expressly granted to You.

3.3. NumericPath is and remains the sole owner of any intellectual property rights with respect to the Software. You are not granted any ownership as a result of Your purchase of one or more Licenses for the use of the Software.

3.4. You are allowed to make backup copies of the License Key and the downloaded VectorStyler product for your own use only. The backup copies should not be accessible by non-licensing entities.

3.5. The License allows You to use the product for an unlimited time, and to receive free upgrades of new versions for at least one year or until version 2.

3.6. You must use a valid License Key purchased from NumericPath to activate VectorStyler to enable a valid licensed use of the Software. The activation process must be done using a computer with a working internet connection.

3.7. Various specific types of Licensing Agreements may be used by NumericPath to license the Software for specific groups of customers, such as Students, Educators, Schools, Institutions, Businesses. Such licenses are not separable or transferable to other groups.

4. Restrictions

4.1. You agree not to rent, lease, lend, sell, transfer, redistribute, or sublicense the Software.

4.2. The license must be activated using a valid purchased License Key on a computer with an installed VectorStyler trial or download product. The computer shall have Internet connection to validate the License Key with the VectorStyler license server.

4.3. The license grants You the right to use the Software on one or more computers depending on the type of your purchase. A single user license can be used to install VectorStyler on multiple personal computers, used by You or your family members. For multiple seat licenses, the number of Seats purchased determines the maximum number of simultaneous installations You are allowed to make of the Software.

4.4. You shall not intervene in or impede the interaction between VectorStyler and its license server in the process of registration or verification of the License Key.

4.5. You are not allowed to share, distribute or publish the License Key. In case where a License Key is made public in any form or by any cause, NumericPath retains the right to revoke the License Key and provide You with a new valid License Key free of charge. In the case of repeated License Key renewals by such causes, NumericPath retains the right to completely revoke the License.

4.6. You shall not use the Trial or the Full version of the Software for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity.

4.7. You shall not submit to NumericPath or VectorStyler support system any material or content that is objectionable, unlawful or outside of the scope of supporting VectorStyler.

4.8. You shall not delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the Software.

4.9. You shall not 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.

4.10. You are not permitted to run, or allow to be run, the Software over a network, distributed platform, or any other means by which it can be used simultaneously on more than one computer, or by more than one user.

4.11. You shall comply with all laws and regulations when downloading, installing and using the Software, including any laws and regulations specific to your location of download.

4.12. You must not use the Software in any way to publish or transmit any illegal or objectionable content or links to such content, nor to infringe the rights (including intellectual property rights) of any third party, including in submitting content to NumericPath support or public Forums.

5. Liability limitation

5.1. The liability of NumericPath and any third party that has been involved in the creation, production, or distribution of the Software for all or any damages arising out of or in any way relating to the License version, the Trial version, the License Key, the Software and/or this EULA shall in no event exceed the total amount payed for the License.

5.2. NumericPath and any third party that has been involved in the creation, production, or distribution of the Software are under no circumstances liable for consequential or indirect damages related to the use of the Software, including damage for loss of profit, business interruption, loss of data, and the like.

5.3. In any case of liability disputes, the intellectual properties of NumericPath or its suppliers are not and cannot be subject of demands. NumericPath and its suppliers retain and own their rights to their intellectual property.

5.4. NumericPath or its suppliers may at any time decide to stop supporting and to discontinue the delivery of the Software for a selected group of customers or the entirety of its customer base. In case of a discontinued Software product, the usage of the already licensed versions of the Software can continue under the conditions of the existing license.

5.5. NumericPath or its suppliers make no claim that the Software the suitable, correct, and can be used uninterrupted without errors or failures.

5.6. NumericPath or its suppliers make no claim that the Software will continue to be made available or maintained or supported or that any defects will be corrected.

5.7. NumericPath or its suppliers make no claim that the Software is compatible with any 3rd party software, 3rd party services, or 3rd file formats.

5.8. Any maintenance and support provided by NumericPath and its suppliers, including the provision of updates and/or 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.

5.9. NumericPath or its suppliers make no guarantees that the amount of support provided for the Software through email and/or the public Forum will be sufficient for You.

5.10. The Software is supplied to You “as is” and “as available” with any and all faults and defects and without any warranties by NumericPath or its suppliers of any kind.

5.11. It is Your responsibility to evaluate the Software during the 30 day limited Trial period, and determine the suitability of the Software for You.

6. Use of Data

6.1. NumericPath may collect a limited amount of data on the use of its Software. Any such data collection must be clearly stated and kept up to date by NumericPath in this license agreement.

6.2. The data collected by NumericPath is as follows:

• The email address provided when downloading Beta, Trial or Full versions of the Software.
• The name, email address and postal address provided at the purchase of the Software, to identify valid purchases and detect fraudulent activities.
• The name and email address of the user provided at the registration of the Software.
• The License Key associated with the user name and email address.
• The time of registration of the Software.
• If a license is revoked, NumericPath stores the time, license key and the reason of revoking the license.

6.3. The web site of NumericPath presenting the Software may use browser cookies for the following reasons:

• To store the acceptance or declining of the license agreement by You.
• To comply with location requirements for payment processing and taxation.
• To collect anonymised data using Google Analytics on the use of the website.

6.4. The collected data can be used by NumericPath solely for the purpose of improving the Software and in ensuring the conditions of the License Agreement.

6.5. NumericPath will not transfer the collected data to 3rd parties for any purpose except in the cases of: assisting law enforcement, change of ownership of NumericPath.

6.6. NumericPath must comply with current laws and regulations in processing the data collected by the users.

6.7. Any information or data voluntarily submitted by You to the support system and public forum of NumericPath will be publicly available for all users and non-users. NumericPath will use the information and data submitted by You to improve the Software.

6.8. For any ideas of improvements or new features for the Software submitted by You to the support or public Forums of NumericPath or the Software, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferable license to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback.

6.9. Title and intellectual property rights in and to any Content displayed by or accessed through the Software belongs to the respective Content owner. Such Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such Content. Except as otherwise provided herein, the License Agreement does not grant you any rights to use such Content nor does it guarantee that such Content will continue to be available to you.

7. Disclaimer and Termination

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 NumericPath specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by NumericPath, its dealers, distributors, suppliers, 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.

7.3. NumericPath reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

7.4. 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.

7.5. NumericPath is entitled to terminate the Full version or Trial version by revoking 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 (subscription) fee for the License Key within the applicable payment term, or in the event NumericPath is required to do so by law or an order of an applicable court.

7.6. Upon termination of the Full version or Trial version, You shall cease all use of the Software and shall delete all copies including backup copies thereof.

7.7. 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.

7.8. A limited refund period of fifteen (15) days after the purchase are available for You to claim a refund. A refund is claimed by contacting payments@vectorstyler.com and describing the reason for the refund and the payment date and details. NumericPath will issue a refund at the earliest moment technically possible, without conditions within this fifteen (15) day period, subject to the availability of valid payment information. Once a purchase is refunded, the associated License Key is revoked immediately. NumericPath retains the right to limit your future purchases of the Software, in function of past refunds or chargebacks.

8. Governing law and disputes

8.1. This EULA shall be governed by and construed in accordance with the laws of Finland, excluding its conflicts of law rules.

8.2. Any dispute between NumericPath and You shall exclusively be submitted to the competent court in Helsinki, Finland.

8.3. The subject of the dispute is limited by the amount payed in the transaction of the purchase of a Software License Key.

8.4. If any court or competent authority finds that any provision of this License (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this License shall not be affected. In any such instance NumericPath retains the right to terminate the license and revoke the License Key if deemed necessary.

8.5. You may not initiate or participate in any Class Actions disputes against NumericPath. Any disputes between You and NumericPath must be resolved on an individual base.