Aptakube End-User License Agreement (EULA)
Last Updated: December 29th, 2022
This End-User License Agreement ("EULA") is a legal agreement between you and Sumbit Labs Limited.
This EULA agreement governs your acquisition and use of our Aptakube software ("Software") directly from Sumbit Labs Limited or indirectly through a Sumbit Labs Limited authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Aptakube software. It provides a license to use the Aptakube software and contains warranty information and liability disclaimers.
If you register for a free trial of the Aptakube software, this EULA agreement will also govern that trial. By installing and/or using the Aptakube software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Sumbit Labs Limited herewith regardless of whether other software is referred to or described herein. The terms also apply to any Sumbit Labs Limited updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
Sumbit Labs Limited hereby grants you a personal, non-transferable, non-exclusive license to use the Aptakube software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Aptakube software (for example a PC, laptop, mobile, or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Aptakube software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute or resell the software
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- Use the Software for any purpose that Sumbit Labs Limited considers a breach of this EULA agreement
During a period of twelve (12) months upon purchasing the License Key, you are entitled to access all features and receive all updates (new Aptakube versions). In order to receive updates after this twelve month's period, you will need to renew your License Key for the Full version. If you do not renew your License Key, you will be able to continue using the latest release version of the Application at the time of your License Key expiration.
Aptakube may from time to time provide enhancements or improvements to the features/functionality of the Application, new Updates may include patches, bug fixes, updates, upgrades and other modifications.
Intellectual Property and Ownership
Sumbit Labs Limited shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Sumbit Labs Limited.
Sumbit Labs Limited reserves the right to grant licenses to use the Software to third parties.
The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Aptakube, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Aptakube provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Neither Sumbit Labs Limited nor its suppliers shall be liable to you or any third party for any indirect, special, incidental, punitive or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the use of, or inability to use, the application and based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Sumbit Labs Limited or its representatives have been advised of the possibility of such damages.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Sumbit Labs Limited.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Ireland.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.