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End-User License Agreement (EULA) of HAYWOOD Digital Tools

This End-User License Agreement (“EULA”) is a legal agreement between you (“user/customer”) and HAYWOOD Digital Tools (“we/owner”).

This EULA agreement governs your acquisition and use of any Digital Tool (“software”) built by HAYWOOD Digital Tools and activated through the “Single active license key” or the “7 day free trial license key”, directly from HAYWOOD Digital Tools or indirectly through a HAYWOOD Digital Tools authorized reseller or distributor (a “reseller”). The reseller might have additional license agreements which will supplement this EULA.

Please read this EULA agreement carefully before completing the installation process and using our software. It provides a license to use the HAYWOOD Digital Tools software and contains warranty information and liability disclaimers.

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

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

This EULA agreement shall apply only to the Software supplied by HAYWOOD Digital Tools herewith regardless of whether other software is referred to or described herein. The terms also apply to any HAYWOOD Digital Tools updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.


License Grant

HAYWOOD Digital Tools hereby grants you a non-transferable, non-exclusive licence to use the HAYWOOD Digital Tools software on one device in accordance with the terms of this EULA agreement. There are no restrictions for Users in terms of being Consumers or Business Users.

To use the software key, the user must register or create a customer account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the license key. Users are responsible for keeping their login credentials confidential and safe. For this reason, users are also required to choose passwords that meet the highest standards of strength permitted by the store registration service.

Users can terminate their account and stop using the software at any time by directly contacting the owner through the contact options available on the store page. The owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, user accounts which it deems inappropriate, offensive or in violation of these terms. The suspension or deletion of user accounts shall not entitle users to any claims for compensation, damages or reimbursement.

By acquiring either a “Single active license key” or the “7 day free trial license key” you are permitted to use the HAYWOOD Digital Tools software you baught, on one device at a time. You are responsible for ensuring your device meets the minimum requirements of the HAYWOOD Digital Tools 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, resell or otherwise use the Software for any commercial purpose
  • 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 HAYWOOD Digital Tools considers is a breach of this EULA agreement

The owner reserves the right to release updates, fixes and further developments of the software and to provide them to user for free. Users may need to download and install such updates to continue using the software. New releases may only be available against payment of a fee. Prices, descriptions or availability of the software are outlined in the respective product pages of the store and are subject to change without notice.


Intellectual Property and Ownership

HAYWOOD Digital Tools 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 HAYWOOD Digital Tools.
HAYWOOD Digital Tools reserves the right to grant licences to use the Software to third parties.


Termination

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 HAYWOOD Digital Tools.

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.

In the event this EULA is terminated, you must cease use of the Software and destroy all copies of the Software. No refund will be given. The disclaimer of warranties will persist beyond termination.


Disclaimer of Warranties

The “Software” is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties – whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.


Governing Law

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 Germany.


Changes

We reserve the right, at our sole discretion, to modify or replace this EULA at any time. If a revision is material we will ask you to accept the new terms prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Software.

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Don´t want to do things yourself? Check out our design, film and development services at: HAYWOOD Digital Studio

Plugin Development Service

If you want us to built your own plugin, contact us here.