END USER LICENSE AGREEMENT (EULA)

PLEASE READ THESE LICENCE TERMS CAREFULLY

This Licence Agreement (Licence, or Agreement) is a legal agreement between you (Licensee or you) and Imimot Korlátolt Felelősségű Társaság, registered seat: Hungary, H-2766 Tápiószele, Jászberényi út 28. (Imimot, us, we, or us) for:

Every software product available for purchase or free download at the https://imimot.com website, and all occasional upgrades and updates to these, the data supplied with these software, and the associated media (“Software”); and
Printed materials and online OR electronic documentation (“Documentation”)

We license use of the Software and Documentation to you on the basis of this Licence. We do not sell the Software or Documentation to you. We remain the owners of the Software and Documentation at all times.

Operating system and third party software requirements: the operating system and third party software requirements necessary for the Software to perform substantially in accordance with the Documentation are listed in the Documentation of the given Software.

AGREED TERMS

1. SCOPE OF THE LICENCE

1.1 In consideration of you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable, worldwide licence to use the Software and the Documentation on the terms of this Licence for an unlimited period, and for all methods of use reasonably foreseeable at the time of providing this License.

1.2 You may:

install and use the Software for your personal purposes only:

on one computer if the Licence is a single-user licence or the Software is for single use; or
if the Licence is a multi-user or network licence, for the number of concurrent computers agreed between you and us.

provided it is used at any one time on only one computer owned or leased by you, transfer the Software from one computer to another;
provided you comply with the provisions in this Agreement, make up to 2 (two) copies of the Software for back-up purposes;
receive and use any free supplementary software code or update of the Software incorporating patches and corrections of errors as may be provided by us from time to time; and
use any Documentation in support of the permitted use of the Software as are reasonably necessary for its lawful use.

1.3 We may update or require you to update the Software, provided that the Software shall always match the description of it that we provided to you before you bought it.

1.4 The Software may be upgraded to reflect changes in the Operating System. The Software will work with the current or previous version of that Operating System (as it may be updated from time to time).

2. RESTRICTIONS

2.1 Except as expressly set out in this Licence or as permitted by applicable local law, you undertake:

not to copy the Software or Documentation, except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
not to rent, sub-license, translate, modify, the whole or any part of the Software or Documentation, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
not to de-compile, reverse engineer or create derivative works based on the whole or any part of the Software, nor attempt to do any such things, except to the extent made possible by applicable law, and provided that the information obtained by you during such activities is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the lawful objective of such de-compilation, or reverse engineering;
to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
to include our copyright notice on all entire and partial copies of the Software in any form; and
not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without our prior written consent.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 You acknowledge that all intellectual property rights in the Software and the Documentation throughout the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Software or the Documentation other than the right to use the Software and the Documentation in accordance with the terms of this Agreement.

3.2 You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in this Agreement.

3.3 We may use third party software components in the Software. We use and transfer the right to use of these components based on separate open source license agreements, and other third party license agreements with the right owners. We list the third party components used in the Software, together with the relevant copyright notices in the “About Box” of the Software, or in the relevant Documentation.

4. WARRANTY

4.1 If you are a business customer: We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of fitness for a particular purpose and non-infringement. We do not make any warranties that the Software will be error free. You understand that you use the Software at your own discretion and risk.

4.2 If you are a consumer, we warrant that

The Software will, when properly used on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documentation;
The Documentation correctly describes the operation of the Software in all material respects for a period of 24 months from the date of installation of the Software (Warranty Period).
If, within the Warranty Period, you notify us in writing of any defect or fault in the Software as a result of which it fails to perform substantially in accordance with the Documentation, we will, at our sole option, either repair or replace the Software, provided that you give us proof of purchase and make available all the information that may be necessary to help us to remedy the defect or fault, including sufficient information to enable us to recreate the defect or fault.
The warranty does not apply:

if the defect or fault in the Software results from you having altered or modified the Software;
if the defect or fault in the Software results from you having used the Software in breach of the terms of this Agreement; and
if the defect or fault in the Software results from a change in any third party software.

You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements.

5. LIMITATION OF LIABILITY IF YOU ARE A BUSINESS CUSTOMER

5.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in this License excludes or limits our liability for death or personal injury or for intentional breach of contract, or for any other liability that cannot be excluded or limited by the applicable law (see Clause 11 below).

5.2 In no event will we be liable with respect to this License under any circumstance for: (i) any special, incidental or consequential damage; (ii) the cost of procurement for substitute products or services; (iii) interruption of use or loss or corruption of data; and (iv) any amounts that exceed the greater of (a) fees paid by you to us in relation to this License during the twelve (12) month period prior to the cause of action, or (b) EUR 500. We shall have no liability for any failure or delay due to matters beyond our reasonable control.

5.3 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements.

5.4 This Clause 5 shall survive termination or expiry of this License.

6. LIMITATION OF LIABILITY IF YOU ARE A CONSUMER

6.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in this License excludes or limits our liability for death or personal injury or for intentional breach of contract, or for any other liability that cannot be excluded or limited by the applicable law (see Clause 11 below).

6.2 If we fail to comply with this License, we are responsible for loss or damage you suffer that is a foreseeable result of our intentional breach of this License.

6.3 You agree that you shall be responsible to us for any losses that we suffer as a consequence of any breach by you of this License.

6.4 If you use the Software for any commercial, business or re-sale purposes then:

you will be in breach of this License; and
we will have no liability towards you for any loss related to this use, including loss of profit, loss of business, business interruption or loss of business opportunity.

6.5 If the Software is defective and as a result the Software damages a device or digital content belonging to you, and this is attributable to us, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge, or for damage which was caused by you failing to correctly follow installation instructions, or to have in place the minimum system requirements as advised by us.

6.6 Our aggregate liability to you in respect of any loss or damage suffered and arising out of or in connection with this License in any way shall not exceed an amount equal to the greater of (i) fees paid by you to us in relation to this License during the twelve (12) month period prior to the cause of action, or (ii) EUR 1,000.

6.7 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documentation meet your requirements.

6.8 This Clause 6 shall survive termination or expiry of this License.

7. TERMINATION

7.1 We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within fourteen (14) days after the service of a written notice requiring you to do so.

7.2 Upon termination for any reason:

all rights granted to you under this Licence shall cease;
you must cease all activities authorised by this Licence; and
you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to us (at our option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.

8. COMMUNICATIONS BETWEEN US

8.1 If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, send this to us by email to mail@imimot.com or by pre-paid post to our registered seat. We will confirm receipt of this by contacting you in writing, normally by email.

8.2 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide or confirm to us.

9. HOW WE MAY USE YOUR PERSONAL INFORMATION

9.1 We will only use your personal information as set out in our privacy policy https://imimot.com/legalandpolicies/.

10. OTHER IMPORTANT TERMS

10.1 We may transfer our rights and obligations under this Licence to another organisation, for example in the case of the sale of our business our assets, or in case of a merger or acquisition. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under this License.

10.2 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.

10.3 If any court or relevant authority decides that any of the terms in this License are unlawful, the remaining provisions will remain in full force and effect.

10.4 If we do not insist immediately that you do anything you are required to do under this License, or if we delay in taking steps against you in respect of your breaking this License, that will not mean that you do not have to do those things, and it will not prevent us taking steps against you at a later date.

11. WHICH LAWS APPLY TO THIS AGREEMENT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

11.1 This Agreement (and any further rules, policies, or guidelines incorporated by reference), and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with the laws of Hungary.

11.2 Each party irrevocably agrees that the courts of Hungary shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims). However, if you are a consumer you may have the right to claim jurisdiction in the country in which you reside.

BY DOWNLOADING OUR SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, DO NOT DOWNLOAD OUR SOFTWARE.