End-User License Agreement
BY CLICKING “ACCEPT” OR “AGREE” AND/OR DOWNLOADING, INSTALLING OR USING THE REVDEBUG SOFTWARE, INCLUDING THE UPDATES (AS DEFINED IN SECTION 7 BELOW) (COLLECTIVELY, THE “SOFTWARE”) AND ALL MEDIA, MATERIALS AND DOCUMENTATION, ELECTRONIC OR PRINTED, RELATED TO THE SOFTWARE (COLLECTIVELY, “DOCUMENTATION”) YOU (AS DEFINED BELOW) AGREE TO BE BOUND BY THIS REVDEBUG END USER LICENSE AGREEMENT (THIS “AGREEMENT”) BETWEEN YOU AND “RevDeBug.com” (“LICENSOR”). THE SOFTWARE AND DOCUMENTATION IS COLLECTIVELY REFERRED TO IN THIS AGREEMENT AS THE “LICENSED MATERIALS.” IF YOU DO NOT AGREE, DO NOT INSTALL, COPY OR USE THE SOFTWARE, AND IF YOU HAVE ANY COPIES OF THE SOFTWARE IN YOUR POSSESSION OR CONTROL, YOU MUST DELETE OR DESTROY ALL OF THOSE COPIES. “You” or “Your” means the individual accepting this Agreement.
- If you download a copy of the Software without paying for a subscription, you will be entitled to use the Software only for internal evaluation purposes for a period of 30 days (“Evaluation Period”). If you purchase a subscription, you must pay in advance, and you are entitled to use the Software until the expiration of the subscription period indicated at the time of purchase (“Subscription Period”) subject to provisions 1.2. The Subscription Period starts on the day you pay the applicable fee regardless of when you download, install or start using the Software. THE SOFTWARE CONTAINS FUNCTIONALITY THAT WILL CAUSE IT TO AUTOMATICALLY CEASE OPERATING AT THE END OF THE EVALUATION PERIOD IF YOU HAVE NOT PURCHASED A SUBSCRIPTION. IF YOU PURCHASE A SUBSCRIPTION, THE SOFTWARE WILL AUTOMATICALLY CEASE OPERATING AT THE END OF THE SUBSCRIPTION PERIOD, UNLESS YOU OBTAIN AND PAY FOR ANOTHER SUBSCRIPTION PERIOD. NOTICE OF EXPIRATION WILL NOT BE PROVIDED TO YOU AND THE SOFTWARE WILL CEASE TO FUNCTION. LICENSOR IS NOT LIABLE FOR ANY WORK, INFORMATION, CONTENT OR DATA THAT IS LOST OR DAMAGED AS A RESULT OF A TERMINATION OF YOUR ABILITY TO USE THE SOFTWARE.
- Licensor also has in his offer products for which is granted a free license to install and use these products without the need to purchase a subscription.
LICENSE GRANTS. Conditioned upon your full compliance with all of the terms and conditions in this Agreement, Licensor grants to you the following licenses:
- Evaluation License. During the Evaluation Period, Licensor grants you a personal, non-exclusive, non-sublicensable, non-transferable, revocable, limited license to install and use the Software solely to evaluate it.
- Subscription License. During each Subscription Period (if any), Licensor grants you a personal, non-exclusive, non-sublicensable, non-transferable, revocable, limited license to install and use the Software on any number of devices or virtual machines owned, leased and/or controlled by you that comply with the system requirements located at revdebug.com/doc/requirements/ for your personal, commercial or non-commercial use, provided that you do not use the Software on more than one device or virtual machine at the same time.
- Documentation License. During the Evaluation Period and any Subscription Period (if any), Licensor grants you a personal, non-exclusive, non-sublicensable, non-transferable, revocable, limited license to make and use a reasonable number of copies of Documentation in connection with your use of the Software, provided that you reproduce all copyright and other proprietary notices that are on the original copies of the Documentation.
LICENSE LIMITATIONS. You will not, and will not permit any person or entity to:
- decompile, decipher, disassemble, reverse engineer or otherwise attempt to access source code of the Software, or circumvent any technical limitations in the Software that limit or restrict access to or use of the Software or any content, file, or other work, except as expressly permitted by applicable law notwithstanding this limitation;
- distribute, publish, rent, lease, lend, transfer, sublicense, disclose or otherwise provide any of the Licensed Materials to any third party;
- modify or create derivative works of any of the Licensed Materials in whole or in part;
- publish, disclose or attempt to interfere with or circumvent a restriction mechanism in the Software (e.g., mechanism that disables the Software upon expiration of the Evaluation Period or Subscription Period);
- remove any proprietary notices or labels on any of the Licensed Materials in whole or in part;
- attempt to circumvent any technical protection measures in the Software;
- use any of the Licensed Materials for commercial purposes or to violate law; or
- without limiting any of the limitations above, make any use of any portion of the Licensed Materials not expressly permitted by this Agreement.
RESERVATION OF RIGHTS AND OWNERSHIP.
- Licensor, its affiliates and its suppliers own all right, title and interest, including all intellectual property rights, in and to the Licensed Materials. Licensor reserves all rights not expressly granted to you in this Agreement. No licenses are granted by implication, estoppel, or otherwise. The Software is protected by copyright and other intellectual property laws and treatises.
- The Licensed Materials may contain or be accompanied by third party software (“Third Party Software”). Licensor is not responsible for Third Party Software which may be licensed pursuant to or under additional or different terms separate from those in this Agreement (“Third Party Terms”). You may review Third Party Terms at revdebug.com/doc/opensource_right. You acknowledge and agree that Licensor makes no representations or warranties regarding and will not be responsible for Third Party Software or your use of the Third Party Software.
- UPDATES. Licensor may, in its sole discretion, provide updates, supplements, add-on components and internet-based service components (if any) of the Software (“Update”). If Licensor provides you any Update, this Agreement will apply to the Update, unless Licensor provides you other terms along with the Update. If Licensor provides you an Update, Licensor may, at its sole discretion, require you to use the Update and cease use of earlier versions. The Software includes components that enable and use certain Internet-based services that allow Licensor to automatically provide Updates to the Software and gather usage information. The Software may automatically communicate with Licensor’s or its service provider’s servers to check for Updates and/or send usage information used to improve future Updates. You agree that Licensor and its service provider may automatically gather usage information, check the version of the Software and its components and may provide Updates to the Software that may be automatically downloaded to your device(s).
- PAYMENT OF FEES. You are responsible for pre-paying all fees for each Subscription Period as specified on Licensor’s website and any and all applicable sales or use taxes, value added taxes or other taxes and charges on the terms set forth on the website.
TERM; TERMINATION AND SUSPENSION.
- This Agreement is effective upon the earlier of you clicking “accept” or “agree” or you downloading, installing or using any of the Licensed Materials, and will continue until the end of the Evaluation Period or, if you have purchased a subscription, the end of the Subscription Period. Notwithstanding the foregoing, this Agreement will automatically terminate upon your breach of any of the provisions in this Agreement.
- Upon termination or expiration of this Agreement, all rights and licenses granted to you in this Agreement will terminate and you must immediately cease use of the Licensed Materials and destroy all copies. Notwithstanding the foregoing, you are not required to remove or cease use of any code or files that have been added to your own software programs through your use of the Software.
- Upon termination or expiration of this Agreement, the following Sections survive: 1 and 3-17.
WARRANTIES AND DISCLAIMERS.
- Limited Warranty. If you purchase a subscription, Licensor warrants that, for a period of 30 days from the first day of your first Subscription Period, the Software will perform substantially in accordance with the Documentation. If the Software fails to comply with this limited warranty, Licensor may, at its option, either (A) repair or replace the Software or (B) return the fees paid by you for the first Subscription Period. This limited warranty is void if failure of the Software results from accident, abuse, modification, misapplication, misuse, abnormal use or a virus. This warranty will apply to any replacement Software for the remainder of the original limited warranty period or 30 days, whichever period is shorter. You agree that there is no warranty if you do not purchase a subscription and that the limited warranty in this Section is your sole and exclusive warranty and remedy with respect to the Software.
- EXCEPT AS FOR THE LIMITED WARRANTY IN SECTION 8.1, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE LICENSED MATERIALS ARE PROVIDED AS IS AND WITH ALL FAULTS. LICENSOR AND ITS AFFILIATES AND THEIR SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, LACK OF VIRUSES OR BUGS, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS WITH REGARD TO THE LICENSED MATERIALS. LICENSOR AND ITS AFFILIATES AND THEIR SUPPLIERS DO NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF ALL OR ANY PORTION OF THE LICENSED MATERIALS REMAINS WITH YOU.
- INDEMNIFICATION. You agree to defend, indemnify and hold harmless Licensor and its affiliates and suppliers, and their respective officers, directors, agents and employees (“Covered Parties”) from and against any claims, charges, demands, actions, proceedings, suits, penalties, liabilities, attorney’s fees, costs, expenses, loss or damage (“Claims”) resulting from, arising out of or related to your use of all or any portion of the Licensed Materials, any breach of this Agreement, or your violation of any laws or regulations or the rights of any third party, including intellectual property rights. If any Claim is brought against a Covered Party, you will defend the Covered Party using, at your expense, legal counsel reasonably satisfactory to the Covered Party and each Covered Party will have the right to participate in the defense. You will not settle any claim or consent to any entry of judgment of any Claim without the Covered Party’s prior written consent.
EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITY.
- IN NO EVENT WILL LICENSOR OR ITS AFFILIATES OR THEIR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, DAMAGES TO ANY COMPUTER, DEVICE, OR SYSTEM, LOSS OF DATA, GOODWILL, USE OR OTHER LOSSES) ARISING OUT OF OR IN ANY WAY RELATED TO ANY OF THE LICENSED MATERIALS OR THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES OR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
- LICENSOR’S AND ITS AFFILIATES’ AND THEIR SUPPLIERS’ ENTIRE LIABILITY UNDER THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE LICENSED MATERIALS UP TO THE LESSER OF U.S. $300.00 AND THE FEES YOU PAID DURING THE 12-MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THOSE DAMAGES. NO ACTION, REGARDLESS OF FORM, RELATING TO THE LICENSED MATERIALS MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER YOU HAVE KNOWLEDGE OF THE OCCURRENCE WHICH GIVES RISE TO THE CAUSE OF ACTION.
- FEEDBACK. You have no obligation to — but may provide — suggestions, comments, or other feedback to Licensor with respect to the Licensed Materials (“Feedback”). You agree that all Feedback is given voluntarily and it is not and will not be treated as confidential even if you designate it as confidential. You will not give Feedback that is subject to license terms that seek to require any Licensor product, technology, service, or documentation incorporating or derived from Feedback, or any Licensor intellectual property, to be licensed or otherwise shared with any third party. Licensor will be free to use, disclose, reproduce, license, or otherwise distribute and exploit the Feedback provided to Licensor through any manner or means, as it sees fit, entirely without obligation to you or restriction of any kind on account of intellectual property rights or otherwise.
- AUDIT. You agree that, during the term of this Agreement and for  years thereafter, upon reasonable notice provided by Licensor to you, Licensor has the right to inspect your records and devices to verify whether you are in compliance with this Agreement.
- U.S. GOVERNMENT LICENSE RIGHTS. Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described in this Agreement. Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
- COMPLIANCE WITH LAW; EXPORT RESTRICTIONS. You will comply with all applicable international and national laws, rules and regulations that apply to the Software and your use of the Software, including the U.S. Export Administration Regulations, as well as end user, end use, and destination restrictions issued by U.S. or other governments.
- GOVERNING LAW AND JURISDICTION. This Agreement will be construed and controlled by the laws of Poland, without giving effect to its conflict of law provisions. Each party consents to exclusive jurisdiction of the courts in Warsaw, Poland, and irrevocably agrees to submit to the personal and non-exclusive jurisdiction and venue of these courts for any and all disputes, claims and actions arising from or in connection with the Licensed Materials and this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
- GENERAL. The section titles in this Agreement are used solely for the parties’ convenience and have no legal or contractual significance. Any list of examples following "including," “includes” or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely." Licensor’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. No waiver of any provision of this Agreement will be effective unless it is in a signed writing, and no waiver will constitute a waiver of any other provision(s) or of the same provision on another occasion. If a court of competent jurisdiction holds any term, covenant or restriction of this Agreement to be illegal, invalid or unenforceable, in whole or in part, the remaining terms, covenants and restrictions will remain in full force and effect and will in no way be affected, impaired or invalidated. You may not assign, transfer or sublicense this Agreement or your rights (if any) under this Agreement. Any assignment, transfer or sublicense of this Agreement by you without the prior written consent of Licensor is null and void. This Agreement will be binding upon all successors and assigns. This Agreement constitutes the entire agreement between you and Licensor with respect to the Licensed Materials and merges all prior and contemporaneous communications and proposals, whether electronic, oral or written, between you and Licensor with respect to the Licensed Materials. All notices to Licensor in connection with this Agreement must be in writing and will be deemed given as of the day they are deposited in the mail, postage prepaid, certified or registered, return receipt requested or sent by overnight courier, charges prepaid to the address set forth below.
If you have any questions about this Agreement, or want to contact Licensor in connection with any Licensed Materials, please direct all correspondence to:RevDeBug.com
Smukalska Street 33
85-565 Bydgoszcz, Poland