END USER LICENSE AGREEMENT

END USER LICENSE AGREEMENT

Please read this End-User License Agreement carefully before downloading or using our Product.


By purchasing the Product, the Customer acknowledges that they have read this Agreement, agree to the content of the Agreement and its terms, and agree to use the Product in compliance with this Agreement.

LICENSE

  1. License. atmosol grants the Customer a non-exclusive and non-transferable license to use the Product without the rights to sublicense and as further stipulated under this Agreement (the “License”). The Product is provided as of the available version at the moment of purchase. The Customer shall be entitled only to those rights concerning the Product expressly granted under this Agreement.
    • Number of Installations. The Agreement entitles the Customer to use a single copy of the Product on a single installation, solely for personal or business use. A separate software license must be obtained for each installation.
    • Pre-conditions. The License rights shall take effect after the License Fee and/or Subscription Fee, if the Product is provided on a subscription model, is received by atmosol. By receiving and opening the file package and/or using any Product produced, licensed or sold by atmosol, the Customer agrees that this Agreement is a legally binding and valid contract and agrees to be bound by it. The Customer agrees to abide by the applicable intellectual property and other relevant laws and all of the terms and conditions of this Agreement.

  1. Restrictions. One copy of the Product transferred under this Agreement is licensed, not sold, and the Customer receives no title to or ownership of any copy of the Product itself. Furthermore, the Customer receives no rights to the Product other than those specifically granted in Clause 1 above. Without limiting the generality of the foregoing, the Customer shall not:
    • modify or create derivative works from the Product, except where it is done for personal use or business needs only and in respect of single installation;
    • assign, sell, sublicense, rent, lease or distribute the Product (or any portion thereof) in any other way to any third parties;
    • reverse engineer, decompile, disassemble, or otherwise attempt to derive any of the Product’s source code, except where it is done for personal use or business needs only and in respect of single installation;
    • modify, make error correction, translate, or create derivative works from the Product, incorporate the Product (or any portion thereof) into or with other software, always subject to additional License and License Fee for each installation; remove any Product identification, proprietary, copyright or other notices contained in the Product;
    • install the same copy of the Product on more than one installation.

FEES AND PAYMENTS

  1. Fees. The Customer shall pay to atmosol depending on the intended use of the Product and Services:

    • License Fee (a one-time payment (fee) for the License as described above. The License does not include the provision of any Maintenance and Support Services and other Services indicated on the website atmosol.com or agreed between the parties, including any upgrades to the Product. A support fee must be paid separately to use the Services;
    • “Support Fee” – a periodic fee for the provision of the Services for a period as agreed between the Parties;
    • “Subscription Fee” – a periodic payment for the License to Product and receive Product upgrades. The end of the Subscription period terminates the right to use the Software (License) and the provision of any upgrades.

  2. Payments. The License Fee shall be paid before the Product is downloaded. When the Product is provided on a subscription model, payment for the first subscription period shall be made before the Product is downloaded. Payments for any subsequent subscription periods shall be made not later than on the last day of every subscription period.

WARRANTY AND UPDATES

  1. Limited Warranty. To the extent permitted by applicable law, the Product is provided to the Customer “AS IS” without any warranty, express or implied, that the Product usage will be uninterrupted and that all errors have been or can be eliminated from the Product. The sole liability of atmosol (and the exclusive remedy of the Customer) for any breach of this warranty shall be, in the sole discretion of atmosol, to use commercially reasonable efforts to provide the Customer with an error correction or workaround that corrects the reported nonconformity or if atmosol determines such remedies to be impracticable within a reasonable period, to terminate the Agreement and refund License Fee and/or Subscription Fee for the remainder of the subscription period. The above warranty excludes defects resulting from accidents, abuse, unauthorized repair, modifications or enhancements, or misapplication.

  2. Warranty Exceptions. The limited warranty provided shall not apply (and atmosol shall have no liability) to warranty claims arising out of or relating to:

    • a modification of the Product made by anyone other than atmosol;
    • defects in the Product due to accident, abuse or improper use by the Customer;
    • the Product being incompatible with the Customer’s other hardware or software etc.
  3. Updates. All updates, including technical updates and feature updates, shall be provided as part of an active Product subscription. To avoid doubt, atmosol does not warrant lifetime support for its Products.

LIABILITY AND USE OF DATA

  1. Liability. In no event (including, without limitation, in the event of negligence) will atmosol, its employees, agents, or distributors be liable for any consequential, incidental, indirect, special, or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, the Product or the use or inability to use the Product, performance or use of any other matters hereunder whether based upon contract or any other theory including negligence. atmosol shall not be liable for any prosecution arising from using the Product against the law or for any illegal use.

  2. Use of Data. The information on collecting and processing Customer data is provided in atmosol’s Privacy Policy. The Customer must read the Privacy Policy before downloading and using the Product. If you disagree with the terms of the Privacy Policy, do not download or use the Product.

TERMINATION

  1. Terminate. atmosol may terminate this Agreement for any reason or no reason at its sole discretion. Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of the License, in which case the Customer shall immediately cease use of the product and destroy all copies of the Product supplied under this Agreement. Such termination shall not oblige atmosol to return any amounts received from the Customer under the Agreement.
    • The Customer shall be entitled to terminate this Agreement at any point by destroying all copies of the Product. If the Product is provided on a subscription model, the Customer shall also unsubscribe from using the Product.

    • The financial obligations incurred by the Customer shall survive the expiration or termination of the License.

MISCELLANEOUS

  1. Notices. Notices to the Customer under this Agreement shall be sent to the addressees indicated by the Customer when purchasing the Product, to the registered addresses, or to such others as the Customer may provide in writing. Notices to the Vendor under this Agreement shall be sent to the addressees indicated by the Vendor on the website atmosol.com, to the registered addresses, or such others as either party may provide in writing. Such notices will be deemed received at such addresses upon the earlier of (a) actual receipt or (b) delivery in person, by email with confirmation of receipt, or by certified mail return receipt requested. We reserve the right to send notices following the Customer’s purchase of the Product and any other critical updates related to Product use.

  2. Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.

  3. Assignment. The Customer may not assign this Agreement or any of its rights or obligations hereunder without the express written consent of atmosol.

  4. Severability. To the extent permitted by the applicable laws, the parties waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. Suppose a provision of this Agreement is held to be invalid or otherwise unenforceable. In that case, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by the applicable laws, and the remaining provisions of this Agreement will continue in full force and effect.

  5. No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.

Continued use of the products by atmosol constitutes your agreement to contractual terms. Should you have any questions about the EULA, contact us.