End-User License Agreement of EyeHarp

This End-User License Agreement (“EULA”) is a legal agreement between You and Associación EyeHarp

Please read this EULA agreement carefully before completing the installation process and using the EyeHarp software. It provides a license to use the EyeHarp software (“Software”) and contains warranty information and liability disclaimers.

By purchasing a License Key and/or downloading and using EyeHarp, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a License Key and/or download and use EyeHarp.

If You register for a free trial of the EyeHarp software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the 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 Associación EyeHarp herewith regardless of whether other software is referred to or described herein. The terms also apply to any EyeHarp updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

Definitions

In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

• “Activate” registering the full, premium version of the Software with the License Key provided by Associación EyeHarp;
• “Full version” the license for EyeHarp premium for the term specified on the webpage of the store where You purchase the license, or in any applicable agreement concerning the purchase of the license (as stand-alone product or as part of a subscription) to Use EyeHarp;
• “License Key” an unique code provided by Associación EyeHarp, which enables You to activate the Full version by entering the code into EyeHarp activation page and to subsequently use EyeHarp during the applicable license term;
• “Associación EyeHarp” Associación EyeHarp, C Perea 1, Planta 7, Puerta 1 08035 Barcelona, Spain with VAT number G67446393;
• “EyeHarp” any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Associación EyeHarp, including any Updates;
• “Updates” any modified versions and updates of, and additions to EyeHarp;
• “Use” the access, download, install, copy or get benefit from using EyeHarp in accordance with the documentation;
• “You” the final and ultimate user of EyeHarp or the authorized representative of a company or other legal entity that will be the final and ultimate user of the EyeHarp, and the company or other legal entity that will be the final and ultimate user of the EyeHarp, if applicable.

License Grant

Associación EyeHarp hereby grants You a personal, non-transferable, non-exclusive license to use the EyeHarp software on Your devices in accordance with the terms of this EULA agreement.

You are permitted to load the EyeHarp 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 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 Associación EyeHarp considers is a breach of this EULA agreement.

Your Account and Use of the Service or Software

It is required that You create an account in order to receive an activation key that enables You to use EyeHarp on Your computer. You agree not to impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity, including using another person’s username, password or other account information. You are responsible for the security of Your password and for any use of Your account.

If there is a fee associated with Your use of EyeHarp, You agree to pay that fee. The fee charged excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Associación EyeHarp may suspend or cancel Your access to EyeHarp if Associación EyeHarp does not receive payment from You. Suspension or cancellation for non-payment may result in a loss of access to and use of Your account.

To pay any fees, You will be asked to provide a payment method at the time You sign up with Associación EyeHarp. You agree to keep Your billing account information current at all times. By providing Associación EyeHarp with Your payment method, You (a) represent that You are authorized to use the payment method that You provided and that any payment information You provide is true and accurate; and (b) authorize Associación EyeHarp to charge You using Your payment method and to charge You for any paid feature that You choose to sign up for or use while this Agreement is in effect. You acknowledge and agree that Associación EyeHarp may bill You on a recurring basis for Services that You purchase on a subscription basis.

Associación EyeHarp may change the price it charges for the Services at any time and will notify You in advance of such changes. If You do not agree to the price change, You must cancel and stop using EyeHarp before the price change takes effect. Unless otherwise provided by law or by a particular offer, all purchases are final and non-refundable.

Intellectual Property and Ownership

Associación EyeHarp 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 Associación EyeHarp.

Associación EyeHarp reserves the right to grant licenses to use the Software to third parties.

Permitted use and restrictions

In order to be able to install EyeHarp and receive Updates and upgrades, Your computer shall have access to the Internet and shall meet the system requirements described in the documentation that can be found on the webpage:
https://www.eyeharp.org/

Maintenance and support

Associación EyeHarp will notify You of any available Updates and upgrades.

You will be entitled to receive Updates free of charge during the period of the purchased License Key for the Full version (monthly, yearly, or lifetime). In the case of monthly and yearly periods, in order to receive Updates after the period ends, You will need to renew Your License Key for the Full version.

You can download available Updates and upgrades from the website of EyeHarp.

Any maintenance and support provided by Associación EyeHarp, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.

Disclaimer

You use EyeHarp at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.

EyeHarp and accompanying documentation are provided on an “as is” and “as available” basis without warranty – express or implied – of any kind, and Associación EyeHarp specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Associación EyeHarp shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.

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 Associación EyeHarp.

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.

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 Spain.