END USER LICENSE AGREEMENT FOR 'CRAX Commander'

version 5, Effective as of January 15, 2024

!!! IMPORTANT !!!! READ CAREFULLY:

THIS IS A LEGAL AGREEMENT. BY DOWNLOADING, INSTALLING, COPYING, SAVING ON YOUR COMPUTER, OR OTHERWISE USING THIS SOFTWARE, YOU (LICENSEE, AS DEFINED BELOW) ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT DOWNLOAD, INSTALL AND USE THE SOFTWARE.

GENERAL:

The Licensor of 'CRAX Commander' is Soft4U2 Marcin Słowik.

The 'CRAX Commander' Store Products made available through the FastSpring or Paddle are licensed, NOT SOLD, to you. Your license to 'CRAX Commander' Product that you obtain through the FastSpring or Paddle is subject to your prior acceptance of this 'CRAX Commander' End User License Agreement, and you agree that the terms of this 'CRAX Commander' End User License Agreement will apply to 'CRAX Commander' Product. Licensor of 'CRAX Commander' reserves all rights in and to the 'CRAX Commander' not expressly granted to you under this 'CRAX Commander' End User License Agreement.

SCOPE of LICENSE:

This license granted to you for the 'CRAX Commander' is limited to a nontransferable license to use the 'CRAX Commander' on any Apple-branded products running macOS, as applicable that you own or control. This license does not allow you to use the 'CRAX Commander' on any Apple Device that you do not own or control, and you may not distribute or make the 'CRAX Commander' available over a network.

THIS LICENSE ALLOWS YOU TO INSTALL, USE AND RUN A COPY OF 'CRAX Commander' on MAXIMUM 3 (three) APPLE-BRANDED PRODUCTS MENTIONED ABOVE.

You may not rent, lease, lend, sell, redistribute, or sublicense the 'CRAX Commander'. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the 'CRAX Commander', any updates, or any part thereof. Any attempt to do so is a violation of the rights of the Licensor. If you breach this restriction, you may be subject to prosecution and damages.

The terms of this license will govern any upgrades of 'CRAX Commander' that replace and/or supplement the original 'CRAX Commander', unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

CONSENT to USE of DATA:

You agree that Licensor of 'CRAX Commander' may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the 'CRAX Commander'. Licensor of 'CRAX Commander' may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

TERMINATION:

The license is effective until terminated by you or Licensor of 'CRAX Commander'. Your rights under this license will terminate automatically without notice from the Licensor of 'CRAX Commander' if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the 'CRAX Commander' and destroy all copies, full or partial, of the 'CRAX Commander'.

NO WARRANTY:

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE 'CRAX Commander' IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 'CRAX Commander' AND ANY SERVICES PERFORMED OR PROVIDED BY THE 'CRAX Commander' ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR OF 'CRAX Commander' DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE 'CRAX Commander', THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE 'CRAX Commander' WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE 'CRAX Commander' OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE 'CRAX Commander' OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE 'CRAX Commander' OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION of LIABILITY:

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR OF 'CRAX Commander' BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE 'CRAX Commander', HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall 'CRAX Commander' Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You may not use or otherwise export or re-export the 'CRAX Commander' except as authorized by United States law and the laws of the jurisdiction in which the 'CRAX Commander' was obtained. In particular, but without limitation, the 'CRAX Commander' may not be exported or re-exported
(a) into any U.S.-embargoed countries or
(b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.

By using the 'CRAX Commander', you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

COPYRIGHT NOTICE:

Copyright (c) 2024 Soft4U2, Krakow, Poland.

All rights reserved. Any rights not expressly granted in this License Agreement are reserved.