This Agreement is a legal agreement between you (either an individual or legal entity) and Apptorium Marcin Krzywonos, a company established and existing under the laws of Poland (hereinafter: “Apptorium”) for the use of the SideNotes application.
The SideNotes application, together with all materials included in or distributed through it (hereinafter collectively: “SideNotes”), is licensed, not sold, to you by Apptorium. Apptorium reserves all rights not expressly granted to you within this Agreement.
By downloading, installing, copying or otherwise using all or any portion of SideNotes you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, do not use SideNotes software.
By agreeing to this License Agreement you irrevocably waive any rights under previous license agreements for SideNotes and unconditionally accept that your license for the use of current and previous copies of the SideNotes software shall be exclusively governed by the terms and conditions of this Agreement.
Apptorium hereby grants you a personal, non-transferable, non-exclusive licence to use the SideNotes software on your devices in accordance with the terms of this EULA agreement.
This License grants you the right to activate and use SideNotes on two computers, used by one and the same person. This License does not allow multiple users to use SideNotes on multiple computers.
You are permitted to load the SideNotes software under your control. You are responsible for ensuring your device meets the minimum requirements of the SideNotes software.
Copyright and other intellectual, industrial and/or proprietary rights to SideNotes and to any whole or partial copies that you make are owned by Apptorium or its licensors. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of SideNotes.
Any License to use SideNotes granted to you under this Agreement is limited to the current major release of SideNotes exclusively. Apptorium will at its sole discretion decide when a version of SideNotes will be considered a new major release. Apptorium reserves the right to change the terms of this agreement in any future major or minor release of SideNotes.
Apptorium does not warrant that SideNotes operates on the computer you intend SideNotes to be used on and you shall be solely responsible for obtaining a computer compatible with SideNotes. Apptorium is providing you SideNotes on an ‘as-is’ basis without warranty of any kind. Apptorium does not and cannot warrant the performance or results you may obtain using SideNotes, or that SideNotes operates error free.
To the maximum extent permitted by applicable law, Apptorium is not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise – including in each case, but not limited to damages rising from inability to use SideNotes or access data, loss of data, loss of business, loss of profits, business interruptions or the like – arising out of the use or inability to use SideNotes even if Apptorium has been advised of the possibility of such damages. Notwithstanding the above, or anything else contained in this Agreement, neither party’s liability for death or personal injury resulting from its own negligence shall be limited. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
The SideNotes requires online activation in order to use it. If you do not activate your copy of SideNotes, all of or part of the functionality of your copy of SideNotes will disable automatically 7 (the number of days might be changed by Apptorium) days after you first run it.
You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of SideNotes. Your licensed use of SideNotes is bound to the computer(s) you used to complete activation. You may need to reactivate your copy of SideNotes after replacing the logic board or otherwise changing the hardware configuration of your computer. You may need to contact Apptorium to complete reactivation.
SideNotes may make use of third party software. Notwithstanding the foregoing, use of some third party materials included in SideNotes software may be subject to other terms and conditions. The official copyright notices and specific license conditions of this third party software are to be found via the “About” window of SideNotes or can be emailed to you upon request. You hereby agree to the terms and conditions for such third party software.
This Agreement is effective until terminated. Without prejudice to any other rights, Apptorium may immediately terminate this Agreement if you fail to comply with any of the terms and conditions set out in this Agreement. In such event you must cease all use of SideNotes and delete all copies of SideNotes that are in your possession.
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 Poland.