Please read this agreement (EULA) before you purchase a Membership.
By purchasing a Membership and using the Software, You agree, without reservation, to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, You may not use the Software.
1.1 In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:
“We”, “Us”, “Our” Wheel to Sea LLC, a Connecticut LLC;
“Documentation” the detailed information about the Software, its features and the system requirements as made available on the website of beadographer.com, as amended from time to time;
“Membership” a license for the Software for the term specified on the webpage where You purchase the license;
“Software” any software application and/or all of the contents of the files and/or other media, including designs from the library, licensed to You by Us, including any Updates;
“Updates” any modified versions and updates of, and additions to the Software;
“Use” the access, download, or use of the Software;
“You” you, the final and ultimate user of the Software.
2.1 Your Membership only permits You to Use the Software. You may not transfer your Membership to another party.
2.2 The Software is protected by the copyright laws of the U.S. and other countries; We retain all intellectual property rights in the Software. You may not separately reproduce, sell, market, distribute, lend, lease, rent, or sublicense the Software. However, this EULA is not to be construed as prohibiting or limiting any fair use sanctioned by copyright law.
2.3 In order to be able to Use the Software and receive Updates, Your computer shall have access to the Internet and shall meet the system requirements described in the Documentation.
2.4 You shall not Use the Software for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
2.5 We may modify the Software at any time at Our sole discretion and without notice to You, for example to comply with applicable laws, to avoid a third party infringement claim or to provide Updates.
2.6 You will be entitled to receive Updates free of charge for the duration of the Membership.
3.1 We have no obligation to provide maintenance, consulting, or support for Use of the Software. Any maintenance and support provided by Us will be provided on an “as is” basis without any warranty.
4.1 We warrant that the Software will provide the features and functions as generally described on Our website and in the Documentation.
4.2 We do not warrant that the software or Your ability to use it will be uninterrupted or error-free. To the extent permitted by applicable law, We disclaim any implied warranty of merchantability or fitness for a particular purpose.
4.3 Your exclusive remedy under the above limited warranty shall be, at Our option, either a full refund of the purchase price or correction of the defective software.
5.1 The liability of Us for all damages arising out of or in any way relating to Software and/or this EULA shall in no event exceed Your purchase price of the Software.
5.2 To the fullest extent permitted by applicable law, We disclaim all liability for indirect or consequential damages that arise under this EULA, (including damage for loss of profit, business interruption, loss of data, and the like) arising out of the Use or inability to Use the Software.
5.3 - The limitations of liability referred to in clauses 5.1 and 5.2 shall not apply in the event that: (i) any negligence on Our part leads to death or physical injury or (ii) damages arise from Our intent, willful misconduct or gross negligence.
7.1 This agreement will apply from the date that You purchase Membership, and will terminate upon the expiration of Your Membership.
7.2 Upon expiration of Your Membership, You shall cease all Use of the Software. This does not affect Your ability to use the free version made readily available on our website.
7.3 If any part of this EULA is found to be invalid or unenforceable, the remaining terms will stay in effect.
7.4 This EULA shall be governed by and construed in accordance with the laws of the State of Connecticut, excluding its conflicts of law rules. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in New Haven, CT, and each party consents to the jurisdiction thereof.
7.6 This EULA may be modified from time to time. We will notify you of such modifications on Our website or by using the email address used for the purchase of the Membership.