Terms and conditions of use

Terms and conditions of use and End User License Agreement

Terms and Conditions

END-USER LICENSE AGREEMENT (EULA) for “SKYDEC” which collectively with all its applications, resources and web links hosted by MDF Solutions, Ltd. are referred to as SOFTWARE PRODUCT. PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH REGISTRATION: MDF Solutions, Ltd. (MDF) is the "LICENSER" of the SOFTWARE PRODUCT and is provided to you (SUBSCRIBER) on a SOFTWARE-AS-A-SERVICE model. This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity, hereafter referred to as SUBSCRIBER) and LICENSER for the software product(s) identified above which may include associated software components, web links, resources, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT") delivered to you over the Internet. By registering for or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and licenser, and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not register for or use the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE. The SOFTWARE PRODUCT is licensed as follows:

(a) Installation and Use. LICENSER grants SUBSCRIBER the right to install, if applicable, and use copies of the SOFTWARE PRODUCT on your computer running a validly licensed copy of the operating system for which the SOFTWARE PRODUCT was designed [e.g., Windows 7, Windows 8, Windows 10, macOS, Chrome OS, iOS, Android]. (b) Backup Copies. You may not make copies of the SOFTWARE PRODUCT. You can request a copy of your data as may be necessary for backup and archival purposes. (b) This grant is made under the express condition that you are aware of, comply with or adhere to locally prevailing laws.

2. Payment Methods.

If you sign up for your subscription or membership through us and are billed by us, then the billing terms described below will apply to your subscription or membership.

1. If we are unable to process your payment using your designated payment method, we reserve the right to charge any payment method we have on file for you.

2. If you purchase a subscription or start a free trial for a subscription, your subscription will automatically continue, and you authorize us (without further notice, unless required by applicable law) to collect the then-applicable periodic subscription fee including any taxes, using any payment method we have on file for you.

3. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE PERIODIC SUBSCRIPTION FEE INCLUDING ANY TAXES, USING ANY PAYMENT METHOD WE HAVE ON FILE FOR YOU.

4. If all payment methods we have on file for you are declined for payment of your subscription fee, your subscription will be cancelled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original billing date and not the date of the successful charge. You can use "Your Account" settings to update your designated payment method(s).

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT. (b) Distribution. You may not distribute registered copies of the SOFTWARE PRODUCT to third parties. Evaluation versions available from LICENSER by contacting them in writing may be freely distributed. (c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (d) Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. (e) Support Services. LICENSER may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. (f) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT. (g) No refunds. Once the subscription (monthly or annual) has been paid, LICENSER will not be liable for refunds under any circumstances. LICENSER at its sole discretion may offer a trial period which will not exceed 2 weeks for evaluation purposes. LICENSER is under no obligation to store, save or provide backup of data created with a Trial version.

4. TERMINATION

Without prejudice to any other rights, LICENSER may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.

5. COPYRIGHT

All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by LICENSER or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by LICENSER.

6. NO WARRANTIES

LICENSER expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT, ANY SERVICES, CONFIDENTIAL INFORMATION and any other technology or materials provided by LICENSOR to you as SUBSCRIBER are provided “as is” and without WARRANTY of any kind. LICENSER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NEITHER LICENSER (NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS OR LICENSORS) WARRANTS OR REPRESENTS THAT THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACY, DATA, CONFIDENTIAL INFORMATION, AND PROPERTY, including but not limited to any warranties of merchantability, no infringement, or fitness of a particular purpose. LICENSER does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics and links or other items contained within the SOFTWARE PRODUCT. LICENSER makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. LICENSER further expressly disclaims any warranty or representation to authorized users or to any third party.

7. LIMITATION OF LIABILITY

In no event shall LICENSER be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if LICENSER has been advised of the possibility of such damages. In no event will LICENSER be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. LICENSER shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.