End User License Agreement (EULA)

Subject

This user license contract is an agreement between you (natural or legal person who, where applicable, is representing, manifesting their power for said purpose) (the CLIENT) and Pixel Welding (hereinafter, the COMPANY).

The purpose of this contract is to regulate the conditions for granting a software user license, of a non-exclusive, personal and non-transferable nature under the terms and conditions provided herein.

Scope

By means of this contract, the COMPANY grants the CLIENT a non-exclusive, personal and non-transferable right to use the software.

The COMPANY is the owner of the intellectual, industrial and exploitation rights over the software stipulated in this contract and, subsequently, the CLIENT acquires no right of this type except that which is required for use. In particular, the CLIENT may neither reproduce, introduce improvements, make new updates, successive versions or derivative programs, nor, in general, make any adaptations or modifications.

Neither can they, for themselves or for third parties, access, modify or use the source code, decompile, reverse engineer or disassemble, except to the extent permitted by law, nor assign, sublicense, distribute, rent, transmit in any other way copies of the software, or conduct exploitations for themselves, for third parties or on behalf of third parties.

The user license subsequently includes updates that, where applicable, are applied to the version acquired by the CLIENT but not to any personalized developments that may be of interest to the CLIENT, or other additional services such as, for example, training or maintenance, all of which are services that should be the subject of another specific contract for said service that, when applicable, they wish to contract.

In any event, the license is granted for the program to be used by the number of users allowed according to the product license under which the software stipulated in this contract is installed.

Ownership

To the maximum extent permitted by law, and provided that liability shall not be excluded or limited in respect of malicious intent or gross negligence, the COMPANY hereby excludes all liability in respect of:

• Any loss, damages, claims or costs whatsoever including any consequential, indirect or incidental damages, any lost profits or lost savings, any damages resulting from business interruption, or claims by a third party, even if a COMPANY representative has been advised of the possibility of such loss, damages, claims or costs.
• Damages, claims or liabilities arising out of any of the following:
  • The content (including without limitation its nature or any intellectual property rights therein) and/or any other data, images, videos or sounds whatsoever that the licensee may access or transmit using the Software;
  • Liability to any employer, principal, client, lessor or provider of computer equipment or facilities, arising out of the installation of or use of the Software;
  • Any charges which the licensee may incur to any telecommunications service or network.

The COMPANY expressly excludes all liability in connection with any third party applications or third party components that may be included within the Software, or your use thereof.

To the maximum extent permitted by law, the COMPANY’s aggregate liability and that of its affiliates and suppliers under or in connection with this contract will be limited in any case to the amount paid for the Software, if any, or, if higher, to the minimum amount stipulated by a compulsory law.

Termination

This grant of license begins upon acceptance by the CLIENT, either expressly or through use or possession of the Software, and shall continue until terminated as provided in this contract.

The CLIENT may terminate this contract at any time by uninstalling the Software and destroying all copies of the Software, if applicable. Upon any termination, the CLIENT agrees to uninstall the Software.

The CLIENT’s failure to comply with any of the terms and conditions of this contract terminates the CLIENT’s right to use the Software, and the CLIENT will not receive a refund.