END USER LICENSE AGREEMENT (EULA)

IMPORTANT: BEFORE USING THE SOFTWARE, PLEASE READ THIS END USER LICENSE AGREEMENT (“END USER LICENSE AGREEMENT”, HEREINAFTER “EULA”) CAREFULLY. BY USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE SOFTWARE.

This End-User License Agreement (“EULA”) constitutes a legal agreement between you and e-matica, the exclusive owner of all the addon products produced by e-matica (here in after “the Product).

By installing or using the Product, you agree to accept and be bound by this EULA. e-matica reserves the right to change, modify, add or delete items in this EULA at any time in accordance with the procedures described in Section 9.

1. GRANT OF LICENSE.
1.1 e-matica grants you a non-exclusive, non-transferable, non-sublicensable, non-commercial, personal license for the purpose of installing and/or using the Product (in whole or in part), for so long as you or e-matica terminate this EULA. Under no circumstances may you use or permit others to use the Product or this License for commercial purposes without obtaining a license to do so from e-matica. Updates, upgrades, patches, and modifications may be required to continue using the Product on some hardware.

THIS PRODUCT IS LICENSED TO YOU AND IS NOT SOLD. If applicable, some parts of the Product may use third-party features, some of which are operated by third-party providers and for which additional terms and/or fees may apply.

1.2 You are not authorized, directly or indirectly, to:
(i) sell, rent, lease, license, distribute, market, exploit the Product or any of its components for commercial purposes;
(ii) redesign, decompile, disassemble, adapt, reproduce or create derivative works of the Product;
(iii) create, use and/or distribute “car”, “trainer”, “script” or “macro” computer programs or other “cheat” or “hack” programs;
(iv) remove, alter, disable, or circumvent any copyright or trademark indications given in the Product;
(v) export or re-export the Product in violation of any applicable law or regulation.

1.3 While using the Product, you agree to comply with all applicable laws, rules, and regulations.

2. INTELLECTUAL PROPERTY
All rights inherent in the Product are the exclusive property of e-matica. The Product is protected by national and international copyright laws. Any reproduction or representation of the Product without the prior consent of e-matica is prohibited.

3. ACCESS TO THE PRODUCT
3.2 If the Product is used on a compatible mobile terminal, the user must have access to an electronic communications network. Connection costs shall be borne solely by the user. e-matica shall not be liable for reduced use of the Product.

4. PERSONAL INFORMATION AND DATA SECURITY.
Any use of the user’s personal information will be carried out in accordance with applicable data protection regulations.

5. CONSENT TO MONITORING
While using the Product, certain activities may be monitored to detect unauthorized use or prohibited third-party programs.

6. WARRANTY LIMITATIONS, LIABILITY LIMITS
You expressly acknowledge that you use the Product at your own risk. For the broadest purposes permitted by applicable law, the Product is provided on an “as is” and “as available” basis. e-matica, its licensors, partners and associated service providers do not grant and hereby limit any assurances, conditions or warranties of any kind, express, implied or arising by statute or other terms, including:
(a) the conformity, accuracy, validity, completeness, reliability or security of the Product;
(b) its suitability for a particular use;
(c) implied warranties of title or non-infringement;
(d) its market value;
(e) the satisfaction of the User.

e-matica does not warrant that the Product will be uninterrupted or error-free, that any defects will be corrected, or that the Product is free of viruses or other harmful components. The User assumes all responsibility for the selection of the Product to achieve the desired results and for the installation, use, and results obtained with the Product. To the broadest extent permitted by applicable law, e-matica, its licensors, partners, and associated service providers shall in no event be held liable for any loss or damage incurred in connection with the use of the Product or third party services.

Licensees, partners and associated service providers of e-matica are third-party beneficiaries of the limits of liability specified in this section and may enforce this agreement against the User.

7. INDEMNITY .
You shall be solely liable for any damages caused to e-matica, its licensors, partners, associated service providers, subcontractors, other users of the Product, and other individual or legal entities in the event of a breach of this EULA.

You agree to defend, indemnify, and hold harmless e-matica, its licensors, partners, associated service providers, and subcontractors from any and all claims or alleged claims, liabilities, losses, damages, and costs (including attorneys’ fees), directly or indirectly attributable to your fault and/or arising out of:
(a) a breach of any of the provisions of this EULA;
(b) User’s use or misuse of the Product.

The provisions of this section shall survive the termination of this EULA.

8. TERMINATION .
This EULA shall be effective as of the earlier of the date of download or use of the Product. Termination of this EULA may occur at any time, either by You or by e-matica, for any reason. Termination by e-matica will be effective upon:
(a) notification to User;
(b) termination of the User’s account;
(c) decision to discontinue offering and/or supporting the Product.

This EULA will automatically terminate if User fails to comply with the terms and conditions set forth herein. Upon termination, User must immediately uninstall the Product and destroy all copies in User’s possession.

9. CHANGES TO THIS EULA OR PRODUCT.
e-matica reserves the right, in its sole discretion, to revise, update, modify, add or delete terms of this EULA for security, legal, regulatory or best practices reasons. Such changes will be effective immediately, with or without notification to the User. It is User’s responsibility to periodically review any changes to this EULA.

If User finds the changes unacceptable, User may terminate this EULA in accordance with Section 8. Your continued use of the Product constitutes your complete and irrevocable acceptance of the changes. e-matica also reserves the right to update or modify the Product for any reason, including technical improvements. You agree that the Product may automatically download and install such changes.

10. MISCELLANEOUS

10.1 Severability. If any provision of this EULA is found to be invalid or unenforceable, such provision shall be modified to the extent necessary to make it valid and enforceable, without affecting the remaining provisions.

10.2 Law and Jurisdiction. This EULA will be governed by the laws applicable in the jurisdiction in which e-matica operates.