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End User License Agreement

Last Updated: May 10, 2024

IMPORTANT: PLEASE LOOK THROUGH THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE YOU DOWNLOAD AND INSTALL SOFTWARE OF MINDONMAP, OR ANY OTHER RELATED SOFTWARE COMPONENTS, MEDIA, PRINTED MATERIALS OR OTHER ASSOCIATED ELECTRONIC DOCUMENTATION (COLLECTIVELY, THE “SOFTWARE”). TO ACCOMPLISH YOUR ORDER OF MINDONMAP'S SOFTWARE, YOU NEED TO AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT.

THIS AGREEMENT IS THE COMPLETE VERSION BETWEEN YOU AND MINDONMAP STUDIO, AND IT REPLACES ANY PREVIOUS ADVICE, AGREEMENT, REPRESENTATION, OR UNDERSTANDING BETWEEN YOU AND MINDONMAP. WHEN YOU DOWNLOAD, INSTALL, COPY, OR USE MINDONMAP SOFTWARE, YOU AGREE TO ACCEPT THE CONSTRATINTS OF THIS AGREEMENT. AND IT CONTAINS AN ARBITRATION PROVISION.

Intellectual Property Ownership

The Software is safeguarded by copyright and other intellectual property regulations, with all corresponding rights belonging to MindOnMap and its affiliates. Additionally, any content accessible through the Software is subject to the intellectual property rights of its respective owner. This Agreement does not confer upon you any rights to utilize such content. MindOnMap reserves all rights not explicitly granted to you. The Product is licensed to you, not sold. Any reproduction, transmission, modification, creation of derivative works, public display, or performance of the Product is strictly prohibited. Unauthorized copying or storage of the Product, except as expressly permitted in the content below, requires prior written consent from MindOnMap.

License Grant and Prohibited Use

MindOnMap provides you with a restricted, non-exclusive, non-transferable license to utilize the Software on the number of computers you've purchased licenses for. This usage is contingent upon running a legally obtained copy of the operating system compatible with the Software, whether for personal or internal corporate purposes. You may create a backup of the Software for archival purposes, provided the original copy remains unused. Copyright notices on the Software copies must not be tampered with or removed. Concurrent usage of the Software on a network or by multiple individuals is prohibited. Renting, leasing, or transferring the Software is not permitted. Without legal authorization, reverse engineering, decompiling, or disassembling the Software or attempting to do so is prohibited. Any additional code provided by MindOnMap as part of agreed-upon support services is considered integral to the Software and is bound by the terms of this Agreement. Adherence to relevant laws is mandatory for Software usage.

Trial of Software

If you've obtained, downloaded, or installed a trial version of the Software, you are granted an evaluation license. During this evaluation period, which begins from the initial installation date unless specified otherwise, you may only use the Software for assessment purposes. It is strictly forbidden if you use the Software for and other intentions or beyond the evaluation period.

Installation of Software

You may install the licensed Software on only 2 devices. You, as the principal user of the licensed device, must adhere to this restriction. This Agreement applies to all installations of the Licensed Software and installing it on more than 2 devices is prohibited. If you wish to install the Software on more than 2 devices, additional licenses must be purchased. You are solely responsible for any expenses associated with installing and using the Licensed Software.

Improvement Program of Software

MindOnMap is dedicated to safeguarding your privacy, with exceptions as outlined in this Agreement. This declaration elucidates the process of collecting anonymous data and the utilization practices within MindOnMap's Software Improvement Program. To enhance the software, its features, and user experience, we automatically gather, process, and utilize information pertaining to the usage of various modules and functionalities of MindOnMap software. Additionally, anonymous data is collected for statistical analysis regarding software usage. This information is solely utilized to enhance the software experience for end users. It will not be disclosed, shared, sold, traded, or rented to third parties for marketing purposes. Users who prefer not to utilize this service can opt-out via the advanced options menu during the installation process.

Upgrade of Software

Technical measures might be employed to deter unauthorized or illegal use of the Software. MindOnMap reserves the right to impose limitations on the number of installations/uninstallations allowed per Licensee, the devices' amount, and the purchased license's period. Upgrade of the Software may be necessary after installation. Failure to upgrade the Software may result in limited functionality or cessation of operation after a certain period. Incomplete upgrade may also cause the Software to cease functioning. Licensees experiencing difficulties during the upgrade process are encouraged to reach out to the MindOnMap Support Team for assistance.

Transfer License

The Licensee cannot transfer, rent, lease, loan, assign, sublicense, disseminate, or sell the Licensed Software or the license to others without prior permission of MindOnMap.

Disclaimer of Warranty

SUBJECR TO THE CONDITIONS OUTLINED ABOVE, THE SOFTWARE OF MINDONMAP IS BEING LICENSED UNDER AN "AS IS" AND "WITH ALL FAULTS" BASIS WITHOUT ANY EXPRESS OR IMPLIDE WARRANTIES. YOU ASSUME ALL RISKS REGRADING THE QUALITY AND PERFORMANCE OF THE SOFTWARE, AND IN CASE OF ANY DEFECTS, YOU, NOT MINDONMAP, ARE RESPONSIBLE FOR ALL NECESSARY SERCICING OR REPAIRS. MINDONMAP DISCLAIMS ALL OTHER WARRANTIES ON THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NOT-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, MINDONMAP DOES NOT GUARANTEE HOW ACCURATE THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS ARE WITHIN THE SOFTWARE, NOR DOES IT WARRANT AGAINST ANY HARM CAUSED BY COMPUTER VIRUSES OR SIMILAR PROGRAMS. MINDONMAP EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS OR ANY THIRD PARTY. THE DURATION OF ANY STATUTORY WARRANTY PERIOD IS LIMITED TO THE TERM OF THE LIMITED WARRANTY. HOWEVER, YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY DEPENDING ON YOUR LOCATION.

Limitation of Liability

MINDONMAP ASSUMES NO RESPONSIBILITY FOR THE CONTENT OF THE SOFTWARE INCLUDING BUT NOT LIMITED TO ERRORS, OMISSIONS, LIBEL, INFRINGEMENTS OF RIGHTS, BUSINESS INTERRUPTIONS, PERSONAL INJURY, LOSS OF PRIVACY, OR DISCLOSURE OF CONFIDENTIAL INFORMATION. MINDONMAP'S LIABILITY IS LIMITED TO THE ACTUAL PRICE PAID FOR THE SOFTWARE AND SHALL NOT EXCEED THAT AMOUNT UNDER ANY CIRCUMSTANCES.

IN THE EVENT OF A THREATENED, POTENTIAL, OR ACTUAL CLAIM OF INFRINGEMENT OF ANOTHER'S RIGHTS FOR WHICH MINDONMAP MAY BE HELD LIABLE, THE LICENSEE AGREES TO PROMPTLY CEASE USING AND DELETE THE PRODUCT UPON RECEIVING WRITTEN NOTICE FROM THE COMPANY (INCLUDING VIA EMAIL). MINDONMAP MAY OFFER THE LICENSEE A REPLACEMENT, UPDATED, OR MODIFIED SOFTWARE FREE OF CHARGE. IN SUCH CASES, MINDONMAP ASSUMES NO ADDITIONAL LIABILITIES TOWARDS THE LICENSEE.

Restrictions of Exporting

The United States regulates the export of products and information. You agree to adhere to these regulations and refrain from exporting or re-exporting the Software to countries or individuals prohibited by export control laws. By downloading the Software, you confirm that you are not located in a country where such export is restricted or are a person or entity to whom such export is restricted. You are responsible for complying with the laws of your local jurisdiction concerning the import, export, or re-export of the Software.

Taxes

All sales, use, and similar taxes connected to the Licensed Software should be paid by you.

Termination

MindOnMap reserves the right to terminate this Agreement if you fail to adhere to its terms, without prejudice to any other rights. In such an event, you must remove and destroy any copies of the Software in your possession.

Miscellaneous

MINDONMAP PROHIBITS THE USE OF OUR SOFTWARE FOR ANY ACTIVITIES THAT VIOLATE LOCAL LAWS OR INFRINGE UPON THE TIGHTS OR INTELLECTUAL PROPERTY OF OTHERS. IF YOU ENGAGE IN ILLEGAL ACTIVITIES OR INFRINGE UPON THE RIGHTS OF OTHERS USING OUR SOFTWARE, YOU ARE RESPONSIBLE FOR ANY RESULTING CONSEQUENCES BY YOURSELF. IF YOU DISAGREE WITH THIS POLICY, PLEASE REFRAIN FROM INSTALLING AND/OR USING THE SOFTWARE PRODUCT.

To the fullest extent permitted by law, we retain the sole discretion for the final interpretation. If you have any questions about this EULA, please feel free to contact us: support@mindonmap.com.

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