Please, read this carefully. By using all or any portion of the Software you accept all the
terms and conditions of this Agreement. If you do not agree, do not use this Software.
1. DEFINITIONS
When used in this Agreement, the following terms shall have the respective meanings indicated,
such meanings to be applicable to both the singular and plural forms of the terms defined:
“Licensor” or "Author" means
Daniel BP.
“Licensee” means You or Your Company, unless otherwise indicated.
“Software” means (a) all of the contents of the files, disk(s) or other media with which
this Agreement is provided, including but not limited to ((i) registration information, i.e.
License key which is unique for a registration name of the Licensee; (ii) related explanatory
written materials or files (“Documentation”); and (iii) Software setup files and code samples
(if any); and (b) upgrades, modified versions, updates, additions, and copies of the Software,
if any, licensed to you by the Licensor (collectively, “Updates”).
“Use” or “Using” means to access, install, download, copy, online use or otherwise benefit
from using the functionality of the Software in accordance with the Documentation.
“Supporters” means individuals or companies that support financially or technically the
Software development. Supporters have no ownership or rights over the Software.
“System” or “Device” means the physical or virtual computing terminal or software platform
from where the Software code is executed.
“Online Version” means a specific Software version that can be executed from within
Internet Browser softwares.
2. GENERAL USE
The Licensee is granted a non-exclusive License to Use the downloaded Software for any purposes
under the following conditions:
2.1. The Licensor may charge download, usage or installation fees for certain distribution
channels and/or devices.
2.2. The Software may be installed and Used by the Licensee for any legal purpose.
2.3. The Software may be installed and Used by the Licensee on any number of systems.
2.4. The Licensor may set access limits for the API interface to prevent abuse.
2.5. The Licensee will not have any proprietary rights in and to the Software. The
Licensee acknowledges and agrees that the Licensor retains all copyrights and other proprietary
rights in and to the Software.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 This License does not transmit any intellectual rights on the Software. The Software
and any copies that the Licensee is authorized by the Licensor to make are the intellectual
property of and are owned by the Licensor.
3.2 The Software may be protected by copyright, including without limitation by Copyright
Law and international treaty provisions.
3.3 Any copies that the Licensee is permitted to make pursuant to this Agreement must
contain the same copyright and other proprietary notices that appear on or in the Software.
3.4 The structure, organization and code of the Software are the valuable trade secrets
and confidential information of the Licensor. The Licensee agrees not to decompile, disassemble
or otherwise attempt to discover the source code of the Software.
3.5 Any attempts to reverse-engineer, copy, clone, modify or alter in any way the
installer program or the distribution packages without the Licensor’s specific approval are
strictly prohibited. The Licensee is not authorized to use any plug-in or enhancement that
permits to save modifications to a file with software licensed and distributed by the
Licensor.
3.6 Trademarks shall be used in accordance with accepted trademark practice, including
identification of trademarks owner's names. Trademarks can only be used to identify printed
output produced by the Software and such use of any trademark does not give the Licensee any
rights of ownership in that trademark.
4. WARRANTY AND PRIVACY COMMITMENT
4.1 The Licensor warrants that:
4.1.1 The Licensor owns the Software and documentation and/or is in possession of
valid and existing licenses that support the terms of this Agreement;
4.1.2 To the best of the Licensor’s knowledge, the Software does not infringe upon
or violate any intellectual property right of any third party;
4.1.3 The Software does not contain any routine, intentionally designed to disable a
computer program, or computer instructions that may alter, destroy or inhibit the processing
environment;
4.1.4 The Software will collect, process and store the license key provided by the
users to restrict features according to the purchased services and for statistical purposes. The
license key may be linked with personal information like name, company, contact and payment
details.
4.1.5 The Software will collect device data: IP address, operating system, browser
type and version for statistical purposes and to prevent abuses.
4.1.6 The Software will not store calculation and design inputs or results provided
by it's users.
4.1.7 The Licensor shares Licensee's personal data with third parties for the strict
purpose of maintaining the Software services like invoicing, payment processing and managing
license and usage permissions.
4.1.8 The Licensee can request a copy, update, rectify or delete it's own personal
data stored in the Licensor or Software records.
4.2 Except those warranties specified in section 4.1 above, the Software is being
delivered to the Licensee “AS IS” and the Licensor makes no warranty as to its use or
performance.
The Licensor does not and cannot warrant the performance or results the Licensee may obtain by
using the Software. The entire risk arising out of use or performance of the Software remains
with the Licensee.
The Licensor gives no warranty, express or implied, that (i) the Software will be of
satisfactory quality, suitable for any particular purpose or for any particular use under
specified conditions, notwithstanding that such purpose, use, or conditions may be known to the
Licensor; or (ii) that the Software will operate error free or without interruption or that any
errors will be corrected.
5. LIMITATION OF LIABILITY
In no event will the Licensor or the Supporters be liable for any damages, claims or costs
whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost
savings, even if the Licensor or Supporters had been advised of the possibility of such loss,
damages, claims or costs or for any claim by any third party.
In no event will the Licensee be liable to the Licensor on condition that the Licensee complies
with all terms and conditions stated in this License.
6. TERMINATION
6.1 The license under this Agreement will terminate automatically if the Licensee destroy
the Software and the copy of the Software within his possession or voluntarily return the
Software to the Licensee.
6.2 The License under this Agreement will terminate automatically without any notice from
the Licensor if the Licensee fails to comply with any of the terms and conditions of this
Agreement. Promptly upon termination, the Licensee shall cease all use of the Software and
destroy all copies, full or partial, of the Software in his possession or control.
7. NON-WAIVER
If a portion of this agreement is held unenforceable, the remainder shall be valid. It means
that if one section of the Agreement is not lawful, the rest of the Agreement is still in force.
A party’s failure to exercise any right under this Agreement will not constitute a waiver of (a)
any other terms or conditions of this Agreement, or (b) a right at any time thereafter to
require exact and strict compliance with the terms of this Agreement.
8. GOVERNING LAW
This Agreement is governed by and construed in accordance with the internal laws of the State of
São Paulo, Brazil without giving effect to any choice or conflict of law provision or rule. Any
legal suit, action or proceeding arising out of or related to this Agreement or the Application
shall be instituted exclusively in the federal courts of Brazil or the courts of the State of
São Paulo in each case located in São Paulo city. You waive any and all objections to the
exercise of jurisdiction over you by such courts and to venue in such courts.