This Software License Agreement (the “Agreement”) is an agreement between you and Hypoom LLC (“Hypoom”) that governs your use of the software accompanying this license, including any related application, driver, extension, service component, tool, library, update, documentation, or other software provided by Hypoom (collectively, the “Hypoom Software”).
By installing, copying, downloading, accessing, or using the Hypoom Software, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not install, copy, download, access, or use the Hypoom Software.
Subject to your compliance with this Agreement, Hypoom grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Hypoom Software for your personal or internal business purposes.
You may make a reasonable number of copies of the Hypoom Software solely for installation, backup, or archival purposes, provided that all copyright, trademark, and proprietary notices remain intact.
You may not copy, modify, adapt, translate, decompile, reverse engineer, disassemble, create derivative works from, rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Hypoom Software, except as expressly permitted by this Agreement or applicable law.
You may not use the Hypoom Software to provide service bureau, hosted, managed, cloud, or similar third-party services without Hypoom’s prior written consent.
The Hypoom Software is not designed or intended for use in nuclear facilities, aircraft navigation or communication systems, air traffic control, life support systems, medical devices, autonomous vehicle control, emergency systems, or any other environment where software failure could result in death, personal injury, severe property damage, or environmental harm.
The Hypoom Software is licensed, not sold. Hypoom and its licensors retain all rights, title, and interest in and to the Hypoom Software, including all copyrights, patents, trademarks, trade secrets, and other intellectual property rights.
You receive only the rights expressly granted in this Agreement. Hypoom reserves all other rights. You may not use the Hypoom Software for any unlawful purpose.
You may not transfer your license rights to another person or entity without Hypoom’s prior written consent.
If Hypoom permits a transfer, you must transfer all copies of the Hypoom Software, including all components, documentation, license keys, and this Agreement; you may not retain any copies; and the recipient must agree to be bound by this Agreement.
Hypoom Software provided for trial, evaluation, beta, preview, demonstration, testing, or not-for-resale purposes may be used only for the purpose for which it was provided and may not be sold, transferred, or used in production unless Hypoom gives written permission.
Hypoom may provide certain add-on features, plugins, services, or components under separate terms. If separate terms apply, those terms will control for the applicable feature, plugin, service, or component.
Your rights under this Agreement will terminate automatically if you fail to comply with any term of this Agreement.
Upon termination, you must stop using the Hypoom Software and destroy or delete all copies in your possession or control. Sections concerning ownership, limitations, warranty disclaimers, limitation of liability, export compliance, government end users, controlling law, and complete agreement will survive termination.
For a period of ninety (90) days from the date of your original purchase, Hypoom warrants that the Hypoom Software will perform substantially in accordance with its documentation when used as intended and in a supported environment.
Hypoom’s entire obligation and your exclusive remedy for breach of this limited warranty will be, at Hypoom’s option, repair or replacement of the Hypoom Software, provision of an update or workaround, or refund of the amount paid for the Hypoom Software.
This limited warranty does not apply to problems caused by misuse, accident, unauthorized modification, unsupported hardware or software, third-party products, failure to follow documentation, or use of trial, beta, preview, evaluation, or unsupported versions.
Except for the limited warranty stated above, the Hypoom Software is provided “as is” and “as available.” To the maximum extent permitted by law, Hypoom disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, non-infringement, uninterrupted operation, and error-free performance.
Hypoom does not warrant that the Hypoom Software will meet your requirements, operate without interruption, be free of defects, be compatible with all systems, devices, operating systems, hardware, or third-party software, or that all defects will be corrected.
To the maximum extent permitted by law, Hypoom will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of data, business interruption, loss of goodwill, or other commercial damages or losses arising out of or related to the Hypoom Software or this Agreement.
Hypoom’s total liability for all claims arising out of or related to the Hypoom Software or this Agreement will not exceed the amount you paid to Hypoom for the Hypoom Software giving rise to the claim, or fifty U.S. dollars (US $50.00), whichever is greater.
Some jurisdictions do not allow certain warranty exclusions or liability limitations, so some of the above limitations may not apply to you.
You may not use, export, re-export, import, sell, or transfer the Hypoom Software except as authorized by United States law and the laws of the jurisdiction where the Hypoom Software was obtained.
You represent and warrant that you are not located in, under the control of, or a national or resident of any country or region subject to applicable U.S. embargo or sanctions, and that you are not listed on any U.S. government restricted-party list.
The Hypoom Software and related documentation are “Commercial Computer Software” and “Commercial Computer Software Documentation.” If provided to or on behalf of the U.S. Government, the Hypoom Software is licensed only with the rights granted to all other end users under this Agreement.
This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.
This Agreement constitutes the complete agreement between you and Hypoom regarding the Hypoom Software and supersedes all prior or contemporaneous agreements, communications, and understandings regarding the Hypoom Software.
No amendment or modification of this Agreement will be binding unless in writing and signed by an authorized representative of Hypoom.
Any translation of this Agreement is provided for convenience only. In the event of a conflict between the English version and any translated version, the English version will govern.