Faux Pas

Faux Pas License Agreement

READ CAREFULLY: THIS IS A LEGAL AGREEMENT.

BY INSTALLING, COPYING OR OTHERWISE USING THIS SOFTWARE, YOU ARE BECOMING A PARTY TO THIS AGREEMENT AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL, USE OR COPY THE SOFTWARE.

Parties

“Licensor” means Ali Rantakari, a private trader with its principal place of business in Espoo, Finland.

“Licensee” means the individual or legal entity specified in the License Certificate. For legal entities, “Licensee” includes any entity which controls, is controlled by, or is under common control with Licensee. For purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

Definitions

“Software” means the software product known as Faux Pas, including related components, which may include associated media or documentation.

“License Type” means the type of a license to the Software: a Personal License, an Organization Seat License, a Site License, or an Enterprise License.

“License Key” means a key code, produced by the Licensor or its representatives, that enables authorized users to use the Software.

“License Certificate” means evidence of a license provided by Licensor to Licensee. The License Certificate also specifies the License Type, the License Key, and the version(s) of Software to which the license applies.

License Grant

Subject to the payment of applicable license fees, the Licensor grants the Licensee a non-exclusive license to use the Software only in accordance with the terms and conditions set forth herein.

Any license to use the Software applies exclusively to the version(s) of the Software specified in the License Certificate.

Personal License Terms

A Personal License may only be obtained by private persons. Personal Licenses may not be obtained or refunded by or on behalf of companies, commercial institutions, government agencies or business entities.

Organization Seat License Terms

An Organization Seat License may only be obtained by or on behalf of companies, commercial institutions, government agencies or business entities.

An Organization Seat License allows the Software to be used by a single employee, independent contractor, or other temporary worker authorized by Licensee to use the Software while performing duties within the scope of their employment or assignment. Separate Organization Seat Licenses must be obtained for each such person who wishes to use the Software.

By obtaining an Organization Seat License you personally warrant that you have full legal authority to enter into this agreement on behalf of the Licensee.

Site License Terms

A Site License may only be obtained by or on behalf of companies, commercial institutions, government agencies or business entities.

A Site License allows the Software to be used by all employees, independent contractors, and other temporary workers authorized by Licensee to use the Software while performing duties within the scope of their employment or assignment, provided that all such use occurs only at business locations specified in the License Certificate.

By obtaining a Site License you personally warrant that you have full legal authority to enter into this agreement on behalf of the Licensee.

Enterprise License Terms

An Enterprise License may only be obtained by or on behalf of companies, commercial institutions, government agencies or business entities.

An Enterprise License allows the Software to be used by all employees, independent contractors, and other temporary workers authorized by Licensee to use the Software while performing duties within the scope of their employment or assignment.

By obtaining an Enterprise License you personally warrant that you have full legal authority to enter into this agreement on behalf of the Licensee.

Evaluation Period

The Licensee has the right to use the Software without charge for a period of thirty (30) days from the date of installation of the Software unless otherwise specified (“Evaluation Period”).

The Licensee’s use of the Software during the Evaluation Period shall be limited to the internal evaluation of the Software for the sole purpose of determining whether the Software meets the Licensee’s requirements and whether the Licensee desires to continue use of the Software.

Upon expiration of the Evaluation Period, the Licensee must obtain a license for perpetual use of the Software or cease using the Software. The Software contains a feature that will automatically disable it upon expiration of the Evaluation Period. The Licensee may not disable, destroy, or remove this feature, and any attempt to do so will be in violation of this Agreement and will terminate the Licensee’s rights to use the Software.

Beta Period

The Licensee has the right to use a Beta version of the Software without charge until the Beta version expires. The Beta version expires when version 1.0 of the Software is released.

Upon expiration of the Beta version, the Licensee must obtain a license for perpetual use of the Software or cease using the Software. The Software contains a feature that will automatically disable it upon expiration of the Beta version. The Licensee may not disable, destroy, or remove this feature, and any attempt to do so will be in violation of this Agreement and will terminate the Licensee’s rights to use the Software.

License Limitations

The Licensee may not:

License Transfers

With prior notice to the Licensor, the Licensee may transfer their license to the Software only once and permanently to another person or legal entity. The receiving person or legal entity must satisfy the conditions of the applicable license terms.

Term and Termination

This License Agreement remains in effect until terminated.

The Licensee may terminate this License Agreement at any time by informing the Licensor. The License Agreement will also automatically terminate if the Licensee fails to comply with any of its terms and conditions.

The Licensee agrees that on termination of this license they permanently destroy all copies of the Software in their possession and discontinue their use of the Software.

Ownership

The Software is protected by copyright, trademark and other laws of Finland and other countries. The Licensor retains all rights to the Software not expressly granted in the Terms in this document.

Limited Warranty

THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE LICENSOR PROVIDES THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Disclaimer of Damages

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL THE LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, THE LICENSOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR A LICENSE TO THE SOFTWARE UNDER THIS AGREEMENT.

General

Suitability

The Software is subject to certain functional restrictions as informed by the Licensor. You hereby acknowledge and confirm that you have checked its suitability for your own requirements before using the Software.

Changes to the Software

The Licensor reserves the right to modify features or functionality of the Software, including but not limited to adding new features or removing existing features.

Governing Law

These Terms shall be governed under the laws of Finland without regard to conflict of laws rules and principles. The courts of Finland shall have the exclusive jurisdiction and venue to adjudicate any dispute arising out of these Terms.

Contact Information

If you have any questions about this document, or wish to contact the Licensor for any other reason, please direct all correspondence to dev@fauxpasapp.com.