This End User License Agreement ("Agreement") is a legal agreement between you (either as an individual or on behalf of an entity) ("User") and Libum ("Company", "we", "us", or "our") regarding your use of PowerOn Pro ("Software"). By downloading, installing, or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software.
Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Software for personal or business use in accordance with the permitted number of users or devices. The Software is provided under a license and is not sold. A valid subscription and Software License Key may be required to access paid features. Licenses are subject to restrictions based on the Proof of License, including the number of authorized users and devices.
Your Proof of License specifies:
You may not:
You may transfer the Software to a different internal workstation or user as long as you have a valid license for each such transfer. You may not transfer the Software to a third party or install it on a system not owned or controlled by you.
The Software and all related intellectual property rights are owned by Libum or its licensors. This Agreement does not grant you any ownership rights in the Software.
We may provide updates, patches, or enhancements to the Software at our discretion. Continued use of the Software after an update constitutes acceptance of the modified terms.
During the term of your license, Libum will provide support services and maintenance to you in accordance with Libum’s then-current support terms and conditions, as furthered detailed on https://libum.io/legal/sla (the "Service Level Agreement"), subject to your payment of the applicable fees. By accepting the terms of this EULA, you are accepting the Service Level Agreement, which terms are hereby incorporated by reference.
We reserve the right to audit your usage of the Software to ensure compliance with the terms of this Agreement and the Proof of License.
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SOFTWARE.
This Agreement is effective until terminated. We may terminate this Agreement at any time if you fail to comply with its terms. Upon termination, you must cease all use of the Software and delete all copies. If your license is subscription-based, failure to renew or pay applicable fees may result in automatic termination of your access to the Software. Any attempt to circumvent licensing or user seat limitations will result in immediate termination.
This Agreement shall be governed by and construed in accordance with the laws of Texas, without regard to its conflict of law principles.
The failure of Libum to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If you have any questions about this Agreement, please contact us at: Libum (development@libum.io)
By using the Software, you acknowledge that you have read, understood, and agreed to the terms of this Agreement.