Legal

End User License Agreement - PowerOn Pro

Last Modified: March 13, 2025

1. Agreement to Terms

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.

2. License Grant

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.

3. Free and Paid Licenses

  • "Free License" The free version of the Software is considered an evaluation license that may be used indefinitely. However, certain features and functionalities may be restricted or limited.
  • "Paid License" Access to premium features requires a paid subscription. The paid license is granted on a subscription basis, and continued access is contingent on timely renewal and compliance with the Proof of License.

4. Proof of License

Your Proof of License specifies:

  • The type of license purchased (Free, Paid, etc.).
  • The total number of authorized users and devices.
  • The license term (subscription duration).
  • Any applicable terms or restrictions related to usage. Failure to maintain a valid Proof of License may result in termination of access to the Software.

5. Restrictions

You may not:

  • Modify, adapt, translate, or create derivative works of the Software.
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software.
  • Rent, lease, sublicense, sell, or distribute the Software to third parties.
  • Use the Software in violation of any applicable law or regulation.
  • Remove or alter any proprietary notices or marks on the Software.
  • Share, transfer, or allow unauthorized users to access the Software beyond the permitted number of user seats.

6. Transfer of License

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.

7. Intellectual Property Rights

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.

8. Updates and Support

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.

9. Disclaimer of Warranties

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.

10. Limitation of Liability

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.

11. Termination

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.

12. Governing Law

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.

13. Contact Information

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.