Summary
This End User License Agreement licenses Crownware software to you personally under the Pass you bought. You may install and run the software on the devices your Pass allows, keep it updated, and use it for any lawful purpose. You may not copy it for others, tamper with activation, or reverse engineer it beyond what the law permits. Consumers keep their statutory conformity rights; business users receive a ninety-day limited warranty. The software is licensed, not sold, and Crownware Ltd Company keeps every right that it does not expressly grant.
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Acceptance of this agreement
This End User License Agreement (EULA) is a legal agreement between you and Crownware Ltd Company (Crownware, we, us, or our) for the Crownware software products listed in the Catalog, together with their documentation, release artifacts, and updates (the Software). You accept this EULA when you tick the agreement box at checkout, when you download or install the Software, or when you activate a Pass in the Software. If you do not agree, do not install or use the Software.
This EULA supplements the Terms of Service, which govern your Crownware account, Orders, payment, refunds, dispute resolution, and governing law. Capitalized terms that this EULA does not define have the meaning given in the Terms of Service. If this EULA conflicts with the Terms of Service about the Software itself, this EULA controls.
If you are a consumer, nothing in this EULA limits any right that consumer-protection law grants you and that cannot be waived by contract. If you use the Software on behalf of a company or another legal entity, you represent that you are authorized to bind that entity.
Definitions
- Activation
- The process by which the Software verifies, using your Account credentials, that a valid Pass exists for the Product on a Device.
- Device
- A single physical or virtual computer on which the Software is installed and activated.
- Documentation
- The user guides, reference material, and release notes that we publish for a Product.
- License Term
- For a Timed Pass, the period during which banked time remains; for a Lifetime Pass, the lifetime of the Product as defined in the Terms of Service.
- Pass
- A one-time purchased entitlement to use a Product, as defined in the Terms of Service.
- Product
- A specific Crownware software product, such as Crownware Forge or Crownware Pulse.
- Release Artifact
- A verified, signed build of a Product that we make available for download.
- Update
- A patch, fix, enhancement, or new version of a Product that we provide to holders of a valid Pass.
License grant
Subject to your compliance with this EULA and the Terms of Service, and for the License Term of each valid Pass that you hold, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- download, install, and run the Release Artifacts of the Product on up to the number of Devices that we publish for that Product on its product page at the time of your purchase, or, if no number is published, on Devices that you own or control and use yourself;
- use the Product for any lawful purpose, including commercial software development, on the projects and systems that you own or are authorized to work on;
- make one copy of the Release Artifact for backup and archival purposes, provided that the copy retains every proprietary notice; and
- use the Documentation to support your permitted use of the Product.
The license is personal to the individual who holds the Account. A Pass may not be used by more than one person, and the Software may not be run as a shared service for others, whether or not for payment. Where a Product is used within a company, each individual user requires their own Account and Pass unless we have agreed a written team or site license.
Free products. Products that we make available without charge are licensed under this EULA for as long as we make them available. They may be withdrawn or changed at any time, and the warranties in this EULA do not apply to them except where the law requires.
Restrictions
Except to the extent that applicable law expressly permits it despite this restriction, you may not, and may not allow anyone else to:
- copy the Software other than as permitted in the section titled License grant;
- modify, translate, adapt, or create derivative works of the Software;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or protocols of the Software, except to the extent that the law of the place where you live permits it to achieve interoperability with independently created software after you have asked us for the necessary information and we have failed to provide it within a reasonable time;
- circumvent, disable, or interfere with Activation, license verification, banked-time accounting, device limits, code signing, or any other technical protection measure, or distribute tools that do so;
- sell, rent, lease, lend, sublicense, distribute, or otherwise transfer the Software or a Pass to any third party, or use the Software to provide a service bureau, hosting, or time-sharing service;
- remove, alter, or obscure any copyright, trademark, or other proprietary notice in the Software;
- use the Software to develop a product that replicates the Software's proprietary functionality by copying its code, protocols, or user interface;
- use the Software in violation of the Acceptable Use Policy, any law, or the rights of others; or
- export or re-export the Software in violation of the export-control and sanctions rules in the Terms of Service.
Rights that you have under mandatory law, including rights to make back-up copies, to observe, study, and test the functioning of the Software, and to decompile for interoperability under Directive 2009/24/EC as implemented in your country, are not affected by these restrictions.
Activation, devices, and license verification
The Software requires Activation with your Account before it can be used. During Activation and periodically afterwards, the Software contacts our servers to verify that your Pass is valid, to record which Devices are activated, and to account for banked time. For that purpose it transmits your Account token, a device identifier derived from hardware and operating-system characteristics, the Product name and version, and the time of the check. The Privacy Policy describes this processing.
You may deactivate a Device from the Software or from your dashboard to free a device slot. We may limit how often Devices can be swapped to prevent abuse, and we publish any such limit in the Documentation. If Activation cannot be verified because you are offline, the Software will continue to work for the offline grace period stated in the Documentation for that Product before requiring a new check.
Banked time. For a Timed Pass, banked time starts to run at first Activation and then runs continuously in real time, whether or not the Software is open, until it is exhausted. The Software shows the remaining time. We rely on the time reported by our servers; manipulating a Device clock to extend a Pass is a breach of this EULA.
Products awaiting release. Where a Product's release channel shows that no verified Release Artifact is available yet, Activation is not possible, banked time does not start, and the Terms of Service and the Refund Policy describe your cancellation rights.
Updates and support
During the License Term we provide the Updates that we make generally available for the Product. Updates may add, change, or remove features and are subject to this EULA. We may require you to install an Update to continue using the Product where the Update fixes a security vulnerability or is needed for Activation to keep working; we will describe such Updates in the release notes.
Consumers in the European Union, the European Economic Area, and the United Kingdom. We will supply the updates, including security updates, that are necessary to keep the Product in conformity with the contract for the period that you can reasonably expect given the type and purpose of the Product and the circumstances of the contract, and in any case for the License Term of your Pass. We will inform you about available updates. If you do not install an update that we have supplied within a reasonable time, we are not liable for a lack of conformity that results solely from that omission, provided that we informed you about the consequences and that the installation instructions were not defective.
We are not obliged to develop new features, to support operating systems or hardware that their vendors no longer support, or to maintain compatibility with third-party software that changes. Support is provided as described in the Terms of Service.
End of life. If we stop providing a Product, we will give the notice and remedies described in the Terms of Service and the Refund Policy. Lifetime Passes are supported for at least 3 years from purchase.
Your data and your systems
The Software processes the code, builds, logs, traces, metrics, and other data that you choose to work with (Your Data). Your Data is stored on your Devices and on the systems that you configure; it is not transmitted to us unless you enable a feature whose Documentation states that it sends data to us, and then only the data that the Documentation describes. You own Your Data and are responsible for it, including for having the rights to process it and for complying with the laws that apply to it.
The Software does not send crash reports, diagnostics, or usage analytics to us unless you enable that option; if you do, you can disable it at any time in the Software settings. We use any such data only to improve the Software and as described in the Privacy Policy.
You are responsible for maintaining your own backups of Your Data and of your configurations. The Software's rollback, caching, retention, and export features are tools that you operate; they are not a backup service provided by us.
Ownership and reservation of rights
The Software is licensed, not sold. Crownware and its licensors own all right, title, and interest in and to the Software, including all copyrights, patents, trade secrets, trademarks, and other intellectual-property rights, and all copies, modifications, and derivative works. Except for the license expressly granted in this EULA, no right or license is granted to you, whether by implication, estoppel, or otherwise. Feedback that you provide is licensed to us as described in the Terms of Service.
Third-party and open-source components
The Software includes components that are licensed by third parties, including components under open-source licenses. Those components are governed by their own license terms, which are listed in the Software's about screen or in a notices file distributed with the Release Artifact. Where such a license grants you rights that are broader than this EULA, that license governs the component to which it applies. Nothing in this EULA restricts the rights that you have under those licenses.
Warranties
Consumers
If you are a consumer, the Software must conform to the contract: it must match its description, be fit for the purposes for which software of its kind is normally used, have the quality and performance features that are normal for software of its kind and that you can reasonably expect, and be supplied with the updates described in the section titled Updates and support. If it does not conform, you are entitled to the remedies that the law of the place where you live provides, which in the European Union and the European Economic Area include bringing the Software into conformity, a proportionate reduction in price, or termination of the contract, and in the United Kingdom include repair or replacement, a price reduction, and a refund. Those remedies and the periods during which you may claim them are set by law and are not reduced by this EULA.
Business users
If you are not a consumer, we warrant that for ninety days after the first Activation of a Pass the Product will perform materially in accordance with its Documentation. Your exclusive remedy, and our entire obligation, for breach of this warranty is that we will use reasonable efforts to correct the non-conformity or, if we cannot do so within a reasonable time, refund the price you paid for the affected Pass on a pro-rata basis for a Timed Pass or in full for a Lifetime Pass, after which the license for that Pass ends. To make a claim, write to admin@crownware.org within the warranty period with a description of the problem.
Except for the warranties expressly stated in this EULA and to the fullest extent permitted by applicable law, the Software is provided "as is" and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Software will meet your requirements, operate without interruption, or be free of errors. Pre-release features are provided without warranty of any kind except where the law requires.
Limitation of liability
The section titled Limitation of liability in the Terms of Service applies to this EULA and to your use of the Software as if set out here in full, including the exclusions, the cap, the list of liabilities that are never limited, and the replacement provision for consumers in Germany.
Term and termination
This EULA takes effect when you first accept it and continues, for each Product, for the License Term of your Pass. The license for a Timed Pass ends automatically when its banked time is exhausted, and the license for a Lifetime Pass ends when the Product's lifetime ends.
We may terminate this EULA for a Product if you materially breach it and, where the breach can be cured, fail to cure it within fourteen days after we notify you. We may terminate immediately, with notice, if you circumvent Activation or technical protection measures, distribute the Software, or use it unlawfully. The Terms of Service describe when the closing of your Account ends your Passes.
When the license for a Product ends, you must stop using the Product and delete every copy of its Release Artifacts from your Devices, except copies that you are entitled to keep under mandatory law. The sections titled Restrictions, Ownership and reservation of rights, Warranties, Limitation of liability, and General provisions survive termination.
Export compliance and government users
The Software is subject to the export-control and sanctions rules in the Terms of Service, which apply to this EULA as if set out here. You agree to comply with them and not to transfer the Software to any prohibited destination, person, or end use.
United States Government users. The Software and Documentation are "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202. If you are an agency of the United States Government, your rights are limited to those granted to all other users under this EULA, consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4.
General provisions
The sections of the Terms of Service titled Dispute resolution and arbitration, Governing law and venue, Jurisdiction-specific terms, Changes to the Services and to these Terms, and General provisions apply to this EULA. If any provision of this EULA is held invalid or unenforceable, the remaining provisions remain in force and the invalid provision is enforced to the maximum extent permitted.
This EULA, together with the Terms of Service and the Order details recorded at checkout, is the entire agreement between you and Crownware about the Software. Questions about this EULA can be sent to admin@crownware.org; our full company identification is in the Impressum.